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2020 Supreme(Online)(NCDRC) 883

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
PREM NARAIN, PRESIDING MEMBER
M/S. BIHARI GANGA HYDRO POWER LTD. – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Jawahar Narang, Mr. Prashant
For the Respondents: Mr. K.K.Bhat

This consumer complaint has been filed by the complainant M/s. Birahi Ganga Hydro Power Ltd., against the opposite parties New India Assurance Company Ltd.

2. Brief facts of the case are that the complainant is engaged in the business of generation of power by utilizing the water, had 3 hydro power turbine units of 2.4 MW each at their station. Complainant has purchased an industrial all risk insurance policy for all turbines from the broker of OP to the tune of Rs.70 Crores as material damage & Rs.18 Crores for machinery loss of profit for the period from 11.7.2012 to 10.7.2013 which was issued on 26.7.2012. On 14.7.2012 project manager after hearing abnormal sound dismantled turbine no. 3 & found it damaged due to entry of foreign material. The same was informed to OP & surveyor investigated. Meanwhile, complainant sent the turbine for repair several times but the issue of rise in the temperature kept occurring. Surveyor appointed after prolonged discussion assessed the loss of gross profit of Rs.1,21,43,861/- after applying the rate of gross profit i.e. 89.338% on loss of turnover Rs.1,35,93,165/- & has assessed the net adjusted loss of Rs.81,32,998/-. During the pendency of repo

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