ORDER

Heard Mr. Sukumar Pattjoshi, Senior Advocate, assisted by Mr. Virender Mehta, Advocate, for the complainant and Mr. Abhishek Kumar, Advocate, for the opposite parties.

2. M/s. Bird Information System Private Limited has filed above complaint for directing M/s. National Insurance Company Limited to pay Rs.66170000/- with interest @ 18% per annum, from 22.09.2006 till its payment i.e. the insurance claim and any other relief, which is deemed fit and proper, in the facts and circumstances of the case.

3. The facts, as stated in the complaint and emerged from the documents attached with the complaint, are as follows:-

(a) The complainant was a company, registered on 19.05.1999, under the Companies Act, 1956. Main objects of the company were (i) to act as consultants, advisor to airlines, travel agents and to supply infrastructure, technology and marketing global image to travel agents, (ii) to operate, establish and manage the activities of BPO delivery centres, network operation centres, telemarketing, call centres, consumer services, information technology enabled services including consultancy, training, design, development, sales, support, analysis, programming, implementation, operations as well as setting up sales, purchase, franchise representation and acquisition of training centres, call centres, software development centres, customer service centres for international and domestic customers. (iii) to operate, establish and manage data collection, data entry, data processing, data compilation in the form of electronics & print, IT programming inclusive of all types of database activities from database design, database development, data storage, data migration, data mining, data warehousing etc.

(b) M/s. National Insurance Company Limited (the opposite party) is a public sector company and provides various types of insurance services. The complainant entered into an agreement dated 03.07.2006 with Opodo Limited, Waterfront Hammersmith Embankment Chancellor Road, London, W6 9RU, United Kingdom, for providing online services including data encoding and input services, for the period of 01.04.2006 to 31.03.2009. In order to protect itself from any loss under the said agreement with Opodo Ltd., the complainant necessitated for an insurance policy. The complainant wrote a letter dated 03.09.2006 to Divisional Office, Muzaffarnagar of the Insurer, seeking an insurance cover for (i) Comprehensive General Liability Insurance (including premises, product and completed operations, contractual liability and personal injury coverage), covering all services performed by the handling company under this agreement. Such coverage should be in an amount of not less than US$1000000/-. Bodily injury and property damage combined. (ii) Workers Compensation-Statutory limits and (iii) A fidelity bond with a minimum limit of not less than US$1000000/-, specifically covering the services performed by the handling company under this agreement. Thereafter Mr. M.M.S. Beg (opposite party-2) visited the office of the complainant at E-9, Connaught House on 22.09.2006 and examined the agreement dated 03.07.2006 arrived between the complainant and M/s. Opoda Limited and suggested that the complainant need “Computer Services and Software Developers Professional Liability Policy” in terms of the agreement dated 03.07.2006. Mr. M.M.S. Beg provided a proposal form of this policy. Said proposal form was got filled up by the Director of the complainant, under his supervision on 22.09.2006. He collected the proposal form on 22.09.2006. As asked by Mr. M.M.S. Beg, a copy of Proposal Form was also sent to Reginal Office, Dehradun through fax on 22.09.2006. After submission of Proposal Form, the complainant deposited cheque of Rs.370312/- of the premium and Mr. M.M.S. Beg issued Cover Note No. G-40-230248 dated 27.09.2006.

(c) Cover Note mentioned “Comprehensive General Liability Insurance (including premises, products & completed operations, contractual lia