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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
M/s RAJRANI COLD STORAGE & ICE FACTORY – Appellant
Versus
M/s NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Petitioner: MR. CHARANJIT JAWA & MR. AJESH K. CHAWLA,
For the Respondent: MR. AMANDEEP SINGH

Judgement Key Points

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ORDER

PER MR SUBHASH CHANDRA, MEMBER

1.      This complaint under section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) has been filed seeking the settlement of claim filed with the opposite party with compensation alleging deficiency in service.

2.     The complainant has stated that he had obtained a certificate of stability for the building of the cold storage from a Chartered Engineer and Architect on 07.12.2009 prior to renewal of the licence of the cold storage for the period 01.01.2010 to 31.12.2010 under the UP Cold Storage Act, 1976 issued by the Licensing Authority (Cold Storage) & District Magistrate, Mahamayanagar (Hathras), UP. He had obtained 6 valid insurance policies including for Standard Fire & Special Perils (SPSP), Deterioration of Stock (Potatoes) and Plant and Machinery and has stated that these covered the building, plant and machinery and stocks. On 18.05.2010 around 9.30 pm the ammonia gas compressor exploded in the cold storage resulting in the death of one employee and the collapse of the building causing extensive damage to the potatoes stored in the cold storage. A claim was lodged with the opposite party for Rs.2,65,44,550/- comprising of

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