Disposed

Sri.Devang S Patel v. Registrar Cum Director

Karnataka HC8 Jan 2026WP/39780/2025

Case brief

AI extract

What is this about?

Complainant in a pending consumer dispute sought mandamus to compel the appointed expert to furnish its report and the District Forum to decide the case expeditiously. The Court noted the petitioner had remained absent before the Forum for over ten months without seeking reminders, held the remedy lay in the pending proceedings first, and disposed of the petition.

What the court decided

AI extract

Sri.Devang S Patel Vs Registrar Cum Director — Consumer Protection | Karnataka HC (2026)

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NC: 2026:KHC:1142 WP No. 39780 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 39780 OF 2025 (GM-CON)

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BETWEEN:

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SRI.DEVANG S PATEL S/O SHANKAR LAL M. PATEL, RESIDING AT NO.633, AGED ABOUT 27 YEARS, RAJESHWARI PRASIDDI 36^TH MAIN, 25^TH CROSS, RAJARAJESHWARI NAGARA, BENGALURU-560098.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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…PETITIONER

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(BY SRI. PRAVEENKUMAR HIREMATH., ADVOCATE)

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AND:

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REGISTRAR CUM DIRECTOR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU RURAL AND URBAN B.M.T.C BUS STAND, SHANTHI NAGAR, BENGALURU .

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NC: 2026:KHC:1142 WP No. 39780 of 2025

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HC-KAR

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AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA, SURVEY NO. 102, VETAL HILL, OFF PAUD ROAD, KOTRHUD PUNE-411038

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REGISTERED UNDER SOCIETIES ACT, 1860.

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TATA MOTORS LTD (NOW KNOWN AS TATA MOTORS PASSENGER VEHICLES LTD REP BY ITS AUTHORIZED REPRESENTATIVE 4^TH FLOOR, AHURA CENTRE, 82, MAHAKALI CAVES ROAD, REGISTERED UNDER COMPANIES ACT 1930 MIDC, ANDERI EAST, MUMBAI-400093.

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PRERANA MOTORS (P) LTD REP. BY ITS AUTHORIZED REPRESENTATIVE, MR. KRISHNA KUMAR HAVING ITS REGD. OFFICE AT "PRIDE HULKUL" NO.116, LALBAGH ROAD, BENGALURU-560042.

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PRERANA MOTORS (P) LTD SHOWROOM, REGD. AUTHORIZED DEALER TATA MOTORS, REP. BY ITS AUTHORIZED REPRESENTATIVE, HAVING ITS REGD. OFFICE AT NO.46, 10^TH CROSS, ROAD, WEST OF CHORD ROAD, 2^ND STAGE, BASAVESHWAR NAGAR, BENGALURU-560079.

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NC: 2026:KHC:1142 WP No. 39780 of 2025

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HC-KAR

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PRERANA MOTORS (P) LTD SERVICE STATION, REP. ITS AUTHORIZED REPRESENTATIVE, HAVING ITS REGD. OFFICE AT NO.28-D/29, 2^ND PHASE, 1^ST MAIN RD, PEENYA, BENGALURU-560058 R4 TO R6 REGISTERED UNDER COMPANIES ACT 1930.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-I. ISSUE AN APPROPRIATE WRIT, ORDER, OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER DIRECTION DIRECTING RESPONDENT NO. 2 TO FURNISH THE EXPERT REPORT WITHIN 30 DAYS FROM THE DATE OF ORDER OF THIS COURT IN C.C NO.309/2021 PENDING ON THE FILE OF I ADDL. DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION AT BENGALURU (ANNXB); II. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION, OR ORDER DIRECTING THE I ADDITIONAL DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION AT BENGALURU TO DISPOSE OF THE C.C NO.309/2021 WITHIN SIXTY DAYS FROM THE DATE OF THE EXPERT REPORT (ANNEXURE - B).

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NC: 2026:KHC:1142 WP No. 39780 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner is the complainant in CC

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No.309/2021 pending on the file of the District Consumer Disputes Redressal Commission, Bengaluru [for short the District Forum ]. The petitioner's purported cause for the present petition is the second respondent's failure to file an Expert's Report. It is seen from the records that the District Forum had appointed, on an application by the petitioner, M/s NAL as an expert and with this Entity filing a Report that it does not have the necessary expertise, the District Forum has appointed the second respondent and has issued process for the Report.

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NC: 2026:KHC:1142 WP No. 39780 of 2025

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HC-KAR

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The learned counsel for the petitioner submits

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that though the warrant for the report is issued months back, the second respondent has not filed its report and therefore the petitioner is constrained to approach this Court. However, it is seen from the proceedings with the District Forum that the petitioner has remained absent for over a period of 10 to 12 months and no request is made with the District Forum for issuance of reminder or for issuance of other process for failure to file a Report. This Court is of the view that the petitioner must first avail remedy in this regard in the pending proceedings before the District Forum before this Court's jurisdiction is invoked. Therefore, the petition stands disposed of subject to all just exceptions in law.

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Sd/(B M SHYAM PRASAD) JUDGE

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Sri.Devang S Patel v. Registrar Cum Director

Case brief

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Sri.Devang S Patel v. Registrar Cum Director

Case brief

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