Heard learned counsel for the appellant. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The unfolded story of the case of the complainant is that the complainant has purchased one Maruti Dzire VDI BSI car on 18.9.2014 and deposited the necessary documents towards insurance and registration of the vehicle. After a month complainant allegedly received the RC Book of the vehicle from the OP through registered post. After opening, he found that the registration has been made for private vehicle though it was instructed to make it as commercial vehicle. Complainant protested it but the defect could not be removed. For keeping the vehicle without use, complainant sustained financial loss. As such, he got mental agony and harassment. Hence, the complaint.

4.      OP was set ex parte.

5.      After hearing learned counsel for the complainant, learned District Forum passed the following impugned order:-

                             “xxx   xxx   xxx

            The opposite party is directed to pay the expenses incurred by the complainant i.e.Rs.20,623/- which includes compensation for mental agony and harassment undergone by the complainant and cost of litigation within one month from date of receipt of this order, filing which the OP is liable to pay interest @ 12% p.a. on the above awarded amount till the date of payment.”

6.      Learned counsel for the appellant submitted that he has got document to show that the complainant was instructed to register the vehicle as private one and accordingly, it has been carried out. Learned District Forum ought to have considered all these facts. However, if he is being given opportunity to be heard, he would produce necessary documents. So, he submitted to set aside the impugned order by remanding the matter to the learned District Forum for disposal on merit.

7.      Considered the submission of learned counsel for   the appellant and perused the DFR including the impugned order.

8.      Since the OP has been set ex parte and there is observation that opportunity was given to file written version but however, the OP should have been given opportunity of being heard. Therefore, without deciding the matter on merit, the appeal is  allowed with remand to the learned District Forum to give opportunity to the OP to file written version and the learned District Forum would allow both parties to adduce evidence, if any and dispose of the case in accordance with provision of law within 60 days from the date of receipt of this order or constitution of Bench whichever is later. Both parties are directed to appear before the learned District Commission on 11.3.2022 to receive further instruction from it.

           DFR be sent back forthwith.

           Statutory amount if deposited, the same be refunded to the appellant with interest accrued thereon if any on proper identification.

           Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.