IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NOS.11804-11821 OF 2017 (GM-CON) BETWEEN HIGH POINT FINANCE PRIVATE LIMITED NO.4406/7/8, HIGH POINT IV, NO.45 PALACE ROAD, BANGALORE-560 001 REPRESENTED BY ITS DIRECTOR SRI SURESH BHATIA ... PETITIONER (BY SRI K N PHANINDRA, ADVOCATE) AND 1. SMT. SUMA T GOWDA W/O SRI H R THIMMAPPA GOWDA AGED ABOUT 29 YEARS R/O NO.2125, MIG, SAPTAGIRI 3RD PHASE, 12TH B MAIN ROAD YELAHANKA NEW TOWN BANGALORE-560 064 2. SRI R SUDHAKAR S/O SRI M RUDRAPATHI AGED ABOUT 35 YEARS R/O NO.255, SFS 407 1ST "A" CROSS, 2ND MAIN 4TH PHASE, YELAHANKA NEW TOWN BANGALORE-560 065 3. SRI SHIVAKUMAR B TADAHAL S/O SRI BASAVARAJ S TADAHAL AGED ABOUT 29 YEARS R/O NO.252, JANHVI 22ND MAIN, JUDICIAL LAYOUT GKVK POST, BANGALORE-560 065 4. SRI DEEPAK G S S/O SRI A G SRIPADA RAO AGED ABOUT 34 YEARS R/O NO.413, 27TH CROSS JUDICIAL LAYOUT, GKVK POST BANGALORE-560 065 5. SMT. CHANDRIKA G W/O SRI DEEPAK G S AGED ABOUT 31 YEARS R/O NO.413, 27TH CROSS JUDICIAL LAYOUT, GKVK POST BANGALORE-560 065 6. MS. SHILPA SHAHLOT D/O SRI CHANDAN RAJ SHAHLOT AGED ABOUT 40 YEARS R/O NO.3, 1ST MAIN ROAD SOMESHWARA NAGAR, GKVK POST CHIKKABOMMANSANDRA YELAHANKA, BANGALORE-560 065 PRESENTLY R/AT NO.2326 2ND FLOOR, MIG 3RD STAGE 5TH "B" MAIN YELAHANKA NEW TOWN BANGALORE-560 064 7. SRI LAKSHMANAN A R S/O SRI RAMALINGAM A AGED ABOUT 37 YEARS R/O NO.78A, NORTH PORTION SOMESHWARANAGAR CHIKKABOMMANSANDRA YELAHANKA BANGALORE-560 065 PRESENTLY RESIDING AT J-5, 605, PROVIDENT WELWORTH CITY MARASANDRA, DODDA TUMAKURU POST YELAHANKA, DODDABALLAPUR ROAD BANGALORE-561 203 8. COL. G D VASHISHTA S/O SRI BHAGI RATH AGED ABOUT 55 YEARS R/O NO.E-2, DGQA OFFICERS ENCLAVE J.C. NAGAR BANGALORE-560 006 PRESENTLY R/AT HOUSE 15/4 TOC, OPP:THOMAS BAKERY ST. JOHNS CHURCH ROAD BANGALORE-560 005 9. SRI SUKUMAR NATARAJAN S/O SRI M K NATARAJAN AGED ABOUT 46 YEARS R/O FLAT SB-21, VIJAYA ENCLAVE SUNDER RAM SHETTY NAGAR BRM 4TH STAGE BANGALORE-560 064 PRESENTLY RESIDING AT NO.B-203, RENAISSANCE EXOTICA JAKKUR PLANTATION YELAHANKA HOBLI BANGALORE-560 064 PRESENTLY R/AT FLAT NO.A-102 VERACIOUS VANI VILAS YELAHANKA, BANGALORE-560 064 10. SMT. SANGEETHA SUKUMAR W/O SRI SUKUMAR NATARAJAN AGED ABOUT 46 YEARS R/O FLAT SB-21, VIJAYA ENCLAVE SUNDER RAM SHETTY NAGAR BRM 4TH STAGE BANGALORE-560 064 PRESENTLY RESIDING AT NO.B-203, RENAISSANCE EXOTICA JAKKUR PLANTATION YELAHANKA HOBLI BANGALORE-560 064 PRESENTLY R/AT FLAT NO.A-102 VERACIOUS VANI VILAS YELAHANKA, BANGALORE-560 064 11. SRI ARUN KUMAR APPU S/O SRI M S APPU AGED ABOUT 38 YEARS R/O FLAT NO.504, BLOCK 10 UNITECH HERITAGE APARTMENT NEAR ANANTHPUR GATE DODDABALLAPUR ROAD YELAHANKA POST BANGALORE-560 064 12. SRI N RAMESH S/O LATE SRI M NARAYANA NAIK AGED ABOUT 59 YEARS R/O HOUSE NO.1227 NEW MANJUNATHA LAYOUT 2ND MAIN ROAD RAMAMURTHY NAGAR BANGALORE-560 016 13. SMT. G SOUMYA W/O SRI N RAMESH AGED ABOUT 46 YEARS R/O HOUSE NO.1227 NEW MANJUNATHA LAYOUT 2ND MAIN ROAD RAMAMURTHY NAGAR BANGALORE-560 016 14. SMT. A KAMALA W/O SRI K PRAKASH AGED ABOUT 60 YEARS R/O NO.205, PALM COURT GARDEN ESTATE, YELAHANKA BANGALORE-560 064 15. SRI K PRAKASH S/O SRI R KRISHNA RAO AGED ABOUT 63 YEARS R/O NO.205, PALM COURT GARDEN ESTATE, YELAHANKA BANGALORE-560 064 16. SRI SRIRAM MARUWADA S/O SRI HARIRAO M AGED ABOUT 40 YEARS R/O NO.165/14 