On a contention raised by the counsel for the petitioner that the impugned order passed by the State Commission was not a speaking order in as much as the State Commission has not recorded any reasons in support of the conclusions arrived at.  Limited Notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law. 

State Commission is the first court of appeal.  It has to decide the questions of law as well as of facts.  Since it is a first court of appeal, the State Commission is required to note down the contentions of the parties and arrive at conclusions duly supported by reasons.  In the present case, the State Commission has affirmed the order of the District Forum by passing the following order :

“Whereas so far as the appeal is concerned, it is apparent that there is no error of facts or law in the impugned order of the District Forum, Kota dated 2.12.2008 passed in Complaint No.245/2005 and there is no need to interfere in the order of the District Forum as it is based on facts.  Accordingly order of the District Forum, Kota dated 2.12.2008 is upheld and the appeal of the appellant is dismissed.”

It has repeatedly been held by this Commission as well as Supreme Court that the State Commission, being the first court for facts, is required to record reasons in support of the conclusions arrived at.  Order of the State Commission, being a non-speaking order, is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law. 

Parties, through their counsel, are directed to appear before the State Commission on 15.9.2011.