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15. I have heard Mr. G. Saikumar, learned Counsel appearing on behalf of the Complainant, Mr. Vishnu Mehra, learned Counsel appearing on behalf of the Opposite Parties, perused the material available on record and have given a thoughtful consideration to the various pleas raised by the Parties.

16. As far as Preliminary Objection regarding due to delayed intimation of the claim under Loss of Profit (hereinafter referred to as LOP) under Section II of the Policy, the Opposite Party were deprived of any opportunity to look into the claim of Loss of Business, is concerned, from the perusal of the record it is crystal clear that the intimation regarding Flood was given to the Opposite Party Insurance Company on the date of Flood, i.e., 18.07.2014 itself.  The Opposite Party Insurance Company appointed Surveyor on 18.07.2014 to assess the Material Damage.  LOP is the consequential damage to Material Damage and the LOP under Section II of the Policy was payable only if loss destruction or Damage is indemnifiable under Section I of the Policy.  The Opposite Party Insurance Company should also appoint Surveyor to assess the Loss of Profit at the time of appointing the Surveyor to assess the Material Damage on 18.07.2014.  Rather, on coming to know that the Surveyor has not been appointed by the Insurance Company to assess the LOP till 29.12.2014, despite asking for Letter of Requirement with respect to the LOP by the Complainant vide Emails dated 23.12.2014 and 29.12.2014, it was provided only on 24.11.2015, which itself speaks the conduct of the Opposite Parties that how much they were serious to assess the loss under LOP.  Secondly, the LOP is an intangible loss and its assessment is based on the account books and generation parameters.  It was the duty of the Opposite Party Insurance Company to inspect the account books and calculate generation parameters at any time, so the plea of the Opposite Party that they were deprived of any opportunity to look into the Claim of Loss of Profit (LOP), does not hold any water.  Reliance placed by the Opposite Party Insurance Company on the Judgment passed by the Hon'ble Supreme Court in the case of 'Sonell Clocks and Gifts Ltd vs. New India Assurance Co. Ltd.' (supra), does not help it since the facts in both the cases are different.