State Commission, in its order, has recorded that, in spite of all possible efforts, respondents could not be served and, therefore, were proceeded ex parte.  We find from the record that the appellant had, in fact, filed written statement as well as affidavits of two doctors by way of evidence.  State Commission has not referred to either the contents of the written statement or the evidence filed by the appellant.  The order of the State Commission, therefore, is required to be set aside and the case remitted back to the State Commission to decide it afresh in accordance with law after affording due opportunity to the parties.

          Accordingly, the case is remitted back to the State Commission to decide it afresh in accordance with law after affording due opportunity to the parties.

          Parties, through their respective counsel, are directed to appear before the State Commission on 12.1.2010.

          Since this is an old case, we would request the State Commission to dispose of the complaint as expeditiously as possible, preferably within a period of 6 months from the date of first appearance.

          The sum of Rs.1 lakh paid by the respondent shall be subject to the decision of the State Commission.  Dasti in addition.