Heard learned counsel for the appellants. None appears for the respondent.

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 learned District Forum.

3.      The case of the complainant in nutshell is that complainant purchased one Tata Magic vehicle bearing Registration No. OD-12-3277 having obtained finance from OP No.1 for Rs.3,00,000/- on condition to repay the same on 42 instalments from 2013 to 20.9.2017. It is alleged inter alia that the complainant has given the vehicle on rent to OP No.3 to pay the instalments regularly but OP No.1 without any notice threatened to seize the vehicle. So the complainant finding no other way filed the complaint case.

4.      OPs were set ex parte.

6.      Learned District Forum after hearing the complainant passed the following impugned order:-

                             “xxx   xxx   xxx

The OP No.1 is directed to supply the up to date loan status of the above vehicle to the complainant and not to seize the said vehicle through OP No.2 or through any agent. Both parties are directed to settle up their matter basing on the position of the loan amount. The outstanding loan if any the complainant shall pay the same in suitable installments. The OP No.1 is directed not to impose further interest from the date of filing this complaint i.e. from 26.10.2017. The above order be complied within 30 days from the date of receipt of this order. Otherwise the OP No.1 shall pay compensation of Rs.10,000/- to the complainant for his mental agony and financial  loss. The interim order passed on 31.10.2017 is hereby vacated.

With the above direction the C.C. is disposed of.”

7.      Learned counsel for the appellants submitted that there is agreement between the parties to repay the loan and such fact has not been discussed by the learned District Forum. Had the opportunity being given to the appellants they would prove the bonafideness of the case and also show that they have no any deficiency of service. He further submitted that as the office has been shifted, the notice could not be received and as such they failed to appear before the learned District Forum. So, he submitted to set aside the impugned order by remanding the matter so as to give opportunity to the OPs to contest the matter.

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

9.      It is admitted fact that the complainant has incurred loan from the OP No 1 and the complainant admittedly paid certain instalment. It is admitted fact that if the OP is not given chance to meet the issues raised in this case, the impugned order passed ex parte would remain one sided. On perusal of the record, it appears that the notice was sent but it was returned because of absence of any address. The contention of learned counsel for the appellants that office has been shifted for which he did  not receive the notice is corroborated from the postal envelope. Therefore, this Commission is of the view that the matter should be remanded to the learned District Forum for disposal of the case on merit.

10.    In view of the above, the impugned order is set aside and the matter is remanded to the learned District Forum for denovo hearing subject to payment of cost of Rs.5,000/- by the appellants to the complainant with a direction to the learned District Forum to allow OP Nos. 1 and 3 to file written version if any and to allow both parties to adduce evidence and  dispose of the case afresh within 60 days from the date of receipt of this order. Learned District Forum would dispose of the matter afresh without being influenced by any observation made in this order but as per materials produced before it.

11.         Both parties are directed to download the order of this Commission from the Confonet or Website of this Commission and treat same as if received from this Commission and produce the same before the learned District Forum on 20.9.2021 for taking further instruction from it.

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

          DFR be sent back forthwith.