Mr. Justice B.N. Sinha, President—The complainants have filed this case against the United India Insurance Company Limited (opposite party No. 1) and its functionaries claiming Rs. 4,98,649.91 which includes the insurance claim of Rs. l,73,595.10 along with 18% per annum interest thereon and compensation as damage for loss in business due to delay in settlement of their insurance claim by the opposite party.

2. The facts of the case as put in by the complainant may be briefly noticed. The complainant Nos. 2, 3 and 4 are the partners of complainant No. 1 M/s. Aristo Distributors, Patna, a registered partnership firm dealing in business of medicines and the complainant No. 4 has been looking after the firm’s business and performing all the necessary acts on behalf of the firm with the consent of the other partners, though the other partners also look after the affairs of the firm’s business. Complainant No. 1 has its office and stores for keeping medicines for sale and distribution at 3/33, Rajendranagar, Patna which are kept under proper security and safety with lock and key. The office and the stores of the firm stood insured for Rs. 3,25,000/- with the opposite party by an insurance policy dated 27.12.89 against burglary, theft and fire accident. On 27.1.90 after the business hours the office and store room of the complainant No. 1 was properly and carefully locked. On 28.1.90 at about 12 noon while the complainant No. 4 was at his residence at Srikrishna Nagar was informed by one Prof. Keshav Deo Narain (Prof. K.D. Narain) a resident of Rajendra Nagar, Patna on telephone that the lock of their firm has been broken. Thereafter the complainant No. 4 went there alongwith Prof. K.D. Narain and one Sri G.N. Pandey and found the lock of the room and that of the gate of the firm broken and medicines missing. He immediately lodged information at the Kadamkuan Police Station. On the basis of which Kadamkuan P.S. Case No. 70/90/U/Sections 457 & 480, IPC was registered.

3. On 22.1.90 the complainant No. 4 by letter dated 29.1.90 informed the opposite party through its Branch Manager, opposite party No. 2 and its Divisional Office at Fraser Road, Patna also with regard to the theft stating the value of the medicines stolen away and these amount of loss sustained by the firm due to the said theft. The opposite party-Insurance Company there after sent a Surveyor who inspected the place of occurrence and also perused the necessary documents of the firm, took necessary photographs at the place of occurrence, visited Kadamkuan Police Station for verification of the F.I.R. lodged and found the claim of the complainants true and correct and that he accordingly advised the complainants to submit insurance claim on claim form stating the amount of loss sustained by theft. The complainants accordingly submitted the claim for Rs. 1,73,595/- to the opposite party on 10.2.90. Thereafter the complainants gave several reminders to the opposite party for payment of their claim amount, but in vain. The complainants therefore sent a legal notice dated 24.8.92 to the opposite party through their Advocate which was received in the office of the opposite party on 25.8.92. But even thereafter the opposite parties did not pay any attention for the settlement of their claim nor did they send any reply to the legal notice sent. Hence again the complainant by letter dated 24,9.92 sent a reminder to the opposite party for the payment of claim amount immediately with interest stating that otherwise the complainants would be forced to go to the Court of law for their claim. In reply to this reminder letter the opposite party by letter dated 5.11.92 informed the complainant falsely alleging that it was due to non-cooperation of the complainants that the settlement of the claim was being delayed, as the complainants have not complied with Letter No. E/170/ 047 sent by the Insurance Company. The complainants had complied with all the requirements and submitted the