Complainant/respondent purchased a house from the petitioner for Rs.4,38,271/-. Entire consideration was paid by him. Previously the said house was allotted to another person. As per the conditions of allotment, respondent was to pay interest at the rate of 19% from 30.11.1999 to 1.3.2000. According to the petitioner, respondent was required to pay interest from the date default was committed by the previous owner in paying the instalments whereas the District Forum directed the petitioner to handover the possession on payment of Rs.81,529/- towards interest. Petitioner, being aggrieved, filed the appeal before the State Commission contending that the interest amount came to more than Rs.81,529/- determined by the District Forum. During the pendency of the appeal before the State Commission, respondent deposited the sum of Rs.81,529/-. State Commission, instead of deciding the point raised by the petitioner, disposed of the appeal by saying that since the respondent has deposited the amount, appeal has become infructuous. We find substance in the submission made by the counsel for the petitioner that the State Commission ought to have decided the point raised by the petitioner in appeal instead of disposing of by observing that the appeal had become infructuous as the respondent had paid the amount awarded by the District Forum. Petitioner had filed the appeal with the contention that the interest amount came to more than Rs.81,529/-. This point has not been decided by the State Commission. Since the State Commission has not decided the point(s) raised by the petitioner, the impugned order is set aside and the case remitted back to the State Commission to decide it afresh in accordance with law. All contentions are left open. Parties, through their counsel, are directed to appear before the State Commission on 23.5.2012. Since this is an old matter, we would request the State Commission to dispose of the matter as expeditiously as possible and preferably within a period of 4 months from the date of first appearance. Nothing stated herein be taken as an expression of opinion on the merits of the case. | 
