ORDER

PER SUBHASH CHANDRA

1. The Appellant is before us in this First Appeal in challenge to the order dated 10.09.2021 of the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (for short “State Commission”) in Complaint No.315/2017 under Section 51 of the Consumer Protection Act, 2019 (“Act”) directing Appellant herein to pay the Respondent 50,40,096/- towards the insurance claim under a Fire and Special Perils Policy with interest @ 7% from 16.07.2013 till realization with 50,000/- towards damages and 20,000/- as litigation costs within 60 days or with interest @ 12% p.a.

2. For the reasons stated in the IA for the condonation of delay, the delay of 83 days in the filing of the Appeal was condoned in the interest of justice.

3. We have heard the learned Counsel for the parties and perused the records carefully.

4. The brief conspectus of facts is that the Appellant issued a Fire and Special Perils Policy on 01.05.2013 for the stock of De-Oiled Rice Brawn (DORB) on the premises of the Respondent. A fire was reported to have occurred by the Respondents on 16.07.2013 at 8.30 am. Appellant deputed a surveyor, Yogendra Kumar who, after inspection submitted a report on 2