Mr.P.K. Mittal, Advocate has put in appearance on behalf of the respondent.  Counsel for the respondent states that the sum of Rs.6,000/- towards litigation expenses has not been paid.  Counsel for the petitioner submits that a cheque in the sum of Rs.6,000/- towards litigation expenses has been sent to the respondent and the respondent shall receive the same within a day or two.

        Counsel for the petitioner contends that the order passed by the State Commission is a non-speaking order inasmuch as it has not given any reasons in support of the conclusions arrived at.  That the State Commission being the first court of appeal was required to record its finding of fact as well as the law.

        We find substance in this submission.  Order of the State Commission is a completely non-speaking order.  The State Commission has disposed of the appeal by observing thus :

“The pleadings have been perused.  Keeping in view the entire facts and circumstances of the case, it appears that there is no error in the order dated 10.6.2010 as passed by the District Forum, Jhunjunu in Complaint No.220/2009.  The order of the Hon’ble District Forum is based upon facts, and there is no need for interference in the same and the appeal as preferred by the appellant is liable to be dismissed being without any merits.  Accordingly, the appeal of the appellant is dismissed and the order dated 10.6.2010 as passed by the Hon’ble District Forum is confirmed.”

        State Commission, being the first court of appeal, was required to decide the appeal on facts as well as law.  It was also required to record reasons in support of the conclusions arrived at.  State Commission has simply endorsed the view taken by the District Forum without either recording the contentions of the parties or discussing the evidence on record. 

Since the order passed by the State Commission is a non-speaking order, the same is set aside.  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 26.9.2011.

        In case, the litigation costs of Rs.6,000/- is not received by the respondent, then the petitioner is directed to pay the amount of Rs.6,000/- on the date fixed before the State Commission.