Mr. SHANTANU KUMAR DASH, PRESIDENT

                         The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Concerned Authority, IFFCO-TOKIO General Insurance Co. Ltd., Sahadevkhunta, Balasore, O.P No.2 is the Concerned Authority, IFFCO-TOKIO General Insurance Co. Ltd., IFFCO Sadan, New Delhi and O.P No.3 is the Concerned Authority, TATA MOTOR Finance Ltd., Januganj, Balasore.

                    1. Factual matrix of the dispute is that the Complainant had purchased one Tata Indigo ECS LX TDI car Vide Regd. No.OR-01V-2691 on hire-purchase basis with O.P No.3 and insured his above said vehicle with O.P No.1 and 2 for the period from 09.06.2012 to 08.06.2013 for Rs.5,51,104/- (Rupees Five Lacs fifty one thousand one hundred four only). But, the above said vehicle met an accident on 15.04.2013 at about 4.45 P.M near Sinthi More under Baranagar P.S (W.B). As such the vehicle was fully damaged, F.I.R was lodged at Baranagar P.S and accordingly P.S Case No.216/13, dt.15.04.2013 was registered. The Complainant filed the claim form before the O.P No.1 and 2-Insurance Company and thereby, the surveyor for O.P No.1 and 2 advised the Complainant to repair the vehicle with the authorized dealer and submit the documents in order to settle the claim and accordingly, the Complainant submitted all required documents within the stipulated period. The authority of the workshop reported the vehicle is fully damaged, which the Complainant informed to O.P No.1 and 2-Insurance Company. Lastly, the O.P No.1 and 2 settled the claim of the Complainant for Rs.1,90,000/- (Rupees One Lakh Ninety thousand only) on 21.02.2014 and deposited the said amount before O.P No.3 vide Draft No.181714, dt.17.02.2014, which is totally absurd and inadequate to actual claim of the Complainant, where the insurance cover of the vehicle is Rs.5,51,104/- (Rupees Five Lacs fifty one thousand one hundred four only) and the vehicle is totally damaged, thus the O.P No.1 and 2-Insurance Company in order to defraud the Complainant settled the claim violating the principle of Law and natural justice. The prayer of the Complainant is for payment of Rs.3,61,104/- (Rupees Three Lacs sixty one thousand one hundred four only) towards rest insured amount along with compensation for harassment and litigation cost.

                    2. The O.Ps are set ex-parte in this case.

                    3. In view of the above averments of the Complainant to substantiate his claim, he has filed certain documents in his support. Perused the same. According to the Policy particulars, the Insured declared value is of Rs.5,51,104/- (Rupees Five Lacs fifty one thousand one hundred four only) and after settlement of claim of the Complainant, payment of Rs.1,90,000/- (Rupees One Lakh Ninety thousand only) was made by the O.Ps. Though the vehicle was fully damaged, there is no material in this case record to show that under what circumstances, the settlement is for Rs.1,90,000/- (Rupees One Lakh Ninety thousand only) instead of Rs.5,51,104/- (Rupees Five Lacs fifty one thousand one hundred four only). The entire materials placed by the Complainant remained uncontroverted as O.Ps are set ex-parte and did not contest in this case for the reason best known to them as mentioned earlier.

                    4. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that the Complainant is entitled to get the rest of claim amount of Rs.3,61,104/- (Rupees Three Lacs sixty one thousand one hundred four only) towards his insured amount  from the O.Ps along with compensation of Rs.3,000/- (Rupees Three Thousand only) and litigation cost of Rs.1,000/- (Rupees One Thousand only) for deficiency of service on the part of the O.Ps to the Complainant and failure to comply the same will carry interest @ 9% per annum, which will meet the ends of justice in this case. Hence, Ordered:- 

                                                     O R D E R

                         The Consumer case is allowed on ex-parte against the O.Ps with cost. The O.Ps are directed to pay the rest of insured amount of Rs.3,61,104/- (Rupees Three Lacs sixty one thousand one hundred four only) along with compensation of Rs.3,000/- (Rupees Three Thousand only) and litigation cost of Rs.1,000/- (Rupees One Thousand only) to the Complainant within 30 days from the date of receiving of this Order, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.P as per Law, in case of failure by the O.P to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 24th day of July, 2017 given under my Signature & Seal of the Forum.