- 1 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 106166 OF 2024 (GM-CON) C/W WRIT PETITION NO. 106158 OF 2024 (GM-CON) WRIT PETITION NO. 106159 OF 2024 (GM-CON) WRIT PETITION NO. 106328 OF 2024 (GM-CON) IN W.P.No. 106166/2024 BETWEEN: 1. SMT. DIVYA W/O. VIKAS. VIBHUTI AGE: 39 YEARS, OCC: BUSINESS/ HOUSEHOLD R/O: H.NO.1, RAJ VIDYASHRAMA NAGALINGA NAGAR, ANAND NAGAR ROAD, OLD-HUBBALLI, HUBBALLI-580024. …PETITIONER (BY SRI. S L MATTI, SRI. S. D. KULAGI SRI. SRI RAVINDRA S KARADI. ADVOCATES) AND: 1. M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUARE, STATION ROAD, HUBBALLI, BY ITS PARTNER. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER 2. ANAND S/O. UMMASA HABIB AGE: 42 YEARS, OCC: HOUSEHOLD, PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUARE STATION ROAD, HUBBALLI. 3. SANTOSH S/O PARASHURAM HABIB AGE: 37 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI, NOW RESIDINT AT H.NO.138 NEAR HIREGOUDAR HOSPITAL KOTILING NAGAR, HUBBALLI-580024 4. SMT. VIDYA W/O. ANAND HABIB AGE: 35 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI. 5. SMT. GEETA W/O PRAKASH HABIB AGE: 33 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O.H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI. …RESPONDENTS (BY SRI. S.S. NIRANJAN,ADV FOR R1 AND R2 NOTICE TO R3 HELD SUFFICIENT.) - 3 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER THEREBY SETTING ASIDE OR QUASH THE IMPUGNED ORDER IN APPEAL NO. 2177/2024 DATED 02.08.2024 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGLURU VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION AND ETC. WRIT PETITION NO. 106158 OF 2024 BETWEEN: 1. DATTATRAYA S/O. VISHWANATH. JOSHI AGE: 47 YEARS, OCC: SERVICE, R/O: H. NO.46, SRI SIDDHAROODHA NAGAR NEAR HUBALLI, NOW RESIDING AT NO.37/B SRI NIDHI, GURUDEV NAGAR, RAJNAGAR HUBALLI-580032. 2. SMT. CHANDRIKA W/O. DATTATRAYA. JOSHI, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: H. NO.46, SRI SIDDHAROODHA NAGAR NEAR HUBALLI, NOW RESIDING AT NO.37/B SRI NIDHI, GURUDEV NAGAR, RAJNAGAR HUBALLI-580032. …PETITIONERS (BY SRI. S L MATTI, SRI. S. D. KULAGI SRI. SRI RAVINDRA S KARADI. ADVOCATES) AND: 1. M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUIRE, STATION ROAD, HUBBALLI, - 4 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER BY ITS PARTNER 2. ANAND S/O. UMMASA HABIB AGE: 42 YEARS, OCC: HOUSEHOLD, PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUIRE, STATION ROAD, HUBBALLI. 3. SANTOSH S/O PARASHURAM. HABIB AGE: 37 YEARS,OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI, NOW RESIDINT AT H.NO.138 NEAR HIREGOUDAR HOSPITAL,KOTILING NAGAR, HUBBALLI-580024 4. SMT. VIDYA W/O. ANAND. HABIB AGE: 35 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI-580024 5. SMT. GEETA W/O PRAKASH HABIB AGE: 33 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O.H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI-580024. …RESPONDENTS - 5 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER (BY SRI. S.S. NIRANJAN,ADV FOR R1 AND R2 NOTICE TO R3 HELD SUFFICIENT.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER THEREBY SETTING ASIDE OR QUASH THE IMPUGNED ORDER IN APPEAL NO. 2174/2024 DATED 02.08.2024 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGLURU VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION AND ETC. WRIT PETITION NO. 106159 OF 2024 BETWEEN: 1. SMT. BHAVANA W/O. PRABHAKAR. KULKARNI AGE: 56 YEARS, OCC: HOUSEHOLD R/O: H.NO.49/1, RAICHUR BLDG, III CROSS, HEGHERI, OLD-HUBALL, HUBALLI, NOW RESIDING AT FLAT NO.G-1, SHRI SHAMBHAVI RESIDENCY, NEAR VINAYAK GARDEN, RAJATAGI, DHARWAD-580004 …PETITIONER (BY SRI. S L MATTI, SRI. S. D. KULAGI SRI. SRI RAVINDRA S KARADI. ADVOCATES) AND: 1. M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, - 6 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER LAXMI BALAKRISHNA SQUIRE, STATION ROAD, HUBBALLI, BY ITS PARTNER 2. ANAND S/O. UMMASA HABIB AGE: 42 YEARS, OCC: HOUSEHOLD, PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUIRE STATION ROAD, HUBBALLI. 3. SANTOSH S/O PARASHURAM HABIB AGE: 37 YEARS,OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI, NOW RESIDINT AT H.NO.138 NEAR HIREGOUDAR HOSPITAL KOTILING NAGAR, HUBBALLI-580024 4. SMT. VIDYA W/O. ANAND HABIB AGE: 35 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI. 5. SMT. GEETA W/O PRAKASH HABIB AGE: 33 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O.H.NO.13, SRINIVAS NAGAR, - 7 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI …RESPONDENTS (BY SRI. S.S. NIRANJAN,ADV FOR R1 AND R2 NOTICE TO R3 HELD SUFFICIENT.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER THEREBY SETTING ASIDE OR QUASH THE IMPUGNED ORDER IN APPEAL NO. 2176/2024 DATED 02.08.2024 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGLURU VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION AND ETC. WRIT PETITION NO. 106328 OF 2024 BETWEEN: 1. RAVEENDRA S/O. VENKATESH. DESHPANDE, AGE: 47 YEARS, OCC: SERVICE, R/O: H. NO.3, SRINIVAS NAGAR, NEAR SIDDHARUDH MATH, OLD-HUBALLI, HUBALLI, NOW RESIDING AT NO. 209, 1ST FLOOR, KUNDGOL COMPLEX NEAR OLD COURT, HUBALLI-580029. 