This appeal is directed against the Ex-parte Final Order delivered by Ld. D.C.D.R.F., Malda dated 03.07.2019 In CC No 29 of 2018. The fact of the case in nutshell is that one Mukul Chakraborty the Respondent of this Case came to the showroom S.N Motors and booked one Bolero Car after payment of initial amount and took loan from Magma Finance for rest amount. The consideration price of the vehicle was fixed at Rs. 8,20,298/-. After, taking possession of the vehicle the Respondent used to pay monthly installments regularly. In the month of December 2016 after payment of Rs. 2,00298/- the owner of S.N Motors issued a certificate and other documents of xerox copy and the original documents were lying in the custody of the owner for the purpose of registration. On 05.02.2018 for the purpose of registration the Respondent paid Rs. 70,000/- to the owner but the owner did not take any steps for such registration in spite of receiving the said amount. On 01.06.2018 the Respondent met the owner to know the reasons for not pursuing the registration of the vehicle. But she was misbehaved. She registered a complaint before the Consumer Affairs Department and FBP of Malda and thereafter she registered the instant Consumer Complaint before the Ld. Forum. The OP in spite of receiving notice did not appear to contest the case and for that reason the case was placed for Ex-parte hearing. After, hearing the Ex-parte Ld. Forum allowed the Consumer Complaint Ex-parte and asked the appellant to refund Rs. 8,20,298/- insurance if Rs. 2,27,298/- and registration charge Rs.70,000/- and Magma Finance was directed to pay Rs.2,49,000/- to the respondent. And for mental harassment Rs.20,000/- was awarded. Being aggrieved with this order this appeal follows on the ground that the order of Ld. Forum was irregular one, bad in Law and liable to be set aside. The appeal was registered on 30.12.2019 it was admitted on 07.06.2020 and notice was sent to the address of the respondent with a direction to appear and to contest the appeal. The respondent Mukul Chakraborty has received the notice on 18.01.2020 but she did not come to this Commission to contest the appeal. So, the appeal is heard Ex-parte. Ld. Advocate Mr. B.K Chakraborty has conducted the hearing of the appeal on behalf of the appellant.

Decision with reasons

Having heard the Ld. Advocate of the appellant it appears that the respondent Mukul Chakraborty purchased a vehicle from S.N Motors whose proprietor is the appellant of this case. It is also admitted that the showroom price of the vehicle was settled at Rs. 8,20,298/- out of which down payment was 2,00298/. The respondent procured a car loan from Magma Finance to the tune of Rs. 6,20,000/- she was regular to make monthly installments at the rate of Rs. 18,000/- for 48 months. Admitted position is also reflected that the said Bolero vehicle was handed over to the respondent in due course and she was plying the vehicle for her own use. The dispute cropped up when the registration process could not be completed. The Complainant/Respondent alleges in her Consumer Complaint that in spite of huge payment the proprietor of S.N. Motors has intentionally refused to complete the registration process in spite of receiving Rs. 70,000/- from her on 07.05.2018 while in appeal the appellant O.P contends that after the reminder the respondent did not pay the required amount for getting the vehicle registered in her name and due to non-payment of such registration cost the mandatory period laid down in Motor Vehicle Act already expired and for which extra amount was debited by the registering authority from the appellant for registration of the said vehicle and she has filed the instant Case only to evade her liabilities. During the course of argument Ld. Advocate of the appellant submits that the notice of the Consumer Complaint was not properly served upon the address of the appellant and for that reason the appellant could not get a chance to contest the said Consumer dispute. He further submits that for the purpose of proper justice the appellant should get an opportunity to contest the case and to highlight the facts before the Ld. Forum for an appropriate judicial approach towards the said dispute and such Ex-parte order should not be existed as the protections of natural justice has not complied with. The Ld. Forum in the Final Order concluded the observation to the score that as the evidence adduced by the Complainant remained unchallenged and the Complainant was able to prove her case with the documents. The order of Ld. Forum remains very cryptic no proper discussion was there over the merit of the case no documentary evidences could be produced on the part of the Complainant to prove her case and only relying the evidence-in-chief of the Complainant the instant order was delivered which was not appreciable. Consumer Protection Act was enacted to safeguard the interest of the bonafide consumers but that doesn’t mean that a consumer complaint will be allowed only the background of Ex-pare hearing. To mitigate a Consumer Dispute proper judicial approach should be availed otherwise the chance of the miscarriage of justice, cannot be ruled out. Here, in this case the appellant wants to contest the case and the Ld. Forum in such situation shall get an opportunity to adjudicate the dispute in a original manner and for that reason the Bench thinks it fit that the said Ex-parte order should be interfered and set aside for the purpose of proper and effective justice. So, the instant appeal has got some merit.

Hence, it’s ordered

That the appeal be and the same is allowed on merit without any cost The Ex-parte order passed by Ld. D.C.D.R.F., Malda dated 03.07.2019 in CC NO 29 of 2018 is hereby set aside. The Ld. D.C.D.R.F., Malda is hereby requested to reopen the case and accept the W.V, if any, be submitted by the appellant/opposite party within 30 days from this day and after accept the W.V the Complainant should be called for tendering the evidence afresh and after completing the process of evidence of both sides and after hearing the case the Ld. Forum shall adjudicate the dispute on its merit within a short span of time.

Let a copy of this order be supplied to the parties free of cost and the same to be communicated to the Ld. D.C.D.R.F., Malda.