4. In support of his version complainant has produced in evidence affidavits Ex.C1 and Ex.C2.<br /> 5. On the other hand opposite party No.1 produced in evidence documents ex.R1 to R11. whereas opposite party No.2 has centered in evidence affidavit Ex.OP2/A and document Ex.OP2/1.<br /> 6. Counsel for opposite party No.2 has raised objections that there is no privity of contract between complainant and opposite party No.2. That alleged loss is not covered under the policy.. That there is misjoinder of causes of action and as such complaint is not maintainable. He has further argued that PROBE attached on the scanner unit was stolen by Tajinder Pal Singh an employee of the complainant at the business place and burglary policy Ex.OP2/1 issued to the insured, complainant is not covered within the provisions of theft committed by his staff member. He has further argued that complainant never requested for the claim of his loss of PROBE by his employee if any.. As such complainant is not entitled to any compensation to this effect from opposite party NO.2.<br /> 7. Opposite party NO.2 controverted the allegations of the complainant and resisted his claim. Certain objections have been raised that since no burglary took place as defined under the term burglary and as such complaint is not maintainable. That the policy does not cover loss or damage by any member of the business staff. No cause of action accrued to the complainant against opposite party NO.2.. There is no deficiency in service on the part of opposite party NO.2 so as to entitle the complainant to any claim.<br /> 8. We have considered rival contentions of counsel for the parties. We do not find merit in the contentions raised by learned counsel for the opposite parties and find substance in the contentions of learned counsel for the complainant.<br /> 9. Complainant is prop. of BBS Scanning & Diagnostic Centre and has installed Ultrasound scanner Model LOGIQ-50 for earning livelihood. As far as question of using the facility of machine for commercial purpose is concerned, Complainant however purchased the machinery from Health Care System Pvt. Ltd. Chandigarh on 19/8/2004 for Rs.3,08,000/- after availing loan facility from opposite party NO.1 ( PKF Finance Ltd. ) as per the record, loan agreement executed between both the parties ( i.e. between the complainant and PKF Finance Ltd.) dated 16/8/2004 Ex.R2. The machinery was hypotheticated with opposite party No.1 who has the lien over the Scanner till the entire borrowed amount is paid and vide Ex.OP-2/1 the burglary policy was purchased by PKF finance account Dr.Kuldeep Singh Prop. of BBS Scanning & Diagnostic Centre valid from 19/8/2005 to 13/8/2006 ON MACHINERY OF DIAGNOSTIC CENTRE ULTRASOUND SCAN, ECG, EEF, X-RAY WITH ITS ACCESSORIES WHICH IS LYING AND OR INSTALLED IN THE PREMISES OF THE INSURED OF A CLASS CONST. having total sum insured for Rs.5,40,000/- with total premium of Rs. 1785/-.We feel that the insured under these circumstances is fully entitled to have the claim regarding loss occurred on account of forcible removal of PROBE under question.<br /> 10. In addition to the above we have considered second part of grievance of complainant that he got financed his Tata Indica car PB 32D 9194 from opposite party NO.1 (i.e. PKF Finance) on 17/12/2007 and paid back whole of the balance loan amounti of Rs.1,20,000/- with proper receipt upto 3/12/2007 and nothing is due against the complainant so far as this vehicle loan is concerned.<br /> In the ultimate analysis of aforesaid discussion, we accept the complaint and direct the opposite party No.1 to release NOC to the complainant. We further direct opposite party No.2 to pay Rs.1,50,000/- to insured on account of loss suffered relating to theft of PROBE from the scanner. We further direct opposite parties No.1 and 2 to pay monetary compensation of Rs.3000/- the cost of litigation to the extent of Rs.2000/- each within period of one month from the receipt of copy of order.<br /> <br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> <br /> Announced : ( Shashi Narang ) (Gulshan Prashar ) (Paramjit Singh )15.12.2008 Members President.