Virender Singh, J—Oriental Insurance Company Limited (hereinafter to be referred to as the appellant), being aggrieved of order/award dated 6.1.2003 passed by J&K State Consumer Protection Commission, Jammu (hereinafter to be referred to as State Commission whereby directing the appellant to pay Rs.4,97,247 with 9% interest to the respondent (hereinafter to be referred to as complainant) has preferred the instant appeal, which already stands admitted after condoning the delay. Execution of the award stands stayed during the pendency of the appeal and a sum of Rs. l,45,175 has also been released in favour of the complainant.

2. Flashback of the facts, in brief, is that the complainant being a migrant from Kashmir had got his residential building situate at Fatehpora, Bungam, District Anantnag (Kashmir) insured with the appellant for an amount of Rs.6,00,000. It was gutted in fire by the militants on the night intervening 2nd/ 3rd of August, 1999. An information was lodged with the concerned police about the incident, upon which, a formal FIR was registered under Section 436 R.P .C. with Police Station Anantnag. The complainant raised the claim with the appellant, upon which