- 1 - HC-KAR NC: 2026:KHC:13207 WP No. 4727 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.4727 OF 2026 (GM-CON) BETWEEN: MR.VISHWANATHA B S/O. K.PADMANABHA AGED ABOUT 54 YEARS R/AT SRI DURGA HOUSE, RAMA NAGARA BELTHANGADY TALUK D.K. - 574 214 MOBILE NO.9448858012 …PETITIONER (BY SRI.JITHIN JEIJO, ADVOCATE) AND: MR.VIVEK WILSON D'SOUZA S/O P.C. D'SOUZA AGED ABOUT 55 YEARS R/AT NO.6-48 SOUZA NIVASA BELTHANGADY TALUK D.K - 574 214 ADHAAR NO.4870 3501 6664 MOBILE NO.9945666138 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN CONSUMER COMPLAINT NO.312/2025 ON THE FILE OF LEARNED CONSUMER Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13207 WP No. 4727 of 2026 DISPUTES REDRESSAL COMMISSION MANGALORE D.K., FILED BY THE RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed by the one of the Director seeking quashing of the proceedings against the petitioner in Consumer Complaint No.312/2025 vide Annexure-B. 2. The respondent herein, who is the original complainant before the Consumer Forum, has instituted Consumer Complaint No.312/2025 against the present petitioner and the Society. In the said complaint, the respondent has sought a direction against the Directors of the Society and the Society itself to re-credit the matured amount of ₹78,400/- pertaining to Chethana Cash Certificate Receipt No.4103. The complainant has further sought payment of interest at the rate of 12% per annum from the date of maturity of the certificate, i.e., - 3 - HC-KAR NC: 2026:KHC:13207 WP No. 4727 of 2026 06.10.2024, till the date of actual payment. In addition to the said relief, the complainant has also claimed costs of the proceedings quantified at ₹10,000/- and compensation of ₹15,000/- on account of the alleged deficiency in service. 3. The present petitioner, who claims to be one of the Directors of the Society, has approached this Court seeking quashing of the proceedings pending before the Consumer Forum. The principal contention urged by the learned counsel for the petitioner is founded on the judgment rendered by the Hon’ble Apex Court in Chairman & Managing Director, City Union Bank Limited and Another vs. R. Chandramohan in Civil Appeal No.7289/2009. By placing reliance on the said judgment, the learned counsel has attempted to persuade this Court that the proceedings before the Consumer Forum are summary in nature and therefore, disputes involving allegations of tortious acts or criminal conduct such as fraud or cheating cannot be adjudicated by the - 4 - HC-KAR NC: 2026:KHC:13207 WP No. 4727 of 2026 Consumer Forum. Proceeding on that premise, it is contended that since the complaint allegedly rests on accusations of fraud and cheating, the Consumer Forum would lack jurisdiction to entertain the dispute and adjudicate the claim. 4. In light of the contention raised by the learned counsel for the petitioner, this Court has carefully and anxiously examined the averments made in the complaint filed by the respondent in Consumer Complaint No.312/2025. On a close reading of the complaint as a whole, this Court finds that the foundation of the grievance raised by the complainant is limited and specific. The complaint is instituted under Section 35 of the Consumer Protection Act, 2019 seeking payment of the matured amount of ₹78,400/- under Chethana Cash Certificate Receipt No.4103. The substance of the allegations made in the complaint is that the complainant had invested the said amount with the Society and upon maturity of the certificate on 06.10.2024, the Society has - 5 - HC-KAR NC: 2026:KHC:13207 WP No. 4727 of 2026 failed to re-credit or repay the matured amount to the complainant. The grievance essentially relates to non-payment of the matured deposit, which according to the complainant constitutes deficiency in service on the part of the Society and its functionaries. 5. Significantly, a careful perusal of the entire complaint would indicate that there are no specific pleadings alleging fraud, cheating, or any other criminal misconduct on the part of the petitioner or the Society. The complaint is essentially that of a depositor seeking recovery of the matured deposit amount together with interest and compensation for the alleged deficiency in service. Therefore, the contention of the petitioner that the complaint involves allegations of fraud or cheating is wholly misconceived and unsupported by the pleadings on record. Consequently, the reliance placed by the petitioner on the judgment of the Hon’ble Apex Court in Chairman & Managing Director, City Union Bank Limited and Another vs. R. Chandramohan (cited supra) is - 6 - HC-KAR NC: 2026:KHC:13207 WP No. 4727 of 2026 misplaced and has no application to the facts of the present case. The petitioner, who is one of the Directors of the Society, has thus made a feeble attempt to seek quashing of the proceedings pending before the Consumer Forum by invoking a principle that is clearly inapplicable to the present dispute. 6. In the absence of any jurisdictional error or legal infirmity in the initiation of proceedings before the Consumer Forum, this Court finds that the writ petition is devoid of merit. Accordingly, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 21