ORDER

Mrs. Basanti Devi, Member - This appeal has been directed by opposite party No. 1 of the C.D. Case No. 280 of 1993 challenging the orders dated 17.2.1997 of the District Forum, Mayurbhanj at Baripada.

2. Facts in brief as per the complaint is that opposite party No. 2/respondent No. 3 is the tyre and tube manufacturing company and opposite party No. 1/appellant is his authorized dealer. The complainants are two brothers and have purchased on 21.1.1993 two Dunlop x M R1b9-00-20 tyres, two tubes and two flaps worth Rs. 13,500 as per credit memo (Ext. 1) (xerox copy of cash memo) from opposite party No. 1 on credit on payment of Rs. 4,200 by complainant No. 1 promising to pay the balance amount in future according to the complainant. They have fitted the tyres, tubes and flap in their truck bearing No. ORM 9798 and used the truck. Purchase on credit was not mentioned in the cash memo and at the time of full payment, opposite party No. 1 demanded and finally received from them Rs. 14,200 making endorsement on the backside of the credit memo which they knew after getting the original credit memo (Ext. 1). On 4.7.1993 at 3 a.m., the truck suddenly turned upside down near Kansabansa b