2. SMT. SHOBHA W/O. RAVEENDRA. DESHPANDE, AGE: 41 YEARS, OCC: HOUSE HOLD, R/O: H. NO.3, SRINIVAS NAGAR, - 8 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER NEAR SIDDHARUDH MATH, OLD-HUBALLI, HUBALLI, NOW RESIDING AT NO. 209, 1ST FLOOR, KUNDGOL COMPLEX NEAR OLD COURT, HUBALLI-580029. …PETITIONERS (BY SRI. S L MATTI, SRI. S. D. KULAGI SRI. SRI RAVINDRA S KARADI. ADVOCATES) AND: 1. M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUIRE, STATION ROAD, HUBBALLI, BY ITS PARTNER 2. ANAND S/O. UMMASA HABIB AGE: 42 YEARS, OCC: HOUSEHOLD, PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES, NO.135 AND 136, UGF, II FLOOR, LAXMI BALAKRISHNA SQUIRE, STATION ROAD, HUBBALLI. 3. SANTOSH S/O PARASHURAM. HABIB AGE: 37 YEARS,OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI, NOW RESIDINT AT H.NO.138 NEAR HIREGOUDAR HOSPITAL,KOTILING NAGAR, HUBBALLI-580024 - 9 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER 4. SMT. VIDYA W/O. ANAND. HABIB AGE: 35 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O:H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI-580024 5. SMT. GEETA W/O PRAKASH HABIB AGE: 33 YEARS, OCC: HOUSEHOLD PARTNER OF M/S. SRI RENUKA LAKSHMI ASSOCIATES R/O.H.NO.13, SRINIVAS NAGAR, NEAR SIDDARUDH MATH, OLD-HUBBALLI HUBBALLI-580024. …RESPONDENTS (BY SRI. S.S. NIRANJAN,ADV FOR R1 AND R2 NOTICE TO R3 HELD SUFFICIENT.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER THEREBY SETTING ASIDE OR QUASH THE IMPUGNED ORDER IN APPEAL NO.2175/2024 DATED 02.08.2024 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGLURU VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 10 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioners have called in question the corresponding orders by the Karnataka State Consumer Disputes Redressal Commission, Bangalore [for short, the 'State Commission'], at the instance of the respondents. The details of the writ petitions and the complaints with the District Consumer Disputes Redressal Commission [for short, the 'District Commission'] are as follows:- WRIT PETITION NO. COMPLAINT NO. W.P.No.106166/2024 CC/17/2021 W.P.No.106158/2024 CC/16/2021 WP No.106159/2024 CC/15/2021 WP No.106328/2024 CC/18/2021 - 11 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER 2. The petitioners’ grievance as against the aforesaid orders is because of the following: [a] they have succeeded in their complaint with the District Consumer Disputes Redressal Commission with the respondents being directed to refund the advance amounts paid by them for purchase of plots along with the compensation as determined towards agony and cost of litigation, [b] they have instituted execution proceedings, and during the pendency of the execution proceedings, the respondents have tendered certain amounts, [c] thereafter, the respondents have filed their appeals as against the District Commission’s orders, [d[ in these proceedings, they and the respondents have agreed to receive certain amount and the respondents - 12 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER have also deposited certain amounts thereafter, [e] they have filed applications for issuance of process because the respondents have deliberately defaulted despite compromise, [f] the District Commission has issued bailable warrant and the respondents have called in question such order in the corresponding appeals, and the State Commission, by the impugned order, has recalled the coercive measures granting six months time to the respondents to tender the amount agreed. 3. 3. Sri S.L. Matti, the learned counsel for the petitioners, submits that this Court must interfere with the State Commission’s order because it is without any opportunity to the petitioners, and Sri S.S. Niranjan, the learned counsel for some of the respondents, submits that the petitioners can file for - 13 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER review under the Consumer Protection Act, 2019, and therefore, this Court must not intervene. 4. However, both the learned counsels cannot dispute that six months period allowed by the State Commission has lapsed and the petitioners will be at liberty to prosecute the pending execution proceedings. This Court in the light of these turn of events is not inclined to enter into the merits of the rival contentions and is of the considered view that the petitions must be disposed of without prejudice to the petitioners’ right to prosecute the respective execution proceedings. 5. At this stage, Sri S.L.Matti submits that the respondents have only procrastinated paying the amount, and this Court must make certain observations about such conduct, but that is an aspect that must be considered by the District Commission while examining the aspect of cost. With all just liberty in this regard, these petitions stand - 14 - NC: 2025:KHC-D:1621-DB WP No. 106166 of 2024 C/W WP No. 106158 of 2024 WP No. 106159 of 2024 AND 1 OTHER disposed of, observing that the petitioners will be at liberty to prosecute the execution proceedings. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/CT: VG LIST NO.: 1 SL NO.: 18