Company challenged NCDRC's dismissal of its revision petition against consumer forum orders directing refund of a deposit with interest. Since an identical claim by respondent's husband was upheld by this Court and the Supreme Court dismissed the SLP, the writ petition was dismissed as devoid of merit, with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:10884-DB WP No. 20103 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 20103 OF 2023 (GM-CON)
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
ALSO HAVING ITS CORPORATE OFFICE AT NO. 72, 73, 5TH CROSS, 5TH MAIN, OPPOSITE GOLAPURA BUS STOP SMALL SCALE INDUSTRIES CORPORATION RAJAJINAGAR, BENGALURU 560010
…PETITIONER
(BY SRI. POPAT PRASHANT DHARMASINH., ADVOCATE)
AND:
…RESPONDENT
(BY SRI. ADITHYA R CHAKRAGIRI .,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 27.07.2023 PASSED BY THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI, IN REVISION PETITION No. 1147/2021 (ANNEXURE-N) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, POONACHA. J., MADE THE FOLLOWING:
ORDER
The present Writ Petition is filed seeking for the following reliefs:
“(a) Set aside the Order dated 27/07/2023 passed by the National Consumer Disputes Redressal Commission, New Delhi, in Revision Petition No.1147/ 2021 (Annexure-N);
(b) Consequently, allow the Revision Petition No.1147/ 2021 (Annexure-M) by setting aside the Order dated 09/11/2021 of the State Consumer Redressal Commission in Appeal No.738/ 2021 (Annexure- J) and the Order dated 08/02/2021 passed by the District Consumer Redressal Commission in Complaint No.572/ 2020 (Annexure H);
(c) Consequently, dismiss the Complaint of the Respondent in Complaint No. 572/ 2020 (Annexure D) filed before the District Consumer Redressal Commission;
(d) To refund the amount of Rs. 50,000/- (Rupees Fifty Thousand Only) paid by the Petitioner in favour of the Respondent vide DD bearing No. 710362 dated 08/11/2021;
(e) Pass such other order / orders as this Hon'ble Court deems it in the facts and circumstances of the case and in the interest of justice and equity.”
1 Hereinafter referred to as the ‘District Forum’
2 Hereinafter referred to as the ‘State Commission’
3 Hereinafter referred to as the ‘National Commission’
respondent. A Division Bench of this Court by its order dated 18.11.2023 dismissed the said Writ Petition. Being aggrieved by the said order, the petitioner preferred Special Leave to Appeal (C) No.1186/2024, which was dismissed by the Hon’ble Supreme Court vide order dated 22.1.2024. Hence, learned counsel for the respondent submits that the present Writ Petition is also liable to be dismissed.
already upheld the order dated 27.7.2023 passed by the
National Commission in the case of the husband of the respondent and the said order having been affirmed by the Hon’ble Supreme Court, the question of considering in detail the present Writ Petition insofar as the proceedings that were initiated with regard to respondent does not arise.
No costs.
SD/JUDGE
SD/JUDGE
nd
List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the writ petition challenging the National Commission's order in Revision Petition No.1147/2021 could survive when a parallel challenge regarding the husband's identical claim was already uphe
1 provisions across 1 enactments
Kamat Yatriniwas Private Limited
Varsha Sharma
S.G. Pandit
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
