ORDER

JUSTICE A.P. SAHI, PRESIDENT

1. The Complainant is a pulp and paper manufacturing mill located in Saharanpur, U.P. The present Complaint has been filed alleging deficiency in service against the United India Insurance Co. Ltd. after it repudiated the claim of the Complainant vide letter dated 26.09.2011 in respect of a demand for indemnification resulting from a loss in production due to an accidental fire on 30.04.2009 thereby causing loss of profit that was insured under a Loss for Profit (Fire) Policy. The claim in the present complaint is for the loss of profits to the mill due to non-production or very low production as the mill had to practically face a shut down for almost 3 months.

2. The machinery, equipments, stocks and the other property were insured through a separate policy with the National Insurance Co. The damage suffered on that count was indemnified and the claim in respect thereof was settled by that company followed by a payment of Rs. 1,05,002/- for the loss of 40 MT of Wooden chips and Rs. 17,85,715/- for other properties evidenced by two cheques dated 31.03.2011 and 05.05.2011 respectively filed as Annexure C-18 to the complaint. The averment to that effec