This appeal is directed against the Final Order dated 10.12.2019 delivered by Ld. D.C.D.R.F., Malda in CC No 74 of 2017. The fact of the case in nutshell is that one Sajjad Ahmed of District Mursidabad registered a Consumer Complaint under Section 12 of C.P Act, 1986 to the score that as a cultivator for maintaining the livelihood of his family he purchased a tractor from S. N. Motors Manufactured by Mahindra & Mahindra Finance Ltd. After purchase he got the possession of the vehicle but in spite of repeated request and reminder the authorized dealer S.N. Tractor did not take any initiative for the  registration of the vehicle and handing over the documents to the Complainant in spite of the fact that Rs. 25,000/- as registration if as insurance fees was realized from him by the S.N. Tractors Ltd. And for that reason, without registration and insurance certificate the Complainant could not ply the said tractor for his use. The further case is that he has continuing the payment on installments of loan amount to Mahindra & Mahindra Finance in due time and due to such deficiency of service on the part of the S.N. Tractors Company Ltd. he has registered the instant Consumer Complaint. The said Consumer Complaint was admitted in due course and notice was sent to the Opposite Parties. The Opposite Parties did not contest the case and for that reason the case was heard Ex-parte and an award in favour of the Complainant was pronounced by the Ld. Forum. Being aggrieved with this order this appeal follows on the ground that the impugned order was delivered in violation of principle of natural justice and the Ld. Forum had lack of jurisdiction to entertain such Consumer Complaint and notice of the case was not duly served upon the appellant and for that reason the appellant could not get an opportunity to contest the case. The further case of the appellant is that in spite of repeated reminders the Complainant/Respondent did not pay the required amount of registration of the vehicle and for that reason the vehicle could not be registered in due time and the time limit of registration was expired and for that reason extra amount was imposed for registration and it was duly communicated to the Complainant but in spite of such he has failed to pay the requisite fees for registration of the vehicle while the appellant company had nothing to do in this respect and the order of Ld. Forum was bad in law and liable to be dismissed. The appeal was registered on 30.12.2019 and it was admitted in due course. The respondent Sajjad Ahmed had received the notice of appeal in due course through Post. The respondent recorded his presence through Ld. Advocate Mr. S. Saha & Others and thereafter the respondent side remained absent to contest the appeal and enough opportunity was provided since 2019 to the respondent to contest the appeal and ultimately the respondent never turned up or none represented him to contest the appeal. So, the appeal was heard through Ld. Advocate of the appellant.

Decision with reasons

Admitted position is that the respondent of this case Sajjad Ahmed has purchased a Mahindra & Mahindra Tractor from authorized dealers S. Tractors and at a price of Rs. 14,29,000/- he paid cash Rs. 4,14.000/- as down payment and rest amount out of 14,29,000/- was financed by Mahindra & Mahindra Financial Services Ltd. and the respondent was continuing to pay the equal monthly installments in due time but ultimately his vehicle was not registered. The Complainant/Respondent claims that requisite fees was deposited on his part but the appellant company intentionally has refused or to take any attempt for registration of the vehicle while the appellant mentions that the respondent was not vigil to have registration of the vehicle by paying the requisite fees and due to non-registration of the vehicle within statutory period the registration charge was increased and extra amount was asked to be paid by the respondent which was utterly refused on the part of the respondent and for that reason the appellant company had no liability in this matter and the respondent cannot avoid his own liability for not registration of the vehicle in due process. Now, in the appeal case the appellant submits a prayer to give the opportunity to contest the instant Consumer Case in a proper manner and Ex-parte order should be set aside to upheld the process of natural justice. It is settled principle of law that for a purposeful and effectual justice every party to the dispute should get sufficient opportunity of being heard. Here in this case the Ex-parte order appears to be not convincing in regard to the touching the merit of the case. Ld. Forum only passed the award in favour of the Complainant on the basis of evidence adduced by the Complainant which remains unchallenged and this observation is not appreciable enough as because testimony of one party in a Ex-parte proceeding may be remained unchallenged yet without touching the merit of the case no purposeful order could be delivered. So, for the interest of justice the appeal should be allowed and the appellant should be given ample opportunity to contest the instant Consumer Case by submitting the W.V and a full-length hearing as per provision of law is highly required for adjudication of the dispute in a prudent manner.

Hence, it’s ordered

That the instant appeal be and the same is allowed on merit without any cost. The Final Order dated 10.12.2019 delivered by Ld. D.C.D.R.F., Malda in CC No 74 of 2017 is hereby set aside. The case is remanded back to the Ld. D.C.D.R.F., Malda to reopen the case and the appellant are hereby permitted to file the W.V against the instant Consumer Complaint within 45 days from this day and thereafter the Ld. Forum shall adjudicate the dispute after giving the parties sufficient opportunity for tendering evidences and a full-length hearing. The parties to this appeal are asked to appear before the Ld. D.C.D.R.F., Malda on 12.04.2022 for fixing the schedule of the case.

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 for doing the needful.