Disposed

Shri B S Manjunath v. Deputy Commissioner

Karnataka HC1 Feb 2023WP/13725/2021

Case brief

AI extract

What is this about?

In two writ petitions, petitioners sought directions to state authorities to recover amounts forming part of a consumer commission decree. The Court directed petitioners to approach the Special Court constituted under the Karnataka Protection of Interest of Depositors Act, 2004, as the dispute was pending there. Petitions disposed.

What did the court decide?

Direction to approach the Special Court constituted under the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, within four weeks.

Shri B S Manjunath Vs Deputy Commissioner — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - WP No. 13613 of 2021 C/W WP No. 13725 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13613 OF 2021 (GM-CON)

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C/W

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WRIT PETITION NO. 13725 OF 2021(GM-CON)

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IN WP NO.13613/2021

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BETWEEN:

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SRI V.GAJENDRA BABU S/O LATE SRI VENKATESHALU NAIDU,. AGED ABOUT 67 YEARS,

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SHRI G.SUNIL KUMAR S/O SHRI V.GAJENDRA BABU, AGED ABOUT 37 YEARS,

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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BOTH RESIDING AT: R/AT NO.3/A,”GAJENDRA NILAYA”, RASINA FARMS ROAD, 5TH MAIN, DESHBANDHUNAGAR, DODDABOMMASANDRA, VIDYARANYAPURA POST, BENGALURU-560097

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…PETITIONERS

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(BY SRI S.BASAVARAJ, SENIOR ADVOCATE FOR SRI RAVI J., ADVOCATE)

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AND:

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DEPUTY COMMISSIONER BENGALURU DIVISION, K G ROAD, NEAR DISTRICT REGISTER OFFICE, BENGALURU-560009

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WP No. 13613 of 2021 C/W WP No. 13725 of 2021

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, K G ROAD, NEAR DISTRICT REGISTER OFFICE, BENGALURU-560009

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SPECIAL TAHSILDAR BENGALURU SOUTH TALUK, K G ROAD, BENGALURU-560009

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DREAMZ INFRA INDIA LTD REPRESENTED BY ITS MANAGING DIRECTOR MS DISHA CHOUDHARY, HAVING OFFICE AT NO.577/B, 2ND FLOOR, OUTER RING ROAD, TEACHERS COLONY, KORAMANGALA, NEAR SILK BOARD, BENGALURU-560034

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…RESPONDENTS

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(BY SRI N.KUMAR, AGA FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH VIDE ORDER DATED 07.10.2021)

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THIS WP FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECTING RESPONDENTS 1 TO 3 TO COMPLY WITH THE ORDER OF THE HONBLE STATE CONSUMER REDRESSAL COMMISSION DATED 27.02.2020 PASSED IN EXECUTION PETITION NO.98/2019 AND ETC.

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IN WP NO. 13725/2021

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BETWEEN:

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SHRI B S MANJUNATH S/O SHRI SIDDALINGAPPA, AGED ABOUT 41 YEARS, R/OF THORENAGASANDRA VILLAGE, MALATHAHALLI POST, BENGALURU NORTH, BENGALURU-562123

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3 - WP No. 13613 of 2021 C/W WP No. 13725 of 2021

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…PETITIONER

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(BY SRI S.BASAVARAJ, SENIOR ADVOCATE FOR SRI RAVI J., ADVOCATE)

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AND:

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DEPUTY COMMISSIONER BENGALURU DIVISION, K G ROAD, NEAR DISTRICT REGISTER OFFICE, BENGALURU-560009

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION,. K G ROAD, NEAR DISTRICT REGISTER OFFICE, BENGALURU-560009

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SPECIAL TAHSILDAR BENGALURU SOUTH TALUK, K G ROAD, BENGALURU-560009

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DREAMZ INFRA INDIA LTD REPRESENTED BY ITS MANAGING DIRECTOR, MS DISHA CHOUDHARY, HAVING OFFICE AT NO.577/B, 2^ND FLOOR, OUTER RING ROAD, TEACHERS COLONY, KORAMANGALA, NEAR SILK BOARD, BENGALURU-560034

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…RESPONDENTS

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(BY SRI N.KUMAR, AGA FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH VIDE ORDER DATED 10.08.2021)

