Partly allowed

Shri Basavaraj S/O Shivappa Dhake v. Smt. Manjula W/O Manohar Karjinni

Karnataka HC29 Mar 2023WP/100423/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed three connecting writ petitions in part, setting aside the orders that vacated an interim suspension of sentences. The restored interim order prevents immediate recovery while the State Commission is directed to decide the consumer appeals within four months.

What did the court decide?

Writ petitions allowed in part; interim order of State Commission on suspension of sentence restored; direction to expedite and decide appeals within four months.

Shri Basavaraj S/O Shivappa Dhake Vs Smt. Manjula W/O… — Consumer Protection | Karnataka HC (2023)

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WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.100422 OF 2022 (GM-CON) C/W WRIT PETITION NO.100423 OF 2022 (GM-CON) WRIT PETITION NO.100425 OF 2022 (GM-CON)

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IN W.P.NO.100422 OF 2022

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BETWEEN:

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SHRI BASAVARAJ S/O SHIVAPPA DHAKE EX-CHAIRMAN OF SHRI BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT, BELAGAVI, AGE.52 YEARS, OCC. AGRICULTURE, R/O. CTS NO.3229, BASAVA CIRCLE CHIKODI, DIST. BELAGAVI-591201.

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench

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SHRI BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT BELAGAVI, REPRESENTED BY ITS CEO SHRI. BABURAO S/O DHANASHETTI YESHI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. CTS NO.3229, BASAVA CIRCLE CHIKODI, DIST. BELAGAVI-591 201.

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…PETITIONERS

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(BY SRI ANAND R.KOLLI, ADV.)

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AND:

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SHRI MANOHAR S/O SIDDAPPA KARJINNI AGE: 77 YEARS, OCC: RETIRED R/O. PLOT NO.2682, SECTOR NO.12, DOUBLE ROAD, M.M.EXTENSION BELAGAVI-590001.

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WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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SMT.BINA D/O MANOHAR KARJINNI AGE: 47 YEARS, OCC. R/O. PLOT NO.2682, SECTOR NO.12, DOUBLE ROAD, M.M.EXTENSION, BELAGAVI-590001.

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THE MANAGER BASAVAESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT, BELAGAVI, BRANCH OFFICE, ANJAYANA NAGAR, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI HANUMANTH RLLATUR, ADV. FOR R1 & 2 SRI MAHANTESH S.HIREMATYH, ADV. FOR R3)

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THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 03.01.2022 PASSED BY THE HON’BLE KARNATAKA STATE CONSUMER DISPUTE, RERESSAL COMMISSION, BENGALURU IN APPEAL NO.920/2021 VIDE ANNEXURE-F THEREBY VACATING THE INTERIM ORDER DATED 26.11.2021 REGARDING SUSPENSION OF SENTENCE ARISING OUT OF THE COMPLAINT FILED BY THE RESPONDENT NO.1 AND 2 BEFORE THE HON’BLE DISTRICT CONSUMER FORUM BELGAVI IN CR.C/763/2019 DATED 28.10.2021 VIDE ANNEXURE-F SO FAR AS PETITIONERS ARE CONCERNED AND SUCH OTHER RELIEFS.

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IN W.P.NO.100423 OF 2022

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BETWEEN:

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SHRI BASAVARAJ S/O SHIVAPPA DHAKE EX-CHAIRMAN OF SHRI BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT BELAGAVI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: CRS NO. 3229, BASAV CIRCLE CHIKODI, DIST: BELAGAVI-591201.

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SHRI BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT BELAGAVI REPRESENTED BY ITS ECO SHRI. BABURAO S/O DHANASHETTI YESHI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: CTS NO. 3229, BASAV CIRCLE, CHIKODI, DIST. BELAGAVI-590201.

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…PETITIONERS

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(BY SRI ANAND R KOLLI, ADV.)

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3 - WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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AND:

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SMT. MANJULA W/O MANOHAR KARJINNI AGE: 70 YEARS, CC: HOUSEWIFE, R/O:PLOT NO. 2682, SECTOR NO.12 DOUBLE ROAD, M.M.EXTENSION, BELAGAVI, BELAGAVI-590001.

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SHRI MANOHAR S/O SIDDAPPA KARJINNI AGE: 77 YEARS, OCC: RETIRED, R/O: PLOT NO. 2682, SECTOR NO.12, DOUBLE ROAD, M.M.EXTENSION, BELAGAVI-590001.

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THE MANAGER BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT, BELAGAVI, BRANCH OFFICE, ANJAYANA NAGAR, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI HANUMANTH RLLATUR, ADV. FOR R1 & 2 SRI MAHANTESH S.HIREMATYH, ADV. FOR R3)

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THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTIION OF IDNIA PRAYING THIS COURT TO ISSUE A WRIT OF CERTIORAI QUAHSING QUASH THE IMPUGNED ORDER DATED 03.01.2022 PASSED BY THE HONBLE KARNATAKA STATE CONSUMER DISPUTE, REDRESSAL COMMISSION, BENGALURU IN APPEAL NO.921/2021 VIDE ANNEXURE-F THEREBY VACATING THE INTERIM ORDER DATED 26.11.2021 REGARDING SUPENSION OF SENTENCE ARISING OUT OF THE COMPLAINT FILED BY THE RESPONDENT NO.1 AND 2 BEFORE THE HONBLE DISTRICT CONSUMER FORUM BELAGAVI IN CR.C/761/2019 DATED 28.10.2021 AND SUCH OTHER RELIEFS.

