Ms. Rumnita Mittal, Member—The present appeal has been filed under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) assailing the order of the District Forum-II passed in Complaint Case No. 176/1994 entitled M/s. Harchand Rai Chandan Lal v. United India Insurance Co. Limited.

2. Briefly stated, the relevant facts are, the the respondent had insured stocks of food grain of every kind stored at his godown, situated at 48, Srinagar Colony, Bharat Nagar, New Delhi for a sum of Rs. 7,00,000/-. The said policy was in force from 22.9.1991 to 21.9.1992. The partner of the respondent on checking the said godown on 22.7.1992 discovered that 197 bags of ‘gwar’ were missing and as such lodged FIR No. 210/1992 under Section 380/457, I.P.C. with the Police Station, Sarai Rohilla, Delhi. Thereafter the respondent preferred a claim for the loss with the appellant who repudiated the claim of the respondent on the ground that the policy being a ‘burglary policy’, the incident in question was not covered under the same as there was no violent entry or exit into the premises and the case made out was only of theft of goods lying in the store. The appellant, th