V.K. Jain, Presiding Member—The case of the complainant, as set out in the complaint is that its bank took two insurance policies, one bearing No.130500/44/02/30073 and the other bearing No.130500/44/03/30003, for the loss or defect of machinery and for deterioration of stock, on behalf of the complainant. It is alleged that on 14.8.2003, the temperature in the cold storage of the complainant increased due to leakage of Ammonia Gas because of crack in the Gasket. A claim was lodged by the complainant with the insurer on 27.8.2003 alleging therein that the stock was damaged on account of irregularity of power supply and mechanical fault in the DG set. One Samiran Ghosh was appointed as surveyor and loss assessor to visit the cold storage and conduct a survey. He served a letter dated 12.9.2003, informing the complainant that the claim which he had lodged for damage due to irregularity of power supply and mechanical fault, was not covered by the policy terms and conditions since the temperature in each chamber was in normal condition as per the logbook and hence damage was not due to irregularity of power supply / breakdown of DG set. The complainant was advised to withdraw the