- 1 - HC-KAR NC: 2026:KHC:2783-DB WP No. 648 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 648 OF 2024 (GM-CON) BETWEEN: 1. KENCHAPPA S/O NAARSHAPPA, SINCE DEAD BY LRS SMT. RAJAMMA, W/O LATE KENCHAPPA, AGED ABOUT 55 YEARS, 2. MISS BHAGYAMMA D/O LATE KENCHAPPA, AGED ABOUT 35 YEARS, 3. KUMARA S/O LATE KENCHAPPA, AGED ABOUT 32 YEARS, 4. BASAVARAJA S/O LATE KENCHAPPA, AGED 28 YEARS, ALL ARE AGRICULTURISTS, RESIDENTS OF KALKERE, BALLALASAMUDRA POST, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577597 …PETITIONERS (BY SRI. A.V. GANGADHARAPPA., ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2783-DB WP No. 648 of 2024 AND: 1. M/S CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD REPRESENTED BY BRANCH MANAGER, OPP: NEELAKANTESHWARA TEMPLE, 2ND FLOOR, B.D.ROAD, CHITRADURGA - 577501. 2. AUTHORISED SIGNATORY M/S CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD., JAYADEVA CIRCLE, SAMPIGE ROAD, DAVANAGERE - 577 001 …RESPONDENTS (R1 & R2 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER DATED 04/07/2023 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT BENGALURU IN APPEAL NO.1212/2019, CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-C AND BE PLEASED TO DIRECT THE DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM, CHITRADURGA TO PAY THE AMOUNT IN DEPOSIT TO PETITIONERS IN C.C.NO.140/2018, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:2783-DB WP No. 648 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the order dated 04.07.2023 passed in Appeal No.1212/2019 by the Karnataka State Consumer Disputes Redressal Commission at Bengaluru, which was filed by the respondents herein. 2. The consumer complaint No.140/2018 came to be filed by one K. Kenchappa against the respondents alleging deficiency in payment of loan amount of Rs.5,30,000/- for purchasing TAFE Ferguson Tractor bearing Registration No.KA-16 TB-5029. The District Consumer Commission reduced the demand to Rs.2,00,000/-, whereas the claim of the respondents/Finance Company was for Rs.4,03,681/-. 3. Aggrieved by the said order passed by the District Consumer Commission, the respondents/Finance Company filed the appeal before the State Commission. The State Commission noticed that during the pendency of the appeal, the complainant had died and his legal heirs were not brought on record. It was also noticed by the State Commission that - 4 - HC-KAR NC: 2026:KHC:2783-DB WP No. 648 of 2024 there was no evidence to support that the loan amount of Rs.5,30,000/- was disbursed to the deceased for purchasing the vehicle in question. 4. In view thereof, the appeal was dismissed on the ground of abatement and on merits. However, the amount deposited by the complainant was directed to be transmitted to the concerned District Commission for payment to the appellant. 5. Section 58 of the Consumer Protection Act, 2019 provides effective statutory remedy of revision before the National Commission and in the presence of statutory remedy of revision, we do not want to entertain this writ petition. Thus, the writ petition is liable to be dismissed on the ground of effective statutory alternative remedy available to the petitioners. 6. We also fail to understand as to how a person can be aggrieved against an order of dismissal of the appeal filed by the respondent. The petitioners never came before the State Commission against the reduction of the loan amount from Rs.4, 03,681/- to Rs.2,00,000/- by the District Commission. - 5 - HC-KAR NC: 2026:KHC:2783-DB WP No. 648 of 2024 7. We therefore, dismiss this petition not only on the ground of availability of statutory remedy of revision, but also on merit. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG List No.: 1 Sl No.: 20