Idbi Bank Ltd. Vs Sri K Gadilingappa — Consumer Protection | Karnataka HC (2026)

Idbi Bank Ltd. Vs Sri K Gadilingappa — Consumer Protection | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No substantive relief; writ petition dismissed as not maintainable, with the interim order granted on 11.07.2024 continuing for six weeks and pending I.As., if any, disposed of.

Issue for consideration

Whether the writ petition is maintainable before this Court, where the petitioner has an efficacious alternate remedy under Section 58 of the Consumer Protection Act, 2019 to challenge the order passed by the State Commission before the National Commission.

Court's answer

Instead of approaching the National Commission, the petitioner approached this Court; since an efficacious statutory remedy is available under Section 58 of the Consumer Protection Act, 2019, the writ petition is not maintainable and is dismissed.

Key takeaways

Ancillary direction: the interim order granted on 11.07.2024 shall remain in operation for a period of six (6) weeks notwithstanding dismissal of the writ petition.obiter¶¶41
Ancillary direction: in view of dismissal of the writ petition, pending interlocutory applications (I.As.), if any, are disposed of.obiter¶¶42-43

Detailed headnote1 paragraphs

Writ petition (Articles 226 and 227, Constitution of India) by IDBI Bank Ltd., represented by its Deputy General Manager, seeking to set aside the common order dated 24.11.2023 of the Karnataka State Consumer Disputes Redressal Commission, Bengaluru (Principal Bench) in Appeal No. 281/18 out of Appeals Nos. 275 to 283 of 2018 (Annexure-A) — arising from the order dated 28.12.2017 of the District Consumer Disputes Redressal Forum, Bellary in C.C.No.126/2017 — was dismissed as not maintainable. The Court held that under Section 58 of the Consumer Protection Act, 2019 the petitioner has an efficacious alternate remedy to challenge the State Commission's order before the National Commission, which remedy it bypassed by approaching this Court. Interim order granted on 11.07.2024 directed to remain in operation for six (6) weeks; pending I.As., if any, disposed of. Oral order per Hon'ble Mr. Justice D K Singh; bench comprised D K Singh and Rajesh Rai K, JJ.

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NC: 2026:KHC:25577-DB WP No. 16416 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 16416 OF 2024 (GM-CON)

BETWEEN:

IDBI BANK LTD

RETAIL RECOVERY IDBI HOUSE 58, MISSION ROAD BENGALURU 560 027 REPRESENTED BY ITS

DEPUTY GENERAL MANAGER

…PETITIONER

(BY SRI. T P MUTHANNA., ADVOCATE)

AND:

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

SRI K GADILINGAPPA

S/O HANUMANTAPPA

NEAR SUNKALAMMA TEMPLE

WARD NO. 1, CHAGANUR VILLAGE BALLARI TQ AND DIST PIN 583 111

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

…RESPONDENTS

(BY SMT. ANITHA KIRHSNAMURTHY, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET

2 - NC: 2026:KHC:25577-DB WP No. 16416 of 2024

HC-KAR

ASIDE THE COMMON ORDER DATED 24.11.2023 IN APPEAL No. 281/18 ONLY OUT OF 275 TO 283 OF 2018 ON THE FILE OF THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH), ANNEXURE-A, ETC.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

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

The present writ petition has been filed impugning the

order dated 28.12.2017 passed by the District Consumer Disputes Redressal Forum, Bellary in C.C.No.126/2017 and the order dated 24.11.2023 passed by the Karnataka State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Appeal No.275 to 283/2018.

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 Commission.

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NC: 2026:KHC:25577-DB WP No. 16416 of 2024

HC-KAR

Instead of approaching the National Commission,

the petitioner has approached this Court. Therefore, we dismiss this writ petition as not maintainable, in view of efficacious statutory remedy available to the petitioner under Section 58 of the Consumer Protection Act, 2019.

Interim order granted on 11.07.2024 shall remain in operation for a period of six (6) weeks.

In view of dismissal of the writ petition, pending

I.As., if any, are disposed of.

Sd/(D K SINGH) JUDGE

Sd/(RAJESH RAI K) JUDGE

RKA List No.: 1 Sl No.: 9