MAHALAKSHMI LAYOUT 12TH CROSS, 2ND FLOOR BANGALORE-560 086 PRESENTLY RESIDING AT NO.17, 2ND CROSS, JUDICIAL LAYOUT RMV 2ND STAGE, SANJAYNAGAR BANGALORE-560 094 17. SRI PRASHANTH V S/O SRI V GOPINATHAN AGED ABOUT 40 YEARS R/O VRINDHAVAN KACHERI POST YEDACHERI, KOZIKODE-673 502 #NO.42/1, MANJUNATH BUILDING 6TH CROSS, LAW COLLEGE ROAD SANTHOSHI NAGAR ATTUR, YELAHANKA BANGALORE-560 064 PRESENTLY RESIDING AT NO.21 DOOR NO. 101, 1ST FLOOR 7TH CROSS, MATHRU LAYOUT YELAHANKA NEW TOWN BANGALORE-560 064 18. SRI R AMBARISHA S/O SRI G RAGHOTHAMAN AGED MAJOR REP BY POWER OF ATTORNEY HOLDER SRI G RAGHOTHAMAN R/O 506/1, 11 "B" CROSS 4TH MAIN, 3RD BLOCK BEL LAYOUT, VIDYARANYAPURA BANGALORE-560 097 19. SRI MANOJ MOHAN KODAGALI S/O SRI MOHAN GURURAO KODAGALI AGED ABOUT 37 YEARS R/O NO.70, GROUND FLOOR RAJAJINAGAR "R" BLOCK BANGALORE-560 010 20. SMT. VALLURI VEERA VENI W/O SRI REDDY SATISH KUMAR AGED ABOUT 38 YEARS REPRESENTED BY HER POWER OF ATTORNEY HOLDER MR. REDDY BAPI RAJU S/O LATE SRI REDDY SATYAM AGED ABOUT 78 YEARS R/O H.NO.562, A SECTION 7TH "A" MAIN ROAD YELAHANKA NEW TOWN BANGALORE-560 106 21. SRI REDDY S S S/O SRI R BAPI RAJU AGED MAJOR R/O NO.402, RAIL WHEEL FACTORY WEST COLONY, YELAHANKA BANGALORE-560 064 22. SRI SHARANABASAVA K. MATH S/O SRI KASAYYA GURULINGAYYA MATH AGED ABOUT 66 YEARS REP BY HIS POWER OF ATTORNEY HOLDER R/O NO.2-911/1/2/45 PRASHANTHA NAGAR (A) RAJAPUR, SHAHBAD MAIN ROAD GULBARGA-585 105 23. SRI KASAYYA GURULINGA MATH S/O SRI GURULINGAYYA MATH AGED MAJOR R/O NO.2-911/1/2/45 PRASHANTHA NAGAR (A) RAJAPUR, SHAHBAD MAIN ROAD GULBARGA-585 105 24. M/S. WATER FRONT DEVELOPERS REPRESENTED BY ITS MANAGING PARTNER OFFICE NO.4406/7/8, HIGH POINT IV NO.45, PALACE ROAD BANGALORE-560 001 25. M/S. ETERNITY DEVELOPERS REPRESENTED BY ITS DIRECTORS MR. AVINASH PRABHU & DHEERAJ PRABHU REGISTERED OFFICE NO.11, HAYES ROAD BANGALORE-560 025 26. MR. ASHWIN PAI S/O MR. SATHISH PAI AGED ABOUT 32 YEARS, NO.10/1 LAKSHMINARAYANA COMPLEX PALACE ROAD, BANGALORE-560 001 ... RESPONDENTS (BY SRI C M POONACHA, ADVOCATE FOR R-1, 2, 3, 4 5, 6, 8, 9, 10, 12, 13, 15, 16, 17, 18, 19, 21, 22 & 23;
R-7, 11, 14, 20, 24, 25 & 26 ARE SERVED & UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 10.02.2017 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE, IN EXECUTION APPLICATION NOS.10, 11 TO 22, 26, 27, 30, 32 AND 33 OF 2016 VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS THERETO AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER There are certain allegations against the Members of the Karnataka State Consumer Disputes Redressal Commission (for short ‘the Commission’), which we propose not to deal with inasmuch as the parties have agreed to have the matter reconsidered by the Commission.
2. Therefore, by consent of the parties, the order impugned dated February 10, 2017, allowing the application for addition of parties is set aside and we request the Commission to consider the said application afresh, uninfluenced by its earlier observations, as expeditiously as possible.
3. The writ petitions stand disposed of.
4. In view of the disposal of the writ petitions, the pending interlocutory applications do not survive for consideration and are, also, disposed of.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv