- 1 - HC-KAR NC: 2025:KHC:29500 WP No. 22940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22940 OF 2025 (GM-CON) BETWEEN: TALACAUVERY HOUSE BUILDING CO OPERATIVE SOCIETY LTD OFFICE AT NO. 3/3, 2ND FLOOR, VAMSH HEIGHT APARTMENTS, 4TH CROSS, NEHRU NAGAR, BENGALURU 560020 REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETIES ACT 1959. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER H. N. RAVISHANKAR, S/O. NAGANNA, AGED 53 YEARS, R/A 3/2, 2ND FLOOR, VANSH HEIGHT APARTMENT, 4TH CROSS, NEHRU NAGAR, BENGALURU - 560020. …PETITIONER (BY SRI. GAURAV G.K.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29500 WP No. 22940 of 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS ROOM NO. 141/142, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU URBAN, 8TH FLOOR, CAUVERY BHAVAN, BWSSB BUILDING, BENGALURU URBAN - 560009 REPRESENTED BY REGISTRAR. 3. SMT. SUMA. V, W/O. S. SHANAKARA NARAYAN, AGED 59 YEARS, R/AT. NO. 22, 14TH CROSS, 22ND MAIN, PADMANABHANAGAR, BANGALORE - 560070 PRESENTLY R/AT. NO. 2191, 19TH FLOOR, LEARNING TO FLY, 17TH CROSS, 29TH MAIN ROAD, J.P.NAGAR, 6TH PHASE, BENGALURU - 560078 ON BEHALF OF HER SON, LATE MR. ADEEP. S, S/O. S. SHANKARA NARAYAN. 4. KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION AT GROUND FLOOR, - 3 - HC-KAR NC: 2025:KHC:29500 WP No. 22940 of 2025 BASAVA BHAVAN, SRI BASAVESHWARA CIRCLE, HIGH GROUNDS, SHIVAJI NAGAR, BENGALURU - 560001 REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A) QUASH ALL PROCEEDINGS IN EXECUTION APPLICATION NO.45/2025 PENDING BEFORE THE RESPONDENT NO. B) TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 05.07.2025 PASSED BY THE RESPONDENT NO. 2 IN EP NO. 45/2025 ANNX-A. C) ISSUE DIRECTION TO THE RESPONDENT NO. 4- STATE COMMISSION TO PERMIT THE PETITIONER NO. 1 SOCIETY TO FILE AN APPEAL AGAINST THE ORDER DATED 28.10.2024 PASSED BY THE RESPONDENT NO. 2 IN C.C.NO. 02/2024 WITHOUT INSISTING ON PAYMENT OF ANY STATUTORY DEPOSIT ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:29500 WP No. 22940 of 2025 ORAL ORDER The petitioner, a Co-operative Society, that has to answer directions by the District Consumer Disputes Redressal Commission, Bengaluru Urban [for short, 'the Forum'], is aggrieved by the Forum's decision to take cognizance to convert enforcement proceedings into a complaint and issuing summons to the petitioner. The Forum's order is dated 05.07.2025 and is in Execution Petition No.45/2025 on the District Consumer Disputes Redressal Commission, Bengaluru Urban [for short, 'the Consumer Forum']. The extract of the impugned order is as follows: "JDr Counsel P.T. DHr & counsel present filed petition u/s. 72 of CP Act & U/s. 223 of BNSS. Hence, the statement of DHr recorded, as PW1. Ex.P1 is marked. Hence, EP is converted into criminal complaint. Cognizance taken. Issue summons to JDr through RPAD, if complied." - 5 - HC-KAR NC: 2025:KHC:29500 WP No. 22940 of 2025 Sri Gaurav G K, the learned counsel for the petitioner, and Sri Rahul Cariappa, a learned Additional Government Advocate, who is called upon to accept notice for the first respondent, are heard. Sri Gaurav G K submits that this Court must intervene with the impugned order on grounds such as that the Forum could not have taken cognizance given the appellate remedy available to the petitioner and the petitioner's own circumstances. The learned counsel seeks to elaborate based on the grounds set forth in the memorandum of the writ petition. However, this Court is of the considered view that the Forum before proceeding to convert the execution petition into a complaint and taking cognizance ought to have heard the petitioner and passed a reasoned order. Hence there is ground for interference but for the limited extent of disposing of the petition with liberty to the petitioner to file an application for recall of the order leaving open all - 6 - HC-KAR NC: 2025:KHC:29500 WP No. 22940 of 2025 contentions to be urged by the petitioner. Further, this Court is of the view that there cannot be any precipitation until the petitioner's application, if filed in terms of this liberty, is decided. In the light of the afore opinion, the following: ORDER [a] The petition stands disposed of reserving liberty to the petitioner to file an application in the pending execution application with the Forum. [b] It is observed that all questions are left open and that there should be no precipitation if the petitioner files application in terms of liberty within six [6] weeks from today. Sd/- (B M SHYAM PRASAD) JUDGE AN/-