S.C. Mohapatra, President - This appeal under section 15 of the Consumer Protection Act has been filed by the opposite parties beyond the period of limitation accompanied by an application for condonation of delay. Since both the parties have entered appearance, we heard the appeal on merits with consent of parties who agreed that the question of limitation shall be considered along with merits.

2. Complainant purchased a truck manufactured by appellant No.1 and supplied by appellant No.2. It was alleged that the truck could not be plied on account of non-supply of two wheels. Accordingly, compensation of Rs. 17,000/- towards cost of two rims and two tyres of truck with compensation of Rs. 1,000/- for each day from 26.4.1991 to 30.5.1991 with interest was demanded.

3. On 5.10.1991 notice was directed to be issued to opposite parties fixing 23.11.1991 for showing cause. On 23.11.1991 xerox copy of telegram dated 24.10.1991 and letter dated 9.10.] 991 addressed to complainant by opposite parties were filed by complainant. The case was posted to 7.12.1991 for hearing. That day complaint was heard ex-parte directing the opposite parties to refund Rs. 17,000/- with interest at 12% ti