Heard learned counsel for both sides.

2.     Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.     The case of the complainant in nutshell is that the complainant has purchased a moped from the OPs on payment of Rs. 28,271/- It is alleged inter alia by the complainant that the vehicle did not function well having such manufacturing defect. He took the moped to OP No.2 for repair as per the warranty condition but OP No.2 refused to repair. Thereafter, he being aggrieved filed the complaint case.

4.      OPs were set ex parte.

5.      After hearing learned counsel for the complainant, learned District Forum passed the following ex parte order:-

                             “xxx   xxx   xxx

       The consumer case is allowed on x-parte against the OPs with cost. The OPs are jointly or severally directed to replace the vehicle with a new  one or pay the  price of the vehicle i.e. Rs.28,271/- in lieu of the old one along with compensation of Rs.3,000/- and litigation cost of Rs.1,000/- to the complainant within 30 days from the date of receiving of this order, failing which it will carry interest @9% per annum from the date of order till realization. The complainant is also at liberty to realize the same from the OPs as per law, in case of failure by the OPs to comply the order.”

6.      Learned counsel for the appellants submitted that the learned District Forum has committed error in law by passing the ex parte order when notice has not been served on the OPs. He further submitted that after receiving notice from the District Forum, they have repaired the moped to the satisfaction of the complainant. Therefore, there is no any deficiency in service on their part.

7.      Learned counsel for the respondent submitted that the OPs knowingly did not attend before the learned District Forum although notice was issued to them. He further submitted that the complainant being a bonafide purchaser of the vehicle has faced lot of problem with regard to repairing of the vehicle but the OPs could not attend the same. So, he supports the impugned order.

8.       Considered the submission of learned counsel for respective parties and perused the DFR including the impugned order.

9.      We have perused the documents and find that the complainant is a bonafide purchaser of the moped. So far non-appearance of the OPs are concerned, we have gone through the DFR and found that the order dated 19.12.2016 is very important to note. Same is placed below for reference:-

                             “xxx   xxx   xxx

Ld. Counsel for complainant filed hazira. S.A. against OP No.1 is not back. In the meantime four months has already been elapsed. Notice against OP No.1 is sufficient. So OP No.1 is set exparte.

Put up on 17.01.17 for ex parte hearing.”

10.    The aforesaid order clearly shows that the SR against OP No.1 not back and since there was delay in disposal of the case, he was set ex parte by the learned District Forum. The DFR does not show any service of notice on OP No.1 but AD shows that notice has been served on OP No.2. Since OP No.1  has not been served notice, we are of the view that the appeal should be allowed by remanding the matter to the learned District Forum with direction to allow OP No.1 to file written version and hear both parties. Both parties are to adduce evidence, if any and the entire hearing of the case should be completed within 60 days from the date of production of copy of this order before the learned District Forum. It is made clear that we have not given any opinion on the merit of the case and the learned District Forum is at liberty to pass order in accordance with law as per materials produced before it. Both parties are directed to appear before the learned District Forum on 18.7.2022 to receive further instruction from it.

           DFR be sent back forthwith.

Statutory amount if deposited, the same be refunded to the appellants with interest accrued thereon if any on proper identification.

Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.