Mr. Justice M.K. Basu, President—This appeal is directed against the judgment and order dated 27.2.2002 passed by the North 24 Pgs. District Consumer Forum in DFC No. 164/2001 under which the Forum dismissed the complaint on contest without cost against the O.P. Nos. 4 and 5 and ex parte without cost against O.P. Nos. 1, 2 and 3 i.e.,. The Oriental Insurance Co. and its Managers. Being aggrieved thereby the complainant has preferred this appeal challenging the order as erroneous, illegal and unsustainable.

2. The relevant facts of the complainant’s case were that he took a policy from the O.P. Nos. 1, 2 and 3 with regard to his construction materials pertaining to the work of storage and erection in connection with drawing electrical overhead line at Kuthi Para (Gobordanga) from the West Bengal State Electricity Board (O.P. Nos. 4 and 5). As per the contract of insurance which covered storage cum erection he lodged a claim before the Insurance Company (O.P. Nos. 1, 2 and 3) when his materials kept in a godown at Haichel Nagar were stolen away. The Insurance Company repudiated the claim on the ground that it was not covered under the terms of the Policy which was in respect of s