Heard learned counsel on behalf of both parties.

     2. This appeal has been filed U/S-15 of Consumer protection Act 1986(Herein after called the Act) against impugned order passed by Learned District C.D.R, Commission, Cuttack. The parties are referred in complaint case may be read as same in this appeal for convenience.

  3.        The case of the complainant in nut-shell is that the Complainant has insured the vehicle with O.P on payment of due consideration covering period from 04-07-2015 to 03-07-2016. It is alleged that on 11-11-2015 while the vehicle was standing at Goutamnagar Bidyadharpur, Cuttack it suddenly caught fire and vehicle was damaged. Thereafter, the claim was made but it was not settled. Hence, the complaint was filed.

4.         The O.Ps filed written version stating that insurance compensation have been settled for amount of Rs.1,10,000/- but the complainant did not receive the same Therefore, there is no deficiency in service on the part of them.

5.            After hearing both parties Learned District forum has passed following orders as follows:

        “The consumer complaint filed by the complainant be and the same is allowed on contest against the O.ps. They are directed to pay Rs. 1,60,000/- to the complainant towards his insurance claim together with compensation of Rs. 20,000/- and litigation cost of Rs. 10,000/- to him. This order shall be given effect to within a period of 30 days from the date of receiving a copy of this order

6.      During argument , both parties submitted that the O.P is ready to pay Rs. 1, 60,000/- to the complainant but the complainant did not agree to receive and submitted to consider towards payment of compensation and cost . Learned counsel for the complainant submitted that he is not willing to spare compensation and cost.

7.      As available material on record and the pleadings there is claim made for the accident by fire but matter has been settled. Since the matter has been settled, there is no deficiency in service on the part of O.P. As per compensation concerned O.P is ready to pay Rs. 1,60,000/-  to the complainant . In such circumstances, we do not impose the any other compensation and cost because when insurance compensation is settled in higher side, other compensation with cost are accordingly not desirable to be ordered. We thus   confirm the impugned order but  modify operative portion   of impugned order by directing the O.P to pay Rs. 1,60,000/- to the complainant within 45 days from today failing which entire order will be revived.

8.            Appeal is disposed of accordingly .No cost. 

9.         Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

               DFR be sent back forthwith.