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K.S.GUPTA, RAJYALAKSHMI RAO
Sarbjit Singh Storage – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Counsel for the parties :
For the Complainant :Shri Atul Kumar, Advocate.
For the Opposite Parties :Shri Kishore Rawat, Advocate.

ORDER

K.S. Gupta, Member — Complaint was filed, inter alia, alleging that complainant, a partnership firm sent a proposal for insurance of Deterioration of Stocks of potatoes (for short D.O.S.); machinery and building of cold storage on 31-3-1997 to the opposite party. Premium of Rs. 65,702/- for D.O.S. for the period from 31-3-1997 to 30-10-1997 and of Rs. 62,669/- for machinery and building for the period from 31-3-1997 to 30-3-1998 was paid through a cheque for which receipt dated 31-3-1997 was issued by the opposite party. It was further alleged that opposite party sent a letter dated 29-4-1997 stating that it was unable to accept the proposal for D.O.S. In that letter, it was also mentioned that inspection of cold storage was done on 27-3-1997, 14-2-1997 and 25-4-1997 by M/s. S.P. Singh & Associates who found that temperature of the chambers of cold storage was not maintained upto the desired level. Opposite party sent the said letter to the complainant on the address of Balhia while the complainant had given the address of Dahiya, Dhanbad where its Head Office is located. Complainant came to know about the said letter only on 10-9-1997. It was claimed that complainant had been













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