Petitioners were opposite party before the District Forum.  Inspite of service of notice, petitioners did not choose to appear before the District Forum and were ordered to be proceeded ex-parte.  Respondent/complainant had purchased Maruti Zen Diesel car after getting it financed from petitioner No.2 for a sum of Rs.2,80,000/-.  The vehicle was got registered with the office of DTO, Ferozpur who

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issued Registration Number in respect of said vehicle.  Inadvertently,

the entry qua hypothecation was not made in the Registration Certificate by the officials of DTO.  When this fact came to the knowledge of the petitioners, they took possession of the vehicle.  In the meantime, respondent kept on paying the installments of the amount due regularly.  Petitioner returned the vehicle to the respondent after getting the entry regarding hypothecation made in the Registration Certificate.  Petitioners had charged Rs.8,000/- from the respondent.  Thereafter, petitioners raised a demand of Rs.35,000/- for issuance of No Due Certificate.  Aggrieved by this, respondent filed a complaint seeking refund of sum of Rs.8,000/- which had been illegally charged from him and a direction to the petitioners to issue No Due Certificate without charging Rs.35,000/-.

          District Forum allowed the complaint and directed the petitioner to refund the sum of Rs.8,000/- along with interest @ 9% from the date it was charged till realization.  Rs.5,000/- were awarded by way of compensation and Rs.1500/- as litigation expenses.

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          Aggrieved by the order passed by the District Forum, petitioners filed an appeal before the State Commission which has been dismissed by the impugned order.

            As stated above, the petitioners were proceeded ex-parte.  He did not file its written version.  The defence now being raised by the petitioners cannot be taken into consideration as the same was not put forth before the District Forum.  Even before the State Commission, petitioners did not move an application for seeking permission to file Written Statement and evidence.  In the absence of any defence having been raised, the petitioners’ submission made on the basis of supposed defence which it could have taken, cannot be taken into consideration.  We agree with the findings recorded by the State Commission.  Revision petition is dismissed.