Learned counsel for the appellant is present.

2.      Statutory amount of Rs.69,995/- is deposited in shape of Demand Draft. The same be deposited in any nationalized Bank in a fixed deposit account for three months with automatic renewal facility till further orders. However,   we are inclined to hear and dispose of the appeal at the stage of admission.

3.      Learned counsel for the appellant submitted that the complainant has purchased one Acqua Guard (R.O) of Eureka Forbes Ltd on 29.06.2019 bearing model No.NRICH HD RO UV + MTDS  on payment of Rs.19,990/- .The said Acqua Guard has warranty period for 12 months. The complainant alleged that Acqua Guard did not function well. The O.P has attended the defect but the complainant did not satisfy and filed the complaint.

4.      Learned counsel for the appellant submitted that the O.Ps have assured to replace the Acqua Guard and the complainant agreed to withdraw the case. But behind the back of the O.P, the complainant proceeded with the case. He submitted that the matter may be remanded to the learned District Commission for fresh disposal and  opportunity may be given to the OP to file written version and contest the matter before the learned District Commission.

5.      Considered the submission of learned counsel for the appellant and perused the impugned order including other materials available on record.

6.      It appears that the OP has been set ex parte on 04.02.2021. However, the OP admitted to replace the Acqua Guard and settle the matter. Therefore, we think it just and proper to allow the appeal by remanding the matter to the learned District Commission, Cuttack for  denovo hearing by allowing the O.P to file written version and the learned District Commission  shall dispose of the case  in accordance with law.

7.      Accordingly, the appeal is allowed, the impugned order is set aside and the matter is remitted back to the learned District Commission for fresh disposal in accordance with law. We have given opportunity to the appellant for filing written version and the learned District Commission shall dispose of the complaint case after hearing both the parties within 45 days from the date of receipt of this order. The appellant is directed to produce the copy of this order before the learned District Commission, Cuttack on 27.10.2022 to receive  further instruction from it.