- 1 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 4599 OF 2026 (GM-CON) C/W WRIT PETITION NO. 4189 OF 2026 (GM-CON) WRIT PETITION NO. 4473 OF 2026 (GM-CON) IN WP No. 4599/2026 BETWEEN: M/S PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED., REPRESENTED BY ITS MANAGING DIRECTOR, SRI.PRAVEEN KUMAR.B.E S/O B.C. EKAMBARAM, AGED ABOUT 40 YEARS, HAVING OFFICE AT NO.13, 2ND CROSS, N.S.PALYA, BTM 2ND STAGE, BENGALURU - 560 076. ALSO AT NO.105, 9TH MAIN, S.R.NAIDU LAYOUT, OPPOSITE GOLDEN PARK APARTMENTS, HONGASANDRA, BENGALURU - 560 008. …PETITIONER (BY SRI. USHA M V., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 AND: 1. THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, REPRESENTED BY ITS REGITRAR- CUM-ADMINISTRATIVE OFFICER, BASAVA BHAVANA, SRI BASAVESHWARA CIRCLE, HIGH GROUNDS, BENGALURU - 560 001. 2. RIYA DUTTA, D/O DEBABRATA DUTTA, AGED ABOUT 31 YEARS, PREVIOUSLY RESIDING AT NO.1, 3RD CROSS, MANJUNATHA LAYOUT, R.T.NAGAR, BENGALURU - 560 032, PRESENTLY RESIDING AT MANIMA-2, 15A 13TH CROSS, MARUTHI LAYOUT, BHUVANESHWARI NAGAR, DASARAHALLI MAIN ROAD, KEMPAPURA, HEBBALA, BENGALURU - 560 024. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, SEEKING TO QUASH ORDER DATED:15.11.2025 PASSED IN EXECUTION PETITION No.45/2020 PENDING ON THE FILE OF KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT BENGALURU VIDE AT ANNEXURE-”A" ON THE PETITION FILED BY THE RESPONDENT AND ETC., - 3 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 IN WP NO. 4189/2026 BETWEEN: M/S PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED., REPRESENTED BY ITS MANAGING DIRECTOR, SRI.PRAVEEN KUMAR.B.E S/O B.C. EKAMBARAM, AGED ABOUT 40 YEARS, HAVING OFFICE AT NO.13, 2ND CROSS, N.S.PALYA, BTM 2ND STAGE, BENGALURU - 560 076. ALSO AT NO.105, 9TH MAIN, S.R.NAIDU LAYOUT, OPPOSITE GOLDEN PARK APARTMENTS, HONGASANDRA, BENGALURU - 560 008. CIN:U70109KA2011PTC061436 NIC CODE:7010 ...PETITIONER (BY SRI. USHA M V., ADVOCATE) AND: 1. THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION REPRESENTED BY ITS REGITRAR- CUM-ADMINISTRATIVE OFFICER, BASAVA BHAVANA, HIGH GROUNDS, SRI BASAVESHWARA CIRCLE, BENGALURU - 560 001. 2. SMT. AMISHA SINGH, D/O AMRENDRA NARAYANA SINGH, AGED ABOUT 37 YEARS, PRESENTLY RESIDING AT NO.316, USHODHAYA PALLAVI APARTMENTS, - 4 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 NEAR AYYAPPA SWAMI TEMPLE, BELATHUR, KADUGODI, BENGALURU - 560 067. ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO TO ISSUE A WRIT OF CERTIORARI, SEEKING TO QUASH ORDER DATED:15.11.2025 PASSED IN EXECUTON PETITION No. 47/2020 PENDING ON THE FILE OF KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT BENGALURU VIDE ANNEXURE-"A" ON THE PETITION FILED BY THE RESPONDENT No. 2 AND ETC. IN WP NO. 4473/2026 BETWEEN: 1. M/S PRABHAVATHI BUILDERS AND DEVELOPERS PVT LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SREPRAVEEN KUNAR.B.E SO B.C.EKAMBARAM, AGED ABOUT 40 YEARS, HAVING OFFICE AT NO.13, 2 CROSS, N.S.PALYA, STM 2ND STAGE, BENGALURU - 560 076. ALSO AT NO.105, 9TH MAIN, S.R.NAIDU LAYOUT, OPPOSITE GOLDEN PARK APARTMENTS, HONGASANDRA, BENGALURU - 560 008. ...PETITIONER (BY SRI. USHA M V.,ADVOCATE) AND: 1. THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, REPRESENTED BY ITS REGITRAR- CUM-ADMINISTRATIVE OFFICER, BASAVA BHAVANA, - 5 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 SRI BASAVESHWARA CIRCLE, HIGH GROUNDS, BENGALURU - 560 001. 2. SRI. RAGHAVENDRA MURTHY, S/O M. VASUDEV MURTHY, AGED ABOUT 44 YEARS, RESIDING AT NO.411, V.S.EPTIPME, OPP.TOP-N-TOWN SUPERMARKET, 6TH CROSS, KAGGADASAPURA, BENGALURU - 560 093. ...RESPONDENTS THIS WP IS FILED PRAYING TO ISSUE A WRIT OF CERTIORARI, SEEKING TO QUASH ORDER DATED:15.11.2025 PASSED IN EXECUTION PETITION NO.48/2020 PENDING ON THE FILE OF KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT BENGAULURU VIDE AT ANNEXURE-"A" ON THE PETITION FILED BY THE RESPONDENT. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) These three Writ Petitions are by the common Judgment Debtor in Execution Petition No.45/2020, 47/2020 and 48/2020 pending on the file of the Karnataka - 6 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 State Consumer Dispute Redressal Commission ('State Commission' for short), calling in question the entire proceedings. 