S.N. Basu, Member— This is an appeal directed against the judgment and orders passed by the Ld. Distt. Forum, CDF-1 on 22.11.06 in CDF case No. 129/05 directing OP No.1 to deliver a new car in place of the old one or to repay the amount paid by the respondent No.1 towards purchase of car along with interest @ 8% p.a. and cost of Rs. 3,000. Being aggrieved by the said judgment and orders the appellant Op No. 1 has preferred the present appeal. The facts of the case briefly are that the complainant respondent No.1 purchased a Maruti Car of 800 CC on 2.3.01 for a consideration of Rs.2,18,428 through the OP No.2 respondent No. 2 with financial assistance from the appellant Bank for Rs. 1,91,000 payable in 60 monthly installments. The respondent No.1 handed over 29 cheques amounting to Rs. 1,87,310 and also made cash payment of Rs.4,390 to the appellant. The complainant allegedly issued a cheque for Rs. 1,04,400 towards full and final settlement of the loan as per discussion with the appellant Bank. The cheque was sent along with his communication dated 4.11.03. The said cheque bearing No. 506443 dated 4.11.03 was either lost in transit or allegedly misplaced in the records by t