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2017 Supreme(Online)(NCDRC) 703

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AJIT BHARIHOKE, PRESIDING MEMBER, MR. ANUP K THAKUR, MEMBER
RATNAGIRI GAS POWER PVT. LTD. – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sukumar Pattjoshi, Mr. Avinash Menon
For the Respondents: Mr. Joy Basu, Mr. Yogesh Malhotra

Table of Content
1. insurance policy initiation. (Para 1 , 2 , 3 , 4)
2. claim for machinery breakdown. (Para 10 , 12 , 14)
3. consumer status under the act. (Para 15 , 16)
4. contractual obligations and exclusions. (Para 19 , 22 , 28)
5. final determination of the court. (Para 20 , 26 , 27)

ORDER

JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

The complainant Ratnagiri Gas & Power Pvt. Ltd. was registered under the Companies Act, 1956 on 8.7.2005. The company was established as a special purpose vehicle to take over the generating station and related assets owned by Dabhol Power Company Ltd., a private ltd. company promoted and established by the erstwhile Enron group.

2. The complainant company was desirous of taking industrial all risk policy including the insurance cover for the loss of profit (LOP) for power block II of the power plant of Ratnagiri project commencing from 20.5.2007. For the above-noted purpose, the complainant, vide request for quotation dated 21.3.2007, invited competitive quotations from the various insurance companies including the opposite party National Insurance Co. Ltd.

3. The above-noted request for quotation sent to the opposite party and the other insurance companies

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