Prabir Kumar Samanta, President—This miscellaneous application being MA 135/2009 has been filed by the complainant in the complaint case No CC/09/2009 for condonation of delay if any in filing the above complaint case before this State Commission.

2. The complainant/petitioner has filed the present complaint alleging deficiency in service by the OPs in not paying the lawful claim of the complainant under the policy of insurance issued by the OP1.

3. The complainant took out one Deterioration of Stock (Potatoes) in Cold Storage Insurance Policy from the OP1 for the assured sum of Rs.4,09,58,190 for the period from 26.3.2004 to the midnight of 25.3.2005. It has been alleged that there was bursting of bunker coil (pipe) in chamber one of the said cold storage causing spreading out of ammonia gas for which the stocked potatoes were totally damaged. After the occurrence of the said accident in the cold storage a surveyor was appointed by the OPs for assessment in its turn prepared a statement of loss suffered by him and ultimately the complainant raised its claim the OPs to the tune of Rs. 72,13,203. It has been clearly stated in the complaint petition that the OP1 by its letter date