HDFC Bank, petitioner herein, was the opposite party before the District Forum. District Forum, allowed the complaint of the respondent directing the petitioner bank to pay a sum of Rs.2,83,635/- towards loss to the petitioner by selling shares at a lower price. Petitioner bank was also directed to pay Rs.60,000/- to the petitioner towards deficiency in service, mental agony and harassment and Rs.20,000/- towards costs. Dissatisfied with the order passed by the District Forum, petitioner bank filed an appeal before the State Commission, which has been dismissed by passing a non-speaking order. Court of first appeal is a Court of fact. It is supposed to decide the question of fact as well as law. In the present case, we find that the State Commission has not determined the dispute between the parties on fact or in law. As the order is a non-speaking order, we set aside the order passed by the State Commission and remit the case to the State Commission to pass a fresh order in accordance with law. All pleas are left open. Parties through their respective counsel are directed to appear before the State Commission on 22.2.2010.
......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER | | 
