Mr. Justice S.K. Dubey, President—This appeal is directed against the order dated 29.9.2001 passed in Case No. 337/1997 by the District Consumer Disputes Redressal Forum, Satna (for short the ‘District Forum’) whereby the complaint for deficiency in service in not making the payment of the claim of the Jeep bearing registration No. MP-19A-2719 comprehensively insured for the period 8.5.1997 to 7.5.1998 stolen in the intervening night of 11.5.1997 and 12.5.1997 was dismissed.

2. Facts giving rise to this appeal are thus : The appellant submitted a proposal to insure the vehicle on 8.5.1997 and deposited the premium. On acceptance of the proposal the policy was issued on 9.5.1997 (Annexure A-2). The vehicle was stolen in the night of 11.5.1997 and 12.5.1997 of which FIR was lodged on 16.5.1997 on which a case was registered at Crime No. 314/1997 under Section 379, I.P.C. by the Police Station Kotwali, Satna. The Insurance Company was intimated on phone on 12.5.1997. The claim was lodged with the Insurance Company on 16.5.1997 (Annexure A-5). The Police after investigation could not recover the Jeep nor could arrest the miscreants and filed a final report dated 3.10.1997