JUDGMENT

A.K. MATHUR, J.—

1.This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as ‘the Commission’) whereby the Commission has allowed the claim of the respondent to the tune of Rs. 4,94,22,000/- and directed the appellant Insurance Company to pay the said amount with interest at the rate of 9 % per annum from the date after two months of the survey report by the Apex Surveyors Pvt. Ltd. i.e. from 1.3.1995 till its payment. Aggrieved against this order of the Commission, the present appeal has been filed by the appellant- Insurance Company.

2.Brief facts which are necessary for disposal of this appeal are that the claimant-respondent is engaged in import of sugar and other items and in connection with import of 12,000 metric tons of sugar from China to Calcutta the respondent had taken an insurance policy for which cover note dated 9.6.1994 and policy was valid from 23.9.1994 i.e. from the date of issue. The policy was further extended by endorsement dated 28.9.1994 for up-country destinations in India. It was alleged that after taking delivery of sugar, the bags could not be transport