1.                     The brief history of the case of the complainant is that as per advertisement of OP.3, a purchaser of Honda Motorcycle would get heavy discount of Rs.18, 500/- on such purchase and hence the complainant along with his friend went to showroom of OP.1 to book a Honda Unicorn red color motorcycle at Jeypore on 20.03.2017.  Since the red color vehicle was not readily available with OP.1, he insisted to purchase the motorcycle from OP.2 as both the parties were having trade relationship.  It is submitted that the complainant approached OP.2 at Berhampur who suggested booking the motorcycle on or before 23.3.2017 to get the benefit.  The complainant deposited Rs.1000/- with OP.2 towards advance booking amount and on 30.03.2017 deposited Rs.60, 000/- and on 31.03.2017 also deposited Rs.22, 741/- totaling a sum of Rs.83, 741/-.  It is further submitted that on 31.3.2017 the OP.2 delivered the vehicle vide Invoice No.VEHINV-OR030001-1617-08877 showing discount of Rs.18, 500/- and the vehicle was registered with RTA, Berhampur and also insured.  It is also further submitted that as per promise through advertisement, the OP.2 was supposed to refund the discount amount of Rs.18, 500/- but the OP.2 did not refund the same in spite of repeated approach.  On contact, the OP.1 did not respond properly for which the complainant is suffering.  Thus alleging unfair trade practice on the part of the Ops, he filed this case praying the Forum to direct OP No.2 to refund Rs.18, 500/- with interest and OP.1 to pay Rs.5000/- to the complainant towards suffering.  It is further prayed to direct both the Ops to pay Rs.50, 000/- towards compensation to the complainant.

2.                     All the Ops in spite of valid notice neither filed counter nor participated in the proceeding in any manner and thus remained ex- parte.  We have heard from the A/R for the complainant and perused the documents available on record for orders.  The complainant has filed affidavit in support of his case.

3.                     In this case the complainant in support of his case has filed copy of advance receipts aggregating to Rs.83, 741/- issued by OP No.2 on different dates as mentioned in the said receipts.  The complainant has also filed copy of Invoice No. VEHINV- OR030001-1617- 08877 dt.31.03.2017 in support of purchase of vehicle from OP No.2.  The OP.2 in that invoice has mentioned that ex-showroom price of the vehicle is Rs.73, 848.97 and allowed a discount of Rs.18, 500/- and thus has come to the conclusion that the cost of the vehicle is Rs.55, 349/-.  From the above facts it became crystal clear that the complainant has purchased the vehicle from the OP.2 for a sum of Rs.55, 349/- after getting a discount of Rs.18, 500/-

4.                     The case of the complainant is that as per advertisement, the OP.2 was supposed to refund Rs.18, 500/- towards discount but did not refund the amount.  Repeated request to Ops 1 & 2 also did not yield any result.

5.                     In absence of counter and participation of all the Ops in this proceeding we lost opportunity to know anything from them and thus the allegations of the complainant remained unchallenged.  The allegations of the complainant are also supported by affidavit.  The retail invoice issued by the OP.2 also shows the discount of Rs.18, 500/- on the face of it.  In the above premises, we do not find any material matter to disbelieve the allegations of the complainant which are supported by affidavit and hence we hold that the complainant is entitled to get refund of Rs.18, 500/- from the OP.2 with interest from 31.3.2017 and by not refunding the discount amount, the OP.2 has committed unfair trade practice.   For such inaction of the OP.2, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled for some compensation and costs and considering the sufferings, we feel a sum of Rs.3000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part and the OP.2 is directed to refund Rs.18, 500/- with interest @ 12% p.a. from 31.03.2017 and to pay Rs.3000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.  There is no case against Ops 1 & 3.

(to dict.)