Respondent was not served in ordinary way of service.  Counsel for the petitioner had moved an application for substituted service.  Notices were published in two newspapers having circulation in the area where the respondent resides.  Respondent is not present in spite of service.  Proceeded Ex-Parte.

          The State Commission, after recording a finding that the petitioner/financer could not take forcible possession of the vehicle,

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upheld the order passed by the District Forum without recording any reasons in support thereof.  Court of first appeal is a final court of fact.  The State Commission was required to deal with both the points of questions of facts as well as law and pass a considered order which has not been done in the present case. 

We set aside the impugned order and remit back the case to the State Commission for a fresh decision in accordance with law.  Petitioner through counsel is directed to appear before the State Commission on 27.10.2009.

            Copy of this order be sent to the respondent for intimation.