2. The State Commission in the Execution Proceedings issued arrest warrant against the common Judgment Debtor in view of non-compliance of order passed by the State Commission in Complaints No.101/2017, 139/2017 and 77/2017, disposed of on similar date, that is, 09.10.2019. 3. Heard, the learned counsel appearing for the petitioner, in all the petitions. 4. The parties are referred to as per their ranking before the Executing Court. 5. The brief factual matrix leading to filing of these petitions are as under: The Decree Holders filed complaint against the common Judgment Debtor - respondent (petitioner herein) - 7 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 in Complaints No.101/2017, 139/2017 and 77/2017 alleging deficiency of service. The Judgment Debtor who is opponent No.1 in all the complaints, though served remained unrepresented. The State Commission after going through the entire material placed on record, allowed the complaints with cost of Rs.25,000/- against common Judgment Debtor (petitioner herein) and dismissed the complaint against opponents No.2 and 3. The State Commission directed the Judgment Debtor (opponent No.1 in the complaints) to refund an amount of Rs.7,50,000/- to the complainant respectively in all the complaints along with interest @ 18% per annum from the date of respective payment till the date of actual realization. Further directed the opponent No.1 to pay sum of Rs.2,00,000/- as compensation to each complainant. The direction of refund of amount is in a time bound manner, on failure, reserved liberty to each complainant to initiate recovery proceedings under Section 25 of the Consumer Protection Act, 1986 and also initiate Criminal - 8 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 proceedings under Section 27 of the Consumer Protection Act, 1986. 6. It is seen that the common Judgment Debtor has not preferred appeal against the order of the State Commission as provided under the provisions of the Consumer Protection Act. As there is failure on the part of the common Judgment Debtor to comply with the order passed by the State Commission, the complainant in each complaint initiated Execution Proceedings before the State Commission stated supra. 7. The State Commission issued arrest warrant against the Judgment Debtor as there is no compliance of the order despite several notice. As per the order sheet in Execution Petition, the Judgment Debtor is avoiding to appear in Execution Proceedings. The common Judgment Debtor is calling in question the Execution Proceedings in these Writ Petitions. - 9 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 8. Though the learned counsel for the petitioner tried to impress upon us that the Judgment Debtor is ready to deposit some amount in the event stay is granted, however to the query of the Court, learned counsel submits that no appeal as provided under the Act has been filed calling in question the order passed by the State Commission on the original complaint. This conduct of the petitioner clearly shows that he is engaging in delaying tactics under the pretext of depositing some partial amount and obtaining an interim order without filing any appeal provided under the Act. This conduct of the petitioner is nothing but abuse of process of Court, which cannot be permitted by lending a helping hand by this Court by exercising power under Article 226 of the Constitution of India. 9. The Writ Petitions sans merits and accordingly, they are dismissed. - 10 - HC-KAR NC: 2026:KHC:14545-DB WP No. 4599 of 2026 C/W WP No. 4189 of 2026 WP No. 4473 of 2026 10. Though these petitions deserve to be dismissed with costs, however, since the learned counsel appearing for the petitioner on query fairly submitted that no appeal has been filed. Considering the stand of the learned counsel in the Bar, there is no order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 10 ct-vn