Heard Learned Counsel for the appellant. None appears  on behalf of respondent.  

         2. This appeal has been filed U/S-41 of Consumer protection Act 2019 (Hearin after called the Act) 2019 against impugned order passed by Learned District C.D.R, Commission, Jagatsinghpur. 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 purchased Diesel Genset” of make “Mahindra Powerol 30 KVA 24 KW Silent type”from  O.P on payment of consideration of Rs. 3,60,315/-on 18-06-2010. Thereafter the machine did not work then he went to the O.P for repair within warranty period. The O.P No.3 refused to repair the same. So the complaint was filed.

                  4. The O.P was ex-parte. After ex-parte hearing the Learnd District Forum pass the following order:

                       “The O.Ps are directed to pay Rs. 43,852/- to the complainant towards the repair charge with 9% interest from 06-05-2011 (the last date of payment) till date of payment jointly and severally and further opposite parties are directed to pay jointly and severally Rs. 5,000/- towards compensation and cost to the complainant. This order is to be carried within 30 days from the dat of pronouncement of this order.”

  5.  Learend counsel on behalf of appellant submitted that they have not given opportunity of being heard and stated to remand the matter to the Learned District Forum.

     6. Considered the submission of the appellant perused the DFR & impugned order.

     7.  It appears that O.P is exparte. Without expressing any opinion of merit of the case, we remand the mater to the Learend District Forum for denov hearing of the case by allowing both parties for filing of written version and both parties to adduce evidence if any

      8. Both parties are directed to appear on 05-01-2023 before Learned District Forum to take further instruction.

      9. The case is disposed of accordingly. No cost.

      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.