KERALA  STATE  CONSUMER  DISPUTES  REDRESSAL   COMMISSION  VAZHUTHACADU    THIRUVANANTHAPURAM

                                     APPEAL  NO: 186/2010

JUDGMENT DATED:17..07..2010.

PRESENT

SMT.VALASALA SARANGADHARAN  : MEMBER

SHRI. S.CHANDRAMOHAN NAIR                   : MEMBER

P.A.Ajithkumar,

‘Menon & Kartha’, Advocates,

Kocheneth Buildings,                                           : APPELLANT

Palarivattom, Ernakulam,

Kochi – 682 025.

(By Adv:Sri.S.M.Prem & K.P.Santhi)

            Vs.

1.         M/s Spectrum Softech Solutions (P)Ltd.,

Mahakavi G.Road, Cochin-682011,

Kerala R/by its Chief Executive Officer,

Sri.Manoj Padmanabhan.

            (By Adv.Sri.Narayan.R)

                                                                        : RESPONDENTS

2.         Biju P.Thomas,

Advocate, 40/6564,

K.V.Vittappa Prabhu Road,

Ernakulam, Kochi-35.

JUDGMENT

SMT.VALASALA SARANGADHARAN  : MEMBER

The above appeal is preferred from the order passed by the CDRF, Ernakulam in CC.241/08.  As per the said order the appellant/1^st opposite party and the 2^nd opposite party are made liable to pay Rs.70,252/- with interest and costs and the appellant  is also directed to refund a sum of Rs.17,560/-.  It is against the said order this appeal is preferred by the 1^st opposite party.

During the pendency of this appeal the matter has been settled by the parties and a compromise memo is filed by the appellant and the respondents 1 and 2.  As per the said compromise the 1^st respondent/complainant is permitted to appropriate the sum of Rs.25,000/- deposited by the appellant in EA.56/09 on the file of CDRF, Ernakulam. It is also agreed that the 1^st respondent/ complainant will be at liberty to withdraw Rs.25,000/- which has been deposited by the appellant before this State Commission in the present appeal.  The balance of Rs,25,000/- will be paid to the 1^st respondent by the appellant within one month from this date.  Thus 1^st respondent/complainant is entitled to get a total of Rs.75,000/- and that the 1^st respondent/complainant agreed to withdraw all other proceedings including the complaint pending before the Bar counsel of Kerala and report full and final settlement of the matter between the parties.

The aforesaid compromise memo dated:17-07-2010 is recorded and a compromise decree is passed as follows:-

a)                           The 1^st respondent/complainant is allowed to appropriate the sum of Rs.25,000/- deposited by the appellant in EA.56/09 on the file of CDRF, Ernakulam.

b)                           The 2^nd respondent/complainant is also permitted to withdraw Rs.25,000/- which has been deposited by the appellant in this appeal.

c)                           The appellant will pay Rs.25,000/- to the 1^st respondent/complainant within one month from this date and the said payment can be made through CDRF, Ernakulam.

Thus the decree passed in CC.241/08 on the file of CDRF, Ernakulam is satisfied and the matter is closed as settled.

The 1^st respondent/complainant has to withdraw all other proceedings including the complaint in CP.No.79/09 pending before the Bar counsel of Kerala on getting Rs.25,000/- from the appellant within one month as stated above.

In the result the appeal is disposed as settled vide compromise memo dated:17/7/2010.

VALASALA SARANGADHARAN  : MEMBER

S.CHANDRAMOHAN NAIR : MEMBER

VL.