Mr. Justice S.K. Dubey, President—New India Assurance Company Ltd. aggrieved of the order dated 16th September, 1997 passed in Case No. 9/97 by the District Consumer Disputes Redressal Forum, Hoshangabad (for short the ‘District Forum’) has filed this appeal under Section 15 of the Consumer Protection Act, 1986 (for short the ‘Act’).

2. The facts giving rise to this appeal are thus that the complainant carries on business of sale of goods and medicine items at Jawahar Market, Itarsi in the name and style as “M/s. Kohli General Store”. In Jawahar Market he had two shops, shop No. 49 and shop No. 50. In between the shops there is a brick wall. The two shops had two separate shutters. The actual sales are organised in shop No. 49 from the counter existing in the shop while shop No. 50 is used as godown to keep the stocks only. The appellant took a Shopkeepers’ Insurance No. 4845010302345 covering the fire and perils, burglary and house breaking money and baggage insurance commencing from to 16.2.1993 which was issued after acceptance proposal form-cum-schedule attached to part of the policy. In the column of recitals insured description against the name of proposer in full and ful