- 1 - HC-KAR NC: 2025:KHC:24019 WP No. 14643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14643 OF 2025 (GM-CON) BETWEEN: 1. SMT. LEENA ABRAHAM, W/O. BYJU JOSEPH, AGED ABOUT 42 YEARS, OCC: HOUSE WIFE. 2. KUMARI. NANMA JOSEPH, D/O. SMT. LEENA ABRAHAM AND BYJU JOSEPH, AGED ABOUT 07 YEARS, BOTH ARE RESIDING AT NO. A-901, BRIGADE GARDENIA APARTMENT, J.P NAGAR, 7TH PHASE, BANGALORE-560 078. PETITIONER NO.2 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LEENA ABRAHAM, THE COMPLAINANT NO. 1 HEREIN. …PETITIONERS (BY SMT. LEENA ABRAHAM, PARTY IN PERSON) AND: 1. AUGUSTA CLUB, A UNIT OF AUGUSTA CLUB PRIVATE LIMITED, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24019 WP No. 14643 of 2025 A UNIT OF AUGUSTA CLUB PRIVATE LIMITED IS AN INDIAN NON-GOVERNMENT COMPANY WITH REGISTRAR OFFICE CITY IN BENGALURU KARNATAKA STATE. BRIGADE GARDENIA CAMPUS, 8TH PHASE, J. P. NAGAR, BENGALURU, KARNATAKA 560 078. DIRECTOR VINEET VERMA, CORPORATE IDENTITY NUMBER (CIN) U74999KA2016PTC096214 REGD.OFF 29TH AND 30TH FLOOR, WORLD TRADE CENTER, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESWARAM- RAJAJINAGAR, BANGALORE-560 055. 2. AKARSH A. V., AGED ABOUT 45 YEARS, OPERATIONS MANAGER AUGUSTA CLUB, (A UNIT OF AUGUSTA CLUB PRIVATE LIMITED) BRIGADE GARDENIA CAMPUS, 8TH PHASE, J. P. NAGAR, BENGALURU, KARNATAKA 560 007. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA BY PARTY-IN-PERSON PRAYING TO SET ASIDE THE ORDER DATED 17.03.2025 PASSED BY THE IV ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU WHERE THE COMPLAINT CC NO. 3/2024 IS DISMISSED AND ETC., - 3 - HC-KAR NC: 2025:KHC:24019 WP No. 14643 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have called in question the correctness of the order passed in Consumer Complaint No.3/2024, whereby the complaint of the complainant came to be rejected. 2. Petitioners submit that the order is passed without taking note of the contentions of the petitioners in proper perspective. It is submitted that the entitlement of petitioners has not been considered appropriately. 3. While noticing that as against the order of the District forum, there is a statutory remedy is available by way of proceedings under Section 41 of the Consumer Protection Act, the petition is disposed off as not calling for adjudication. 4. The registry to return certified copies of the documents after retaining Xerox copies for reference forthwith. - 4 - HC-KAR NC: 2025:KHC:24019 WP No. 14643 of 2025 5. All contentions of the petitioners are kept open. Petitioners submit they would seek for waives of deposit. This count cannot express any view regarding the same. 6. Time spent in the present proceedings may be taken note of, if appropriate proceedings before the State Forum are instituted. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS List No.: 1 Sl No.: 33