ORDER

Leave granted

2. We have heard learned Counsels for the parties.

3. Feeling aggrieved by the order dated 25.8.1999 of the State Consumer Disputes Redressal Commission, Maharashtra in complaint No. C/228/1997 directing the appellant to pay a sum of Rs. 5,38,500/- with interest at the rate of 15% with effect from 1.4.1996 till the date of payment, the appellant National Insurance Co. Limited filed first appeal No. 59 of 2000 under Section 21 of the Consumer Protection Act, 1986 before the National Consumer Disputes Redressal Commission. The said appeal was summarily dismissed by a cryptic and unreasoned order which reads as follows :

"Delay condoned.

We have gone through the records of the case. We are disinclined to interfere with the order passed by the State Commission. The appeal is dismissed."

4. Hence this appeal.

5. In the order passed on 18th September, 2000 this Court while issuing notice to the respondent took note of the contention raised by the learned Counsel of the appellant that under the proviso to Section 64UM of the Insurance Act, 1938 it is open to the Insurance Company to dispute the correctness of the estimates of loss as made by the Surveyor and that the State C