Presented by Sri P.N.Dash, President .

The Complainant filed a complaint case against the Opposite Party on Dt.27/10/2011 for realisation of damge-compensation as of Rs.30,000/-(Rupees thirty thousand)only, bank installments and interest as to Rs.25,000/-(Rupees twenty five thousand)only and litigation expenses as to Rs. 10,000/-(Rupees ten thousand)only from the Opposite Party for his deficiency in service by not repairing the accidental damaged vehicle by lifting it from the accidental sport to the work shop and by abandoned the same at the spot till to the interim order passed by the Forum and by that the Complainant faced a financial loss by not utilising the vehicle for his livelihood and also paid installments to that effect. Opposite Party issued a job card and intimated the Complainant to take back his vehicle with a repairment till to the Dt.20/09/2011 but he (Opposite Party) failed to do so. The Complainant submitted xerox copies of relevant documents and fees inshape of IPO.

The case of the Opposite Party is that he is the authorized dealer of the vehicle and financed of the vehicle was made through him. After receiving proper notice the counsel of the Opposite Party seek an adjournment to file vakalatnam and the same was granted on Dt.01/12/2011 but on later he failed to produce himself at the Forum and in due course of proceeding he became ex-parte on Dt.15/12/2011.

Heard the counsel of the Complainant, perused the record and the Forum comes to such findings that:-

(1) The Complainant is the customer of Opposite Party hence a consumer under Consumer Protection Act-1986 and entitled to file the case.

(2) The case is within the territorial jurisdiction and within the time limitation to file the case.

(3) Xerox copies of the documents on record shows the genuinity of the case but the Complainant has not able to establish the fact of harassment by the Opposite Party neither orally or documentary during the course of trial or at argument. Mere submission at the Forum or mention of it in the complaint petition is not enough. Complainant has to prove it with substantial evidences. So also the entire matter was not proved by adequate evidences. But as the Opposite Party did not turn over to the Court he became set ex-parte and in an ex-parte order Court presumed to be in favour of the Complainant based on merit of the case.

Hence ordered that, the Opposite Party has to pay Rs. 5,000/-(Rupees five thousand)only as compensation towards harassment to the Complainant by both mentally and physically for the same along with a litigation cost of Rs. 1,000/-(Rupees one thousand)only charged and imposed on Opposite Party payable to the Complainant within one month from the date of Order, other wise 9%(nine percent) interest per annum is ordered to be imposed on the total amount from the date of Order till to its actual realization from the Opposite Party.

The case is disposed of accordingly.

Typed to my dictation

and corrected by me.

I agree, (Sri Pramath Nath Dash)

P r e s i d e n t.

(Mrs Anjali Behera, Member)

M e m b e r.