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THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 TO R3 TO COMPLY WITH THE ORDER OF THE HONBLE STATE CONSUMER REDRESSAL COMMISSION DATED 27.02.2020 PASSED IN EXECUTION PETITION NO.97/2019 VIDE ANNEXURE-D AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in both these petitions, are before this

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Court seeking the following prayer:

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a) directing respondents 1 to 3 to comply with the order of the Hon’ble State Consumer Redressal Commission dated 27/02/2020 passed in Execution Petition No.98/2019;

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b) directing respondents 1 to 3 to, at the earliest, deposit the amount of Rs.10.00 Lakhs with interest at the rate of 12% p.a., amounting to Rs.18,08,000/- (Rupees Eighteen Lakh Eight Thousand Only), as on 12.06.2020, as per the Certificate of Non-satisfaction of Decree / Order, dated 12.06.2020 Vide Annexure – F, issued by the Karnataka State Consumer Disputes Redressal Commission, in Execution Petition No.98/2019, in Complaint Bo.131/2016, before the Hon’ble Karnataka State Consumer Redressal Commission, along with future interest @ 12% per annum, from 12.06.2020, for being disbursed to the petitioners; and

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c) to pass such other order or orders as this Hon’ble Court deems fit to pass under the facts and circumstances in the interest of justice and equity.”

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Heard Sri S. Basavaraj, learned senior counsel for the

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petitioners, Sri N. Kumar, learned Additional Government Advocate for respondent Nos.1 to 3, in both the petitions.

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Brief facts of the case that leads the petitioners to this

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Court, as borne out from the pleadings are as follows:

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The petitioners and respondent No.4 enter into a memorandum of understanding and on certain grievance with regard to deficiency of service, approached the Karnataka State Consumer Dispute Redressal Commission (‘the Commission’ for short) in complaint No.131/2016. The complaint comes to be allowed in favour of the petitioners, against which an execution petition was filed before the Commission in Execution Petition No.98/2019. The Commission in terms of its order dated 27.02.2020, allows the execution petition No.98/2019 by issuing a certificate of recovery, which reads as follows:

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“Certificate of Non-satisfaction of Decree/Order

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(Under section 25(3) of Consumer Protection Act)

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Certified that the decree/order passed by the Commission on 14/02/2019 in the Complaint No.131/2016 in favour of the complainants is not yet satisfied. A certified copy of the Decree and Order is appended here with Vide Annexure 1.

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It is Decreed that the Judgement Debtors / Respondents are jointly and severally should pay to the complainants Rs.10,00,000/- (Ten Lakhs Rupees only) with interest @ 12% p.a. from 03.05.2014 till

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6 - WP No. 13613 of 2021 C/W WP No. 13725 of 2021

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reliazation. Further a sum of Rs.50,000/- (Fifty Thousand only) as toward Compensation & the PO are liable to pay Rs.25,000/- as cost of the proceedings. Hence recovery sum of Rs.18,08,000/- + accrued future interest from 13.06.2020 till payment as per order of Land Revenue Dues and transfer the same to this commission.

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BY ORDER OF THE STATE COMMISSION,

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Sd/- 12.06.2020

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REGISTRAR CUM ADMN. OFFICER,

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K.S.C.D.R.C. Bangalore: 560 001.”

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The said certificate of recovery is forwarded to the Deputy Commissioner on 12.06.2020. Pursuant to which, the Deputy Commissioner issues an Official Memorandum dated 17.06.2020, directing the concerned to recover the amount of arrears of land revenue. The same is not considered in the light of the issues arising out of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, before the Special Court. Therefore, the petitioners have to approach the Special Court before whom all the dispute arising out of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, is pending adjudication.

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WP No. 13613 of 2021 C/W WP No. 13725 of 2021

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The Special Court so constituted to redress all the

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grievances brought before it, shall consider the grievance of the petitioners, if the petitioners would approach the Special Court

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within four weeks, from today. The Special Court after hearing the parties shall pass appropriate orders within three months from the date on which, the petitioners approaching the Special Court.

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With the aforesaid observations, the petition stands

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disposed.

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Sd/JUDGE

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NVJ List No.: 1 Sl No.: 35

Shri B S Manjunath v. Deputy Commissioner

Case brief

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Shri B S Manjunath v. Deputy Commissioner

Case brief

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