This first appeal has been filed by the appellant M/s. Modern Jewellers against the order dated 28.08.2012 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short ‘the State Commission’) passed in Complaint Case No.CC/07/114.

2. Brief facts of the case are that the complainant is appellant herein and opposite party is respondent herein. During validity of a Jewellers’ Policy, the shop of the complainant was burgled and ornament worth Rs.42 lakh were stolen. FIR was lodged and, because the accused could not be traced, the case was closed. Opposite parties were informed of the incident immediately. Surveyor was appointed who submitted his report. However, the claim was repudiated by the Insurance Company on the ground of breach of policy condition namely 3(a) of the exclusion clause of the policy para 2. Being aggrieved, complaint was filed before the State Commission claiming total amount of Rs.49,82,058/-. The State Commission directed the opposite party to pay the complainant Rs.12,00,000/- together with interest @9% p.a. from the date of filing of complaint till realization. Undisputed facts are that the complainant subscribed to the insurance policy iss