R.K. Batta, Presiding Member—These two revisions arise out of the same order and as such, were heard together and are being disposed by a common order.

The complainant Sri T.S. Vevekananda Kumar, Prop. M/s. Srikanteshwara Jewelers has taken Insurance policy covering jewellery, gold and silver ornaments etc. for a sum of Rs.12,00,000. During the currency of the policy, theft took place in the business premises on 28.8.2003 at about 2 a.m. Report of theft was lodged with the police. The loss was assessed by surveyor, S. Upendra. However, claim filed by the complainant was repudiated by the Insurance Company. The complainant challenged the repudiation before the District Forum.

3. Admittedly, jewellery, which was stolen, had been kept in the glass show case and drawer of the shop. The jewellery kept in the safe locker was not stolen. The complainant had taken the plea that he had converted the entire shop into a burglar proof shop inasmuch as collapsible gates and rolling shutters were provided with locks. The Insurance Co. had relied upon the warranty in the policy, as also exclusion Clause No.12 of the Insurance Policy. The District Forum as also the State Commission had acce