Complainant/petitioner got his house including the household articles, i.e., TV, refrigerator, etc. insured with the respondent insurance company for a total sum of Rs.2,12,000/-.  Riots broke out in Ahmedabad on 28.2.2002 and the house of the complainant allegedly was set on fire.  Petitioner lodged FIR in the Police Station and also informed the respondent about the incident.  Respondent appointed surveyor on 14.5.2002 to assess the loss.  According to the petitioner, the loss was to the tune of Rs.1,47,250/-.  The surveyor assessed the loss at Rs.9,353/-.  Petitioner, being aggrieved, filed the complaint before the District Forum.

          District Forum dismissed the complaint.  Respondent was directed to pay the sum of Rs.9,353/- to the petitioner.

          Not satisfied with the order passed by the District Forum, petitioner filed appeal before the State Commission.  State Commission did not admit the appeal and dismissed the same by passing the following order :

“Heard the learned advocate for the appellant at length.  Perused impugned order.  Even at this stage there is not evidence to controvert suveyor’s report which is an important and valuable document.  Chargesheet, photographs and FIR would not provide evidence regarding quantum of loss.  Hence, in the facts of the case, this appeal is not admitted.  Disposed of accordingly.”

State Commission is the final court of fact.  State Commission should have examined the entire case and then recorded its finding based on the evidence present on record.  The order of the State Commission is a non-speaking order.  Counsel for the respondent fairly states that she is unable to support the order passed by the State Commission.  She prays that the impugned order be set aside and the case be remitted back to the State Commission to decide it afresh in accordance with law.

The order passed by the State Commission, being a cryptic and non-speaking order, is set aside and the case is remitted back to the State Commission to decide the appeal afresh in accordance with law.  All contentions are left open.

Parties, through their counsel, are directed to appear before the State Commission on 26.5.2011.

Since this is an old matter, we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of 4 months from the date of first appearance of the parties.