S.A. Shah, President - The short facts of the case are that the complainant had taken fire policy for the goods lying in the open compound of the Ambica Cotton Ginning & Pressing - Factory at Dholka. There was a fire on 25th April 1991 and the goods of the complainant and other merchants have been destroyed.

2. That there is no dispute that the goods of the complainant were got insured with the opposite party. There is also no dispute that fire took place on 25.4.1991. That the surveyor had visited the local place. He has called for the records and books of accounts from the Cotton Merchant and verified the same and with the consent which was given on 25/28 Sep. 1991 given a survey report dated 31.1.1991 fixing the damages at Rs. 363,800/-.

3. Curiously however, the payment has not been made till today even though the complaint has been filed by the complainant on 26.8.1992. Unfortunately, though there is an agreed amount, the Insurance Company has fairly not accepted the complaint and resisted the claim by filing written statement and that is how the complainant has remained without getting any amount from the Insurance Company.

4. Mr. Chudgar, the learned advocate appeari