Mr. Justice A.L. Bahri, President—M/s. Perma Nand Joginder Pal & Co., a partnership concern filed the present complaint against M/s. G.M.P. Finishing Mills Cold Storage, Amritsar as well as the Oriental Insurance Co. Ltd., Branch, Amritsar. The complainant-firm is working as Commission Agent. One of the items in which the complainant deals is Red chillies. In the business, such chillies are stored in different Cold Stores by the complainant namely Punjab Cold Storage and Saraswati Cold Storage apart from the Cold Storage of opposite party No. 1. There was a fire at the Cold Storage of opposite party No. 1. The stocks lying therein of Red Chillies belonging to the complainant were destroyed on May 4,1996. FIR No. 31 was got registered at the police station by one of the partners of opposite party No. 1 at Police Station Islamabad, District Amritsar. On account of such loss, compensation is being claimed from opposite party No. 1 - the Cold Storage as well as from the Insurance Company- opposite party No. 2. As far as opposite party No. 1 is concerned, the allegation of deficiency in rendering service and negligent act on the part of the opposite party No. 1 is alleged in not keeping the stored goods in safe custody for which premises of Cold Storage were requisitioned.

2. Against the Insurance Company, deficiency in rendering service is alleged as the claim regarding loss suffered was not settled as per the terms and conditions of the policy. At this stage, it may further be observed that the complainant — firm had taken two insurance policies covering risk of fire and burglary in respect of their goods, Red Chillies stored at the two other Cold Stores - Punjab Cold Storage and Saraswati Cold Storage. It was on the basis of an endorsement in respect of one of such policies that the claim regarding loss of Red Chillies stored in the Cold Storage of opposite party No. 1 is being claimed in the complaint. That being the position, the version submitted by both the opposite parties is to be separately noticed and to be dealt with. Opposite party No. 1, the Cold Storage while admitting the factum of fire and destruction of the stocks of Red Chillies stored by the complainant asserted that the fire was only in some portion of the Cold Storage and the stocks which were not affected by the fire were returned to the owners including the complainant. Several receipts issued by the complainant in respect of receipt of such stocks were referred to and produced. In the version, it was further stated that a Surveyor was appointed by the Insurance Company who had assessed the loss and liability was of the Insurance Company.

3. The version submitted by the Insurance Company was to the effect that the goods lying at the Cold Storage of the opposite party No. 1 were not covered by the insurance policies issued, which related to stocks stored at two other Cold Stores namely Punjab Cold Storage and Saraswati Cold Storage. The alleged endorsement on which the complainant relied was stated to be the result of coalition between the Development Officer, employee of the Branch of the Insurance Company and the complainant. The matter was got investigated and the Surveyor had checked the Stock Register of the two Cold Stores referred to above indicating no movement of the goods of the complainant therefrom at the relevant time for their shifting to the Cold Storage of opposite party No. 1. Thus, the Insurance Company denied its liability with respect to the stocks of the complainant lying at the Cold Storage of opposite party No. 1, which were not at all insured. At this stage details of the stocks are not being noticed. The following points arise out of the pleadings of the parties for consideration.

1. Whether the stocks of Red Chillies stored at the Cold Storage of opposite party No. 1 were covered by the risk under the insurance policy issued by opposite party No. 2 ?

2. Whether there was deficiency in rendering service on the part of the Insuranc