N.K. Jain, President — This comp-laint under Section 17 of the Consumer Protection Act, 1986 is filed by the insured a proprietorship firm and is directed against repudiation of its claim by the opposite party-insurer, the New India Assurance Company Ltd. preferred under a miscellaneous accident insu-rance policy taken out by the former from the latter for a sum of Rs. 3,00,000/- in respect of stock of all kinds of medicines stored by the complainant in connection with his business of sale and purchase of medicines.

2. It is no more in dispute that fire had broken out during continuance of the policy in the go-down of the complainant situated at Bus Stand Panna and the entire stock of medicines was destroyed. The surveyor appointed by the opposite party-insurer confirmed the loss by

fire and assessed the net loss at Rs. 6,80,345/-. However, the claim was repu-diated solely on the ground that the insu-red had not obtained insurance coverage for the said godown but only for his shop and the claim, therefore, did not fall within the coverage of the policy.

3. Evidence has been adduced by both the parties. While the effort on the part of the complainant has been to show that the sho