Idbi Bank Ltd. Vs Sri Suresh

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE COMMON ORDER DATED 24.11.2023 IN APPEAL NO.276/2018 ONLY OUT OF APPEAL NOS.275 TO 283/2018 ON THE FILE OF THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) AT ANNEXURE-A.

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IN WP NO.12575/2024

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BETWEEN:

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IDBI BANK LTD RETAIL RECOVERY IDBI HOUSE 58, MISSION ROAD BENGALURU-560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER

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...PETITIONER

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(BY SRI T P MUTHANNA, ADVOCATE)

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AND:

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SRI K CHANGAPPA S/O K SHIVARAMAPPA HOUSE NO.120

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3 -

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NC: 2026:KHC:25967-DB WP No. 16147 of 2024 C/W WP No. 12575 of 2024 WP No. 16342 of 2024

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HC-KAR

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NEAR SUNKALAMMA TEMPLE CHANGANUR VILLAGE BALLARI TALUK AND DISTRICT PIN-583 111

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THE WAREHOUSE MANAGER KARNATAKA WAREHOUSE CORPORATION STATE WAREHOUSE UNIT-1 KIADB, BALLARI-573 101

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...RESPONDENTS

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(BY MS. ANITHA KRISHNAMURTHY, ADVOCATE FOR SRI JAGADEESHA B N, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE COMMON ORDER DATED 24.11.2023 IN APPEAL NO.280 OF 2018 ON THE FILE OF THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) AT ANNEXURE-A.

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IN WP NO. 16342/2024

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BETWEEN:

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IDBI BANK LTD RETAIL RECOVERY IDBI HOUSE 58, MISSION ROAD BENGALURU-560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER

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...PETITIONER

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(BY SRI T P MUTHANNA, ADVOCATE)

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AND:

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SRI SURESH S/O SHIVANNA

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4 - NC: 2026:KHC:25967-DB WP No. 16147 of 2024 C/W WP No. 12575 of 2024 WP No. 16342 of 2024

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HC-KAR

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HOUSE NO.226 NEAR SUNKALAMMA TEMPLE RAMADURGA ONI VANNENURU VILLAGE BALLARI TALUK AND DISTRICT PIN-583 116

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THE WAREHOUSE MANAGER KARNATAKA WAREHOUSE CORPORATION STATE WAREHOUSE UNIT-1 KIADB, BALLARI-573 101

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...RESPONDENTS

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(BY MS. ANITHA KRISHNAMURTHY, ADVOCATE FOR SRI JAGADEESHA B N, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE COMMON ORDER DATED 24.11.2023 IN APPEAL NO.283/2018 OUT OF APPEAL NOS.275 TO 283/2018 ON THE FILE OF THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) AT ANNEXURE-A.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ petitions have been filed impugning the order dated 24.11.2023 passed by the Karnataka State Consumer Disputes Redressal Commission (hereinafter referred

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5 - NC: 2026:KHC:25967-DB WP No. 16147 of 2024 C/W WP No. 12575 of 2024 WP No. 16342 of 2024

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HC-KAR

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to as 'the State Commission') in Appeal Nos.275 to 283/2018 insofar as Appeal Nos.276/2018, 280/2018 and 283/2018 (W.P.Nos.16147/2024, 12575/2024 and 16342/2024 respectively) are concerned.

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Under Section 58 of the Consumer Protection Act, 2019, the petitioner has an efficacious alternate remedy to challenge the order passed by the State Commission before the National Consumer Disputes Redressal Commission (hereinafter referred to as 'the National Commission'). Instead of approaching the National Commission, the petitioner has approached this Court.

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In view of the efficacious statutory remedy available to the petitioner under Section 58 of the Consumer Protection Act, 2019, we dismiss these writ petitions as not maintainable.

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In view of dismissal of the writ petitions, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of.

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Interim order granted on 03.06.2024 (in

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W.P.No.12575/2024) and 05.07.2024 (in W.P.Nos.16147/2024

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