Heard counsel for the parties.

The above appeal has been filed against the order of the State Consumer Dispute Redressal Commission, U.P. at Lucknow, dated 18.10.2022, passed in CC/488/2017, whereby the complaint has been allowed, and the appellant has been directed to refund the entire amount deposited by the complainants with interest @ 9% per annum, pay Rs.5 lacs as compensation, and Rs.25,000/- as litigation cost.

A very short argument has been raised by the counsel for the appellant in this case is that although the complaint was filed for a refund of the entire amount deposited by the complainants with interest, but during pendency of the complaint, the complainants have taken possession and sub-lease deed has also been executed in favour of the complainants on 02.01.2019. These facts were also brought to the notice of the State Commission through affidavit of evidence of the complainants filed in the complaint. However, during this period, the appellant was proceeded under the Insolvency and Bankruptcy Code, 2016, and a moratorium was imposed against the appellant.  The appellant has also filed the order of moratorium before the State Commission, and thereafter, the appellant could not attend the proceedings before the State Commission. Ignoring the fact that the possession had already been handed over and the appellant was under a moratorium, the complaint for a refund was allowed.

The counsel for the respondents, on the basis of instructions received from the complainants/respondents through email dated 24.09.2024, informed that the complainants himself filed an application before the State Commission, which is registered as MA/196/2023 for modification of the order dated 18.10.2022. The counsel for the respondent informs that possession has been taken by the respondent, and sub-lease deed has been executed. Therefore, they are not willing to proceed with the complaint any further. In view of the fact, we allow this appeal, and set aside the order of the State Commission dated 18.10.2022, passed in CC/488/ 2017, and dismiss CC/488/2017 as having become Infructuous.