ORDER

JUSTICE A. P. SAHI, PRESIDENT

1. This complaint has been filed by a Cold Storage alleging deficiency in service against the Insurance Company, the OP herein for not having entertained the claim of the complainant for losses suffered that were liable to be indemnified under the policies acquired from the OP.

2. The chronology of events, in close proximity of the acquisition of the policy, and the alleged occurrence of losses deserves to be accounted for at the outset.

3. The complainant admittedly established a cold storage in the district of Shahjahanpur, U.P. and entered into a contract with one M/s. Cool Tech Industries to install the machinery and launch the operation of the air cooling system of the plant that had been constructed for the purpose of the storage of potatoes. According to the complainant, the cold storage at its commencement had received 108000 bags of potatoes from farmers. The cold storage was financed by the State Bank of India with a term loan of Rs. 3.5 Crores and a further loan limit of Rs. 80 lakhs that was sanctioned for the purchase of machineries and other infrastructures to run the cold storage.

4. To secure the assets, the complainant had acquired 5