Heard for the appellant. Learned counsel for the respondent is present. We are inclined to dispose of the case at this stage without calling for the DFR.

2.       Learned counsel for the O.P submits that he has got instruction if the complainant agrees to pay the repairing cost of the vehicle, the vehicle would be repaired and hand over same to the complainant.

3.       After going through the pleadings of the parties as available on the record,  we are of the view that the order passed by the Learned District Commission is illegal  because the learned District Commission has not applied the judicial mind while passing the impugned order. The complaint was dismissed ex parte against the OPs without cost. But in view of the fact that  the OP is agreeing to repair the vehicle on payment of cost, we modify the impugned order and direct the OP to repair the vehicle within a period of 20 days in accepting repairing charges within the above period.

Accordingly, the appeal is disposed of.