ORDER

1.      Heard Mr. Puneet Bajaj, Advocate, for the appellant and Mr. S.M. Tripathi, Advocate, for respondent-1.

2.        M/s. Kuntal Ice And Cold Storage (P) Limited (the complainant) has filed above appeal from the order of State Consumer Disputes Redressal Commission, Uttar Pradesh, dated 18.12.2013, passed in CC/140/2011, dismissing the complaint.

3.   M/s. Kuntal Ice And Cold Storage (P) Limited (the appellant) filed CC/140/2011, for directing respondent-1/Insurer to pay (i) Rs. 90/- lacs with interest at suitable rate, as the insurance claim, (ii) Rs.10000/- as compensation for harassment, (iii) Rs.3000/- as the cost of litigation; and (iv) any other relief, which is deemed fit and proper, in the facts and circumstances of the case.

4.      The facts, as stated in the complaint and emerged from the documents attached with the complaint, are as follows:-

(a) M/s. Kuntal Ice And Cold Storage (P) Limited (the Insured) was a private company, registered under the Companies Act, 1956 and engaged in the business of cold storage, situated at: Khasra No.831-832, Turkiya Nahar, Mauja Mangrol Jat, Achnera, Bharatpur Road, Kirawali, Agra, from the year 2009. The storage capacity of cold storage was 9300 matric ton i.e. 186000 bags of potatoes. Storage of potatoes used to be started from the month of February and clearance up to the month of October, of succeeding year.

(b)  M/s.Chola Mandalam General Insurance Company Ltd. (the respondent) was a Private Insurance Company and engaged in the business of providing different types of insurance services to the general public. The Insured obtained ‘Standard Fire and Special Perils Policy’  No.PSP00083530-000-00, with endorsement of Deterioration of stock clause, for a period of 25.05.2010 to 25.05.2011, for a sum of Rs.3.3/-crores on the stock of potatoes, Rs.28515000/- on Building and Rs.8374000/- on Plant & Machinery.

(c)   The Insured stored 174064 bags (weight of each bag was 50 kg.) of potatoes in the cold storage up to 22.03.2010. The clearance of the potatoes started from September, 2010 and up to 29.09.2010, total 105811 bags were cleared/taken away from the storage by its owners. It was noticed that in basement, stocks were badly decade and started germination. It is stated that after segregation of good potatoes from that stock, 14853 bags potatoes were sold in the market at the rate of Rs.65/- per bags and 53760 bags potatoes were completely deteriorated and dumped.    

(d)     The Insured through letter dated 16.11.2010, informed the Insured about deterioration of the potatoes. The Insurer appointed R.P. Rathore, Surveyor & Loss Assessor, Agra, for preliminary survey on 16.11.2010 and Ram Mohan Gupta, Surveyor & Loss Assessor, Gwalior as the surveyor on 01.12.2010. The surveyor R.P. Rathore, vide Letter No.RPR/6008/2010-11 dated 18.11.2010, informed that damage to the potatoes were caused due to non-maintenance of requisite temperature. In the same terms, he submitted his Preliminary Survey Report dated 18.12.2010. 

(e)     The surveyor Ram Mohan Gupta submitted Final Survey Report dated 15.12.2010, mentioning therein that seepage of water from basement and its inundation is not an insured peril. Hence the loss caused due to moisture, which got developed during the period of storing was not covered under the policy. He assessed the loss to Rs.11262478/-. Thereafter, the reports and papers were examined by the competent authority, who repudiated the claim vide letter dated 07.01.2011, on the ground that the loss occurred due to seepage, which was not an insured peril. Then this complaint was filed, claiming deficiency in service on the part of the Insurer.

5.      The Insurer filed its written reply on 27.05.2013 and contested the complaint. The fact of obtaining ‘Standard Fire and Special Perils Policy’  No.PSP00083530-000-00, with endorsement of Deterioration of stock clause for a period of 25.05.2010 to 25.05.2011 has not been disputed. It has been stated that as soon as the Insu