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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AVM J. RAJENDRA, PRESIDING MEMBER, Mr. Anoop Kumar Mendiratta, MEMBER
M/s Jyoti Limited – Appellant
Versus
M/s United India Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. insurance claim for flood damages. (Para 1 , 2 , 3) |
| 2. assessment of claim based on surveyor's findings. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's affirmation of liability based on correct assessment. (Para 17) |
ORDER
1. In brief, as per the case of the complainant, Khodashi Power Pvt. Ltd. was setting up a ‘grid connected run-of-the-river 2x2.45 MW Hydro electric power plant’, on build operate and transfer basis in Khodashi village, Karad Taluk, Satara District, Maharastra, India. Khodashi Power Pvt. Ltd. awarded contract for supply, erection, testing and commissioning of complete mechanical and electrical package of the said project to the complainant company (M/s Jyoti Limited). The work of the project was commenced at site in November, 2011 and the project was scheduled to be commissioned by mid-October, 2012. Complainant took a ‘Storage-cum-Erection Insurance Policy’ for the period 29.11.2011 to 28.11.2012, for insured sum of Rs.10,49,62,673.20 from the opposite party (United India Insurance Co. Ltd.).
2. It is further the case of the complainant that in the last week of July, 2012 due to heavy rainfall in the catchment area of river Krishna, water ru
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