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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
| Table of Content |
|---|
| 1. consumer alleges wrongful repudiation of insurance claims affecting business. (Para 2 , 4) |
| 2. insurance company contended that breakdown due to design defects, claims not payable. (Para 3 , 6 , 10) |
| 3. claim denial and surveyor's report discrepancies. (Para 5) |
| 4. court's interpretation of insurance policy coverage. (Para 11) |
| 5. court indicates interpretations of policy favoring insured's claims. (Para 12 , 14 , 15 , 26) |
| 6. final decision on indemnity for loss of profit. (Para 24) |
| 7. claims for business interruption granted, resolution provided. (Para 27 , 28) |
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
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