Heard Mr. GP Bhowmik, learned counsel for appellant and Mr. S. Mitra, learned counsel for opposite party Nos 1 and 2. The learned District Forum at Tinsukia in CP Case No.22 of 1993 found that there was no deficiency in service on the part of the insurance company. We find that this finding of the District Forum is not correct. So, we set aside this finding. But that does not allow Mr. Bhowmik, learned counsel to cross the hurdle, inasmuch as there was absolutely no evidence regarding the loss suffered by the appellant because of theft though the theft is proved from the final report submitted by the police authority as well as from the report of the Surveyor. Even the Surveyor in his report did not indicate anything regarding the loss. Nothing was produced before us to prove the amount of loss suffered by him because of the theft. An affidavit has been filed before the learned District Forum which is available at page 82 of the record^ We looked to that affidavit and that affidavit also does not show anything a regarding the loss. Only in para 6 it has been stated that they are entitled to Rs.32,159 and Rs.7,700 as the costs. There is no evidence with regard to the loss and also there is no particulars to that effect. In para 7 it has been stated that they have filed necessary documents before the District Forum at the time of filing the complaint it support of their case, but these documents have not been marked and/or mentioned in the affidavit. On such a vague affidavit, no relief can be given. Against this affidavit-in-opposition has been filed by the insurance company wherein it was stated that it was necessary on the part of the insurer to maintain record such as Stock Register. Books of A/c etc but nothing was produced before the District Forum to substantiate the claim of the claimant. 2. In view of that matter, we do not find any merit in this appeal and accordingly the appeal shall stand dismissed in its entirety. However, at this stage Mr. Bhowmik, learned counsel prays that the matter may be remitted back to the District Forum directing the District Forum to give the appellant herein an opportunity to adduce evidence. 2. In view of that matter, we do not find any merit in this appeal and accordingly the appeal shall stand dismissed in its entirety. However, at this stage Mr. Bhowmik, learned counsel prays that the matter may be remitted back to the District Forum directing the District Forum to give the appellant herein an opportunity to adduce evidence. We do not find any justification in that prayer because if a man does not pursue the proper remedy at proper time, he must suffer for it.