M.B. Shah, President — It is the say of the complainant that it has constructed a cold storage building having capacity to store 95,000 quintals of potatoes for which it has obtained cold storage licence from the Department of Horticulture and Food Utilisation under Uttar Pradesh (Regulation of Cold Storage) Act, 1976. It is stated that insurance policies covering perils for the cold storage, fire risk on the building and for machinery breakdown are being taken continuously since the year 1988.

It is submitted that before providing insurance coverage the chartered engineer/surveyors/loss assessor was engaged by the insurance company to make pre-acceptance inspection reports of the cold storage describing the nature of construction, description of chambers, description of installations plant and machinery available alongwith status of plant/machinery with their description. Co. of the report dated 12-4-1992 is pro-duced as annexure “D” in the complaint.

On 1-7-1992 one of the two com-pressors working in the cold storage stopped functioning; it was found to be damaged. The damage was reported to the insurance company for settlement. On the basis of the surveyors reports dated 1-7-