Heard learned counsel for the appellant. 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 District Forum.

3.   The factual matrix leading to the case of the complainant is that the complainant has purchased  a Auto Rickshaw on 16.9.2005 being financed by the OP Bank for a sum of Rs.2,00,500/-. Complainant has paid Rs.31,000/- towards down payment. Thereafter, complainant went on paying the instalments. After payment of all instalments, there was only outstanding of Rs.16,500/- but the OP demanded Rs.50,000/- for clearance of the loan amount. Finding no other way, complaint was filed.

4.      OP Bank appeared but did not file written version.

5.      After hearing the matter ex parte following impugned order has been passed:-

                             “xxx   xxx   xxx

            Having observations reflected above, it is directed that complainant will pay Rs.16,500/- (Rs.Sixteen thousand five hundred only) towards loan dues of the Auto Rickshaw and on receipt of the ordered amount OP Bank shall issue No due Certificate (NDC)/Clearance Certificate against the Auto Rickshaw bearing No.OD-29B-5668, the order is to be complied by the OP Bank within one month of receipt of the ordered amount deposited by the complainant, failing which action will be initiated as per the provisions of C.P.Act, 1986.

Complaint is allowed in part on ex-parte. No order as to cost.”

6.        Learned counsel for the appellant submitted that the learned District Forum has committed error in law by passing the impugned order without being given opportunity to the OP to file written version. It is further stated that according to him, there is no proper calculation made by the complainant but still he has got Rs.50,000/- to be paid. If opportunity is being given he would produce the materials to reject the case of the complainant.

7.      Considered the submission of learned counsel for  the appellant and perused the DFR including the impugned order.

8.      The complainant is required to prove the deficiency of service on the part of the OP.

9.      It is admitted fact that the complainant has availed loan from the OP to purchase the Auto Rickshaw. It is not in dispute that he has been paying the instalment and Rs.16,500/-  was to be paid but the OP demanded Rs.50,000/-. Now OP has to prove that how far Rs.50,000/- the complainant is required to pay. Therefore, without giving any final opinion to the case, the matter is remanded to the learned District Forum subject to payment of Rs.20,000/- by the appellant to the complainant towards the compensatory cost and the learned District Forum is directed to allow the OP to file  written version and allow both parties to adduce evidence and dispose of the case afresh in accordance with law within 45 days from  date of receipt of this order. After payment is made, learned District Forum would proceed with the case.

        DFR be sent back forthwith.

      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. Both parties are directed to appear before learned District Commission on 28.9.2021 to produce copy of this order and to take further instruction from it.