ORDER

This is a complaint under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short, ‘the Act’) alleging deficiency in service in the repudiation of the claim filed under a Special Contingency Insurance Policy (SCIP) obtained by the complainant from the opposite party in respect of a mini hydel supply project operated by the complainant.

2. In brief, the facts of the case are that the complainant was operating a mini hydel power project at Kabini Dam Site in Beechanahalli, H.D. Kote Taluk, Mysore District, Karnataka with an installed capacity of 20 MW for which purpose it had entered into a Power Purchase Agreement with the Karnataka Power Transmission Corporation Ltd. on 28.08.2001. The project was based upon supply of water from the Kabini Dam. The complainant was offered a tailor made Special Contingency Insurance Policy covering all risks of failure of hydrology resulting or incurred due to failure of monsoon or deficit rainfall or non-availability of required quantum of water for power generation of Rs.10 crores at a premium of Rs.9,72,000/-. This Policy No. 072200/46/03/00052 dated 23.09.2003 covered a period from 12.09.2003 to 11.09.2004. The policy was renewed