- 1 - NC: 2025:KHC:5877 WP No. 1246 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1246 OF 2023 (GM-CON) BETWEEN: M/S. GOKULAM SHELTERS PVT LTD REGISTERED OFFICE AT GOKULAM COMPLEX 8TH MILE DODDAKALLASANDRA POST VASANTHAPURA VILLAGE KANAKAPURA MAIN ROAD BENGALURU -560052 REP. BY ITS AUTHORIZED SIGNATORY SRI SHAMA SUNDER RANGASWAMY MUDUKTHORE S/O RANGASWAMY MUDUKTHORE AGED ABOUT 63 YEARS INCORPORATED UNDER THE COMPANIES ACT, 1956 …PETITIONER (BY SMT. VANI H., ADVOCATE) AND: 1. NAGABHUSHAN K J S/O JANARDHANA SWAMY AGED ABOUT 55 YEARS R/AT B-704 MANTRI SERENITY KANAKAPURA ROAD DODDAKALLASANDRA SUBRAMANYAPURA BENGALURU KARNATAKA -560062. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5877 WP No. 1246 of 2023 2. SMT SAVITHA BHUSHAN N W/O SRI NAGABHUSHAN K J AGED ABOUT 42 YEARS R/AT B-704 MANTRI SERENITY KANAKAPURA ROAD DODDAKALLSANDRA SUBRAMANAYAPURA BENGALURU KARNATAKA -560062. 3. 4. M/S CASTLES VISTA PRIVATE LIMITED FORMERLY KNOWN AS M/S MANTRI CASTLES PVT LTD REGISTERED OFFICE AT NO. 41 MANTRI HOUSE VITTAL MALLYA ROAD BANGALORE -560001 REPRESENTED BY ITS DIRECTOR THE UNION OF INDIA DEPARTMENT OF CONSUMER AFFAIRS THROUGH ITS SECRETARY ROOM NO.49, KRISHI BHAWAN, NEW DELHI-110001. …RESPONDENTS (BY SRI. ANAND R V., ADVOCATE FOR R1 & R2 SMT. VANDANA P.L., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF DECLARATION OR ANY OTHER WRIT TO DECLARE THE PROVISIONS OF SECOND PROVISION TO SECTION 41 OF THE CONSUMER PROTECTION ACT, 2019 MANDATING DEPOSIT OF 50 PERCENT OF THE AMOUNTS PAYABLE, AS VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION INSOFAR AS THE PETITIONERS CONCERNED AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:5877 WP No. 1246 of 2023 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This writ petition is filed by the petitioner, who is the landlord, aggrieved by the orders passed by the District Consumer Disputes Redressal Commission (Bangalore Urban), directing payment of compensation to respondents No.1 and 2, who are the home-buyers. 2. The main grievance of the petitioner is that although the landowner has nothing to do with the grievance of the home- buyers and it is only the developer who is required to redress the grievance of the home- buyers, nevertheless, since compensation is directed to be paid by the petitioner and the petitioner is required to deposit 50% of the Award amount before the State Consumer Forum, this writ petition has been filed. 3. Now, respondents No.1, 2 and 3 have filed a Joint Memo dated 21.10.2024 stating that respondent No.3 has agreed to pay a sum of Rs.29,63,135/- to respondents No.1 and 2 and respondent Nos.1 and 2 have agreed to - 4 - NC: 2025:KHC:5877 WP No. 1246 of 2023 receive the same in full and final settlement. In that view of the matter, learned Counsels for respondents No.1, 2 and 3 submit that the writ petition may be disposed of in view of the Joint Memo filed by respondents No.1, 2 and 3. 4. However, learned Counsel for the petitioner submits that the liberty may be reserved to the petitioner to raise a challenge to the second proviso to Section 14 of the Consumer Protection Act, 2019, if need be. 5. Accordingly, the writ petition stands disposed of in terms of the Joint Memo, while reserving liberty to the petitioner as prayed for. 6. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL