This order shall dispose of F.A. No.755/2012 and F.A. No.299/2012 directed against the same impugned order dated 4.5.2012 of the State Commission passed in Complaint No.1/2009.

        Opp.party No.2 Director of Telesys Software Ltd. (appellant in FA 755/2012) authorized Opp.party No.3 – Assistant Office President (Operations) and Opp.party No.4 (Appellant in FA 299/2012) for dealing with their real estate and construction business.

        In pursuance to the said resolution Opp.parties 3 and 4 entered into a written agreement with the respondent/complainant on 27.2.2008 for the construction and sale of one triple bedroom flat situated in second floor road side in Block ‘B’ with a built up area of 1500 sq.ft. (including common area) located in the multi-storied building in ESSVEE GRAND with one reserved car parking area in the ground floor for a sum of Rs.23 lakh.  Initially respondent paid Rs.5 lakh to the opp.parties on 26.12.2007.  Subsequently, on 27.2.2008, respondents paid a further sum of Rs.4 lakh by way of cheque bearing No. 244517 drawn on State Bank of India, Puducherry Branch and cash of Rs.10 lakh towards the construction and sale of the said flat for which acknowledgement was received. 

        As on 27.2.2008, respondents paid a total sum of Rs.19 lakh towards sale consideration of the said flat. OPs failed to start construction of the flat.  Respondent issued notice for handing over the flat or refund of amount paid by them.

        On a notice issued by the State Commission, appellant in FA No. 755/2012 did not appear.  Appellant in FA 299/2012 entered appearance and stated that the complaint was not maintainable as Respondent No.1 agreed to withdraw from their purported contract within the completed period of contract.

        State Commission allowed the complaint in the following terms :

1.   The complainants are entitled to a sum of Rs.5,00,000/- with interest at 12% p.a. from 26.12.2007 till date of realization;

2.   The complainants are entitled to a sum of Rs.14,00,000/- with interest at 12% p.a. from 27.2.2008 till the date of realization;

3.   The complainants are entitled to a sum of Rs.1,00,000/- (Rupees one lakh only) towards compensation for mental agony and physical pain suffered by them;

4.   The complainants are entitled to a sum of Rs.50,000/- (Rupees fifty thousand only) towards cost;

5.   Since the opposite parties prima facie committed variouis offences as enumerated above, they are jointly and severally liable to pay exemplary cost also.  Opposite parties 1 to 4 are liable to pay a sum of Rs.50,000/- (Rupees fifty thousand only) each as exemplary cost payable to the U.T. of Puducherry Legal Services Authority, Puducherry and accordingly it is hereby ordered;

6.   Taking note of the past events and that the transactions was of the year 2007, it is further ordered for the speedy recovery of the decree amount in the following manner as per the particulars furnished by 4^th O.P.

i.             It is ordered to freeze all types of accounts of 1^st opposite party with Punjab National Bank, Puducherry forthwith;

ii.            It is ordered to freeze all types of accounts in the name of 2^nd opposite party with Punjab National Bank, Puducherry Branch forthwith;

iii.          It is ordered to freeze the OP No.1 company’s bank account No.2928002101804869 forthwith;

iv.          Any debit transaction with reference to accounts, under 1, 2 and 3 is ordered to be null and void from today onwards

v.           Till the entire decree amount is satisfied, the effect of the order in (1) to (4) will be in force.

Opp.party No.4 filed Appeal No.299/2012.  Opp.party No.1 has filed Appeal No.755/2012.  Since no stay had been granted, respondent filed execution petition which was numbered as E.P. No.2/2012 before the State Commission.  Counsel for the parties have brought to our notice that a settlement has been arrived at before the Executing Court.  Counsel for the appellant has put on record the Email receieved by her from Telesys Software Ltd. (OP No.1) which reads as under :

“The opp.parties have agreed to pay the complainant a sum of Rs.27,25,000/- in five installments.

The first instalment is on 15.2.2013 a sum of Rs.7,25,000/-

The second is on 15.3.2013 – Rs.5,00,000/-

3^rd is on 15.4.2013 – Rs.5,00,000/-

4^th is on 15.5.2013 – Rs.5,00,000/-

5^th is on 15.6.2013 – Rs.5,00,000/-

If any of the installment is not paid on the date mentioned this compromise memo is revoked and the complainant is at liberty to claim the full amount.”

        In view of the settlement arrived at between the parties, appeals have become infructuous and are disposed of as such.