Costs paid.

          Petitioner was the opposite party before the District Forum.

Respondent/complainant purchased a car for a total consideration of Rs.3,52,942/-.  He raised a loan of Rs.2,93,820/- from the respondent which was to be repaid in 59 equated monthly installments of Rs.6,180/- each.  Rs.59,122/- were paid by him.   For default in making the payments, the vehicle was repossessed by the

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petitioner.  Aggrieved against the repossession of the vehicle, respondent filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.1,26,342/- to the complainant (Rs.1,17,420 (EMIs paid) + Rs.58,922 (down payment) = 1,76,342 – Rs.50,000(towards depreciation of the vehicle) = 1,26,342/-.)  Rs.10,000/- were awarded as compensation and Rs.5000/- as costs.   

Petitioner being aggrieved filed the appeal before the State Commission which has dismissed the same. 

State Commission without going into merits of the dispute by making general observations passed in an earlier order dismissed the appeal.  State Commission did not go into the facts of the merits of the present case.  According to the petitioner, they had repossessed the vehicle in terms of the agreement entered into between the parties after issuing notice to the respondent asking him to pay the outstanding installments failing which the vehicle would be repossessed.  The State Commission has not referred to this fact or any other fact.  The State Commission has dismissed the appeal by making certain general observations made in the orders passed

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earlier.  The order of the State Commission is a non-speaking order and requires to be set aside.  Accordingly, the order of the State Commission is set aside. case is remitted back to the State Commission to decide it afresh in accordance with law.

Parties through their counsel are directed to appear before the State Commission on 02.07.2012. 

Since it is an old case, we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of 4 months from the date of appearance.