Mr. Justice K.C. Bhargava, President—This is an appeal against the judgment and order dated 16.7.1999 passed by District Consumer Forum, Bareilly in Complaint Case No. 228/1998.

2. The facts of the case stated in brief are that the complainant filed a complaint claiming a sum of Rs. 4,90,000/- alongwith 18% per annum interest as well as cost and other damages.

3. It is alleged that the complainant took insurance of his vehicle No. URW 929 for a period from 11.3.1993 to 10.3.1994 from National Insurance Company Ltd., opposite party and paid a sum of Rs. 11,053/-. It was against the theft also. The amount of insurance was Rs. 3,50,000/-.

4. In the night of 3/4th March, 1994 the complainant’s vehicle was stolen for which a First Information Report was lodged with the Baradari Police Station. This fact was informed to the opposite party on 4.3.1994. Thereafter the complainant tendered to the opposite party all the relevant documents and prayed for early disposal of the claim. Inspite of several letters the claim was not considered for a long time and after a long period the claim was rejected on the ground that the vehicle at the time of theft did not have a fitness certificate. It i