ORDER :

Mr. Justice Rakesh Saksena, President-Appellant has filed this appeal against the order dated 18.11.2013 passed by District Forum, Chhatarpur in case No. 137/2012,

2. In short, facts of the case are that appellant was owner and in possession of Archna Warehouse. He had obtained a burglary policy for Rs. 5 lacs from respondent in respect of the warehouse for the period 23.3.2007 to 22.7.2007. The warehouse was financed by Madhya Bharat Gramin Bank, Chandranagar. It is alleged that during the intervening night between 6th and 7th June, 2007 some unknown miscreants after tying the watchman of the warehouse committed theft of 100 quintals of gram and 50 quintals of black Urad. A report in this regard was lodged with the police on 7.6.2007. Police registered a case under Sections 458 and 387, IPC.

3. According to the appellant he gave intimation of the said theft to insurance agent and branch office of the respondent/company orally and also on phone. Though he suffered loss of Rs. 1.50 lacs, but nothing was paid by the Insurance Company. Since the conduct of respondent amounted to deficiency in service, he filed a complaint in the Forum on 2.9.2008. This complaint was registered as