We have heard the learned counsel for applicant – respondent and non applicant – complainant.   Vide order dated 15.01.2010, appeal was allowed and the complaint was remitted back to the State Commission for fresh consideration and decision after taking into account the report of pre insurance surveyor Mr. Sanjit Banerjee.  When the complaint was taken up for reconsideration by the State Commission in terms of our order, an application was moved on behalf of the opposite party – insurance company before the State Commission alleging therein that they are unable to produce the report of pre insurance surveyor Mr. Sanjit Banerjee as they do not possess the same, as it was destroyed in a devastating fire which broke out in the Regional Office of opposite party – insurance on 06.11.1998.  On that application, the State Commission passed the following order:

“Be that as it may, since the insurance company has been directed by the Hon’ble Commission to produce the said report before the State Commission for the purpose of disposal of complaint case afresh and further since the facts as stated herein had not been agitated before the Hon’ble National Commission while the aforesaid appeal was sent back on remand to the State Commission, we are of the view that it would be appropriate for the insurance company to approach the Hon’ble National Commission for clarification and / or for appropriate direction in this regard by the Hon’ble National Commission.  With this observation the aforesaid MA is disposed of.  The O.P- insurance company is accordingly directed to take appropriate steps in this regard within a period of two months from this date.  The matter be placed on 10.12.2010 for report”.

          It is in this way, insurance company has filed the present application.  Having considered the matter and the above mentioned circumstances, we can simply observe that if the insurance company is unable to produce the report of pre insurance surveyor owing to the above said reason of fire in their office, it would be for the State Commission to take into account all the relevant circumstances and material obtaining on record and take such view in the matter as it may deem proper and decide the complaint in accordance with law.