Respondent/complainant raised a loan of Rs. 11,00,000/- from the petitioner to purchase a truck. Respondent was paying his installments regularly but the vehicle was forcibly re-possessed while it was going towards Jabalpur with loaded articles of Rs. 3,20,000/- by the petitioner. On the date of re-possession, the respondent had already paid the sum of Rs. 10,86,839/-. Respondent being aggrieved, filed a complaint before the District Forum. District Forum dismissed the complaint, aggrieved which the respondent filed appeal before the State Commission. State Commission set aside the order of the District Forum and remanded the matter back to the District Forum, by observing as follows : “The real question of controversy between the parties appears to be the calculation of remaining amount, to be paid by the complainant to the respondent/financier. As per the complainant, the amount remained unpaid is only Rs. 1,72,092/-, whereas as per the respondent/ financier, it is somewhere around Rs. 3,00,000/-. Calculations can very well be made by the District Forum after going through the terms of the agreement executed between the parties, but as nothing was filed by any of the parties, either before the District Forum or before us, so we are not in a position to express any opinion on the terms agreed between the parties and to decide the amount which is really recoverable by the respondent from the complainant. In view of this, it appears necessary to remand the case back to the District Forum for proper adjudication of points under dispute between the parties. It may take ………………”. We agree with the view taken by the State Commission. Otherwise also, we are not inclined to interfere with the order of remand passed by the State Commission. Dismissed. |