ORDER

R.C. Jain, Presiding Member - Challenge in this appeal is to the order dated 28.3.2006 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, the State Commission ) in SC Case No. 43/O/02. By the impugned order, the State Commission has virtually dismissed the complaint filed by the appellant/complainant by holding that the complainant failed to establish any deficiency in service on the part of the respondent, National Insurance Company Ltd. (hereinafter referred to as the Insurance Company ) in repudiating the insurance claim of the complainant in regard to the loss it sustained to the insured oil mill due to fire. The State Commission, however, upheld the stand of the Insurance Company that the latter was liable to pay only a sum of Rs. 5,78,400, as per the report of the last Surveyor.

2. We have heard Mr. Srijan Nayak along with Mr. Sanjoy Ghosh, learned Counsel representing the appellant, and Ms. Tanushree Dasgupta, learned Counsel representing the respondent (Insurance Company) and have given our thoughtful consideration to their submissions.

3. The consumer dispute raised in the present case related to the non-settlement of insurance cl