- 1 - HC-KAR CNR: KAHC010573042026 NC: 2026:KHC:49422 WP No. 26203 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26203 OF 2026 (GM-CON) BETWEEN: 1. SRI.VISHWANATHA B S/O. K. PADMANABHA, AGED ABOUT 54 YEARS, R/AT SRI DURGA, RAMA NAGARA, BELTHANGADY TALUK D. K. 574 214 MOBILE NO.9448858012. 2. MR. KISHORE KUMAR, AGED ABOUT 46 YEARS, S/O RAMAKRISHNA, RESIDING AT RAGHAVENDRA NAGARA LAILA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT. 574 214. MOBILE NO. 9448300563 3. SMT. NAYANA SHIVAPRASAD, W/O SHIVAPRASAD, AGED ABOUT 53 YEARS, RESIDING AT SHIVANI KRIPA HOUSE, SUDEMUGERU, BELTHANGADY VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. 4. MR. SADANANDA M, S/O DEVAPPA M AGED ABOUT 68 YEARS, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010573042026 NC: 2026:KHC:49422 WP No. 26203 of 2026 RESIDING AT 2-118, MAPRI HOUSE, PANCHAYATH ROAD, PADUVARY POST AND VILLAGE, KUNDAPURA, UDUPI DISTRICT - 576 214. MOBILE NO. 9449591299 5. RATHNAKARA, AGED ABOUT 64 YEARS S/O PADMANABHA, R/AT BEHIND GOVT. PRE UNIVERSITY COLLEGE VENUR, VENUR VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214 MOBILE NO. 9611649175 …PETITIONERS (BY SRI. JITHIN JEIJO.,ADVOCATE) AND: ANIKA D SOUZA ALIAS ANIKA VEONNA D SOUZA MINOR AGED ABOUT 8 YEARS D/O MR VIVEK WILSON D SOUZA R/A 6-48 SOUZA NIVASA BELTHANGADY TALUK DK DISTRICT 574214 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE LEARNED DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MANGALURU, DAKSHINA KANNADA, IN CONSUMER COMPLAINT NO.340/2024, DATED 30.06.2026 AS PROVIDED IN ANNEXURE-A INSOFAR AS THE PETITIONERS ARE CONCERNED. - 3 - HC-KAR CNR: KAHC010573042026 NC: 2026:KHC:49422 WP No. 26203 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: i) Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the impugned judgment and order passed by the Learned District Consumer Disputes Redressal Commission, Mangaluru, Dakshina Kannada, in Consumer Complaint No.340/2024, dated 30.06.2026, as provided in Annexure-A insofar as the petitioners are concerned. ii) Issue such other writ, order, or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. It is forthcoming that the petitioners have called in question the order dated 30.06.20261 passed in Consumer Complaint No.340/2024 (Annexure-A to the writ petition) by the District Consumer Disputes Redressal Commission, 1 Hereinafter referred to as 'impugned order' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010573042026 NC: 2026:KHC:49422 WP No. 26203 of 2026 Mangaluru. A remedy of an appeal is available to the petitioners as contemplated under Section 23 of the Consumer Protection Act, 19862. 3. Learned counsel for the petitioners justifying the maintainability of the present petition relies upon the judgment of the Hon'ble Supreme Court in the case of State of Karnataka v. Vishwabharathi House Building Cooperative Society and Ors.3 Reliance is placed on the following passage of the judgment of the Hon'ble Supreme Court: "53. The provisions relating to power to approach appellate court by a party aggrieved by a decision of the forums/State Commissions as also the power of the High Court and this Court under Articles 226/227 of the Constitution of India and Article 32 of this Court apart from Section 23 of the Act provide for adequate safeguards. Furthermore, primarily the jurisdiction of the forums/Commissions is to grant damages. In the event, a complainant feels that he will have a better and effective remedy in a civil court as he may have to seek for an order of injunction, he indisputably may file a suit in an appropriate civil court or may take recourse to some other remedies as provided for in other statutes." 4. Although, it is the vehement contention of the learned counsel for the petitioners that the present writ petition 2 Hereinafter referred to as 'Act' 3 2003(2) SCC 412 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010573042026 NC: 2026:KHC:49422 WP No. 26203 of 2026 is maintainable, the invocation of the remedy under Article 226 of the Constitution of India being a discretionary one, and in view of the fact that the remedy of appeal is available to the petitioners as contemplated under Section 23 of the Act, this Court deems it expedient to dispose of the present petition reserving liberty to the petitioners to assail the impugned order by invoking the appeal remedy under Section 23 of the Act as noticed above. 5. The writ petition is disposed of with the aforesaid observations. 6. All rights and contentions of the parties are kept open to be agitated in an appropriate proceedings. 7. Pending IAs., if any, also stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 13 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA