None appears for the appellant. The case was heard earlier. Basing on the material available on record, we are inclined to dispose of the matter  basing on the material available on record.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The case of the complainant, in brief is that the complainant had purchased   a Renault KWID car on 18.01.2016 from OP No.1 on payment  sale price. The vehicle was also registered before the RTA,Bargarh. It is alleged inter-alia that the vehicle  met accident on 04.08.2016 and the matter was reported to police. Thereafter the vehicle was left with OP No.1 for repair. Since some parts were required to replace, the vehicle had to retain by the OP.  The vehicle repaired on payment of Rs.12,000/-. It is stated that after repairing, when the vehicle was on road, there was  starting problem. Then he requested OP No.1 to repair it. As there is manufacturing defect in the vehicle, the complaint was filed.

4.            The  OP filed written version stating that  learned District Forum has no territorial jurisdiction and the case is not maintainable. However, it is averred that the vehicle was  brought by the complainant  and it was repaired free of cost. After repairing the vehicle was not in original condition being an accident vehicle. Therefore, the manufacturing defect is default to be opine. Thus, there is no deficiency in service on the part of the OP.

5.              After  hearing both the parties, learned District Forum passed the following order:-

                   Xxxx                       xxx                  xxx

             “ Hence, the Opposite Parties are jointly and severally directed to pay an amount of Rs.12,000/-(Rupees twelve thousand)only taken from him for the repair undertaken by them with an interest @ 6 % (six percent) per annum from the date of filing of the case to till dte of order and Rs.20,000/-(Rupees twenty thousand)only in lieu of the mental and physical harassment caused to the complainant due to their aforesaid attitude and also directed to refund an amount of within thirty days of the receipt of the order, in default of which, an  interest @ 12 % (twelve pecent) per annum would accrue in the total amount till the actual realizations of the amount.

                 Accordingly the complaint is allowed against the Opposite Parties and pronounced in the open Forum today  i.e. on dtd.20.12.2017 and the same is disposed of.”

6.               Learned counsel for the appellant filed in separate appeal memo states that the complaint is not maintainable. The vehicle has come to garage and it was repaired  and he has paid Rs.12,000/- and the complainant deposited Rs.12,000/- and it was  for settlement of dues. The vehicle was also insured by insurance company  paid Rs………… to the complainant. After the entire money is made available the vehicle was handed over to the complainant. Thus, there is no deficiency in service on the part of the OP. All the allegation by the complainant are false and fabricated. Therefore, the appeal should be allowed by setting-aside the impugned order.

7.            Considered the appeal memo, perused the DFR and  impugned order.

8.                It is admitted fact that the vehicle of complainant was repaired in the garage of OP and the complainant has paid Rs.12,000/-. It is also alleged by the complainant that the vehicle was  not repaired properly for  which subsequently defects found. On the otherhand, learned counsel for the appellant submitted the job card to show his bonafideness. We have gone through the job card. On the job card it appears that the vehicle was repaired subsequently and there is no objection made by the complainant. Also there is no expert opinion  obtained to show that   defect in vehicle occurred in  the vehicle who meet accident.

9.                   In view of aforesaid discussion, we are of the view that learned District Forum has not fixed up responsibility by going through the material on record. Therefore, we do not agree with the finding  of the  learned District Forum and  the impugned order is set-aside  and the appeal stands allowed. No cost.        

                  Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.   

                    DFR be sent back forthwith.