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IN W.P.NO.100425 OF 2022

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BETWEEN:

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SHRI BASAVARAJ S/O SHIVAPPA DHAKE EX-CHAIRMAN OF SHRI BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT BELAGAVI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: CRS NO. 3229, BASAV CIRCLE

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WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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CHIKODI, DIST: BELAGAVI-591201.

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SHRI BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT BELAGAVI REPRESENTED BY ITS ECO SHRI. BABURAO S/O DHANASHETTI YESHI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: CTS NO. 3229, BASAV CIRCLE, CHIKODI, DIST. BELAGAVI-590201.

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…PETITIONERS

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(BY SRI ANAND R KOLLI, ADV.)

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AND:

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SHRI MANOHAR S/O SIDDAPPA KARJINNI, AGE: 80 YEARS, OCC: RETIRED, R/O: PLOT NO. 2682, SECTOR NO.12, DOUBLE ROAD, M.M.EXTENSION, BELAGAVI-590001.

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SRI UMESHCHANDRA S/O MANOHAR KARJINNI, AGE : 43 YEARS, OCC: SERVICE, R/O: PLOT NO. 2682, SECTOR NO.12, DOUBLE ROAD, M.M.EXTENSION, BELAGAVI-590001.

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THE MANAGER BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT, BELAGAVI, BRANCH OFFICE, ANJAYANA NAGAR, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI HANUMANTH RLLATUR, ADV. FOR R1 & 2 SRI MAHANTESH S.HIREMATYH, ADV. FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT OF CERTIORARI QUASHING QUASH THE IMPUGNED ORDER DATED 03.01.2022 PASSED BY THE HON’BLE KARNATAKA STATE CONSUMER DISPUTE, REDRESSAL COMMISSION, BENGALURU IN APPEAL NO.919/2021 VIDE ANNEXURE-F THEREBY VACATING THE INTERIM ORDER DATED 26.11.2021 REGARDING SUSPENSION OF SENTENCE ARISING OUT OF THE COMPLAINT FILED BY THE RESPONDENT NO.1 AND 2 BEFORE THE HON BLE DISTRICT CONSUMER FORUM BELGAVI IN CR.C/762/2019 DATED 28.10.2021 SO FR AS PETITIONERS ARE CONCERNED AND SUCH OTHER RELIEFS.

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5 - WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in all these writ petitions are assailing the order dated 03.01.2022 passed by the Karnataka State Consumers Disputes Redressal Commission (“State Commission” for short) in Appeal Nos.920/2021, 921/2021 and 919/2021 respectively.

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The petitioners in these writ petitions feeling aggrieved by the judgment and order of conviction and sentence passed in C.C.Nos.763/2019, 761/2019 & 762/2019 respectively by the Consumer Forum, have preferred Appeal Nos.920/2021, 921/2021 and 919/2021 respectively. The State Commission, on examining the material on record was pleased to entertain the interim application filed by the petitioners and taking cognizance of the fact that the petitioners are likely to be arrested pursuant to order passed on 28.10.2021 deemed it fit to grant some protection to the petitioners.

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6 - WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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However, on 03.01.2022, the State Commission

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has vacated the interim order on the premises that the petitioners have indulged in suppressing the material facts. These orders are stayed by this Court in the writ proceedings and the said writ petition are pending since January-2022.

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In view of the interim order granted by this Court, the respondents/complainants are virtually denied recovery of the money, in terms of the order passed by the Consumer Forum in a batch of complaints.

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Therefore, it is in the interest of parties, more particularly the respondents/complainants, this Court deems it fit to set aside the orders under challenge and restore the interim order granted by the State Commission with a direction to expedite the matter and decide the appeals at the earliest.

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The question that pending consideration before

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the State Commission is as to whether the appellants

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7 - WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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therein are liable to undergo simple imprisonment for having failed to comply the orders as contemplated under Section 27 of the Consumers’ Protection Act.

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In view of the interim order granted by this Court, the proceedings pending in appeals before the State Commission are unnecessarily stalled. Therefore, this Court deems it fit to restore the order dated 26.11.2021. Hence, I pass the following;

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ORDER

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i) The writ petitions are hereby allowed in part.

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ii) Since parties are represented by their respective counsels they are at liberty to file a memo before the State Commission and expedite the matter.

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iii) It is made clear that the petitioners will not unnecessarily drag the matter taking undue advantage of restoration of interim order granted by the State Commission on 26.11.2021.

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8 - WP No.100422 of 2022 C/w WP No.100423 of 2022 WP No.100425 of 2022

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iv) The State Commission shall expedite the matter and decide the appeals in accordance with law within a period of four months from the date of receipt of certified copy of this order.

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SD/JUDGE

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List No.: 1 Sl No.: 0

Shri Basavaraj S/O Shivappa Dhake v. Smt. Manjula W/O Manohar Karjinni

Case brief

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Shri Basavaraj S/O Shivappa Dhake v. Smt. Manjula W/O Manohar Karjinni

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