IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.17195 OF 2013(GM-CON) C/W.
W.P.No.17196 OF 2013(GM-CON) W.P.No.17195/2013:
BETWEEN:
Jayalakshmi Motors, Authorised Dealers in Angad Tractor & Trailor Farm Equipment, having its Office near Forest Office Mysore Road, Holenarasipura – 573 211, Rep. by its Proprietor Smt.B.Jayalakshmi. … Petitioner (By Sri Bhargav G. Advocate For Sri C.R.Gopalaswamy, Advocate) AND:
1. Sri N.Swamy Gowda, S/o.Sri Narasimhe Gowda, Aged about 52 years, R/o.K.Hosur Village, Kasaba Hobli, Pandavapura Taluk, Mandya Disrtrict – 571 434.
2. S.A.S.Motors Ltd. (Head Office) No.117/A, Sainik Farms, Defence Enclave, New Delhi – 110 062, Rep. by its Proprietor.
3. Amulya Motors (P) Ltd. Five Lights Circle, Pandavapura Town, Mandya District, Rep. by its Proprietor Sri Ashok Pin: 571 434. ... Respondents (By Sri Santhosh Kumar M.B., for Sri M.S.Hosmath, Advocate for R1: Sri Ajay Muralidhar Gangapurkar, Party-in-person R2:
Notice to R3 is dispensed with vide order dated 06.01.2015) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order dated 22.12.2012 passed by the District Consumer Redressal Forum, Hassan in Exe.No.51/2011, vide Annexure-E.
W.P.No.17196/2013: BETWEEN:
Jayalakshmi Motors, Authorised Dealers in Angad Tractor & Trailor Farm Equipment, having its Office near Forest Office Mysore Road, Holenarasipura – 573 211, Rep. by its Proprietor Smt.B.Jayalakshmi. … Petitioner (By Sri Bhargav G. Advocate For Sri C.R.Gopalaswamy, Advocate) AND:
1. Sri Kempaiah, S/o.Sri Kengaiah, Aged about 55 years, R/o.Athigaanahalli Village, Melukote Hobli, Pandavapura Taluk, Mandya Disrtrict – 571 434.
2. S.A.S.Motors Ltd. (Head Office) No.117/A, Sainik Farms, Defence Enclave, New Delhi – 110 062, Rep. by its Proprietor.
3. Amulya Motors (P) Ltd. Five Lights Circle, Pandavapura Town, Mandya District, Rep. by its Proprietor Sri Ashok Pin: 571 434. ... Respondents (By Sri Santhosh Kumar M.B., for Sri M.S.Hosmath, Advocate for R1: Sri Ajay Muralidhar Gangapurkar, Party-in-person R2:
Notice to R3 is dispensed with vide order dated 06.01.2015) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order dated 22.12.2012 passed by the District Consumer Redressal Forum, Hassan in Exe.No.52/2011, vide Annexure-E.
These writ petitions, coming on for preliminary hearing ‘B’ Group, this day, the Court, made the following:
ORDER These petitions are directed against the orders, both dated 22.12.2012 passed by the District Consumer Redressal Forum, Hassan in Ex.Nos.51/2011 and 52/2011 respectively, vide Annexure-E.
2. The first respondents in both the petitions have filed complaints before the District Consumer Redressal Forum (‘District Forum’ for short), Hassan against the petitioner and respondent Nos. 2 and 3. The second respondent, being a manufacturer and the petitioner, being an authorized dealer, have supplied defective tractors. Therefore, they are liable to meet the expenditure and pay compensation. Upon such complaint, the District Forum has passed the following order as per Annexure-D dated 26.12.2008:
“ ¦ügÁåzÀ£ÀÄß gÀÆ.500/- UÀ¼À Rað£ÉÆA¢UÉ ¨sÁUÀ±ÀB ¥ÀÄgÀ¸ÀÌj¸À¯ÁVzÉ.
¦ügÁå¢üzÁgÀgÀÄ F DzÉñÀzÀ ¢£ÁAPÀ¢AzÀ MAzÀÄ wAUÀ¼ÉƼÀUÉ 2£Éà JzÀÄjUÉ mÁæ åPÀÖgï PÉÆqÀvÀPÀÌzÀÄÝ ªÀÄvÀÄÛ mÁæ åPÀÖgï PÉÆlÖ MAzÀÄ wAUÀ¼ÉƼÀUÉ 2£Éà JzÀÄj vÀªÀÄä ¸À«ð¸ï UÁågÉÃf£À°è CxÀªÁ CzÀÄ ¸ÁzÀså«®è¢zÀÝ°è vÀªÀÄä Rað£À°è AiÀiÁªÀÅzÁzÀgÀÆ SÁåvÀ ¸À«ð¸ï ¸ÉAlgï£À°è zÀÄgÀ¹Û ªÀiÁr¹PÉÆqÀvÀPÀÌzÀÄÝ. C®èzÉ JzÀÄjUÀ¼ÀÄ ¦üAiÀiÁð¢zÁgÀjUÉ £ÀµÀÖ ¥ÀjºÁgÀªÉAzÀÄ gÀÆ.15,000/-UÀ¼À£ÀÄß ¥ÁªÀw¸ÀĪÀAvÉ DzÉò¸À¯ÁVzÉ. vÀ¦àzÀ°è MAzÀÄ wAUÀ¼À £ÀAvÀgÀ CzÀPÉÌ ±ÉÃPÀqÀ 12gÀAvÉ §rØ ¸ÉÃj¹ CzÀÄ ¸ÀA¥ÀÆtð ¥ÁªÀwAiÀiÁUÀĪÀªÀgÉUÀÆ PÉÆqÀvÀPÀÌzÀÄÝ.
F DzÉñÀzÀ AiÀÄxÁ £ÀPÀ®£ÀÄß G¨ÀsAiÀÄ¥ÀPÀëPÁgÀjUÉ GavÀªÁV ¤ÃqÀĪÀAvÉ DzÉò¸À¯ÁVzÉ.”
3. Pursuant to the above order, the petitioner has paid Rs.15,000/- as compensation as ordered by the District Forum. Respondent No.1 in both the petitions have filed the Ex. Petitions against the petitioner under Section 27 of the Consumer Protection Act, 1986. The District Forum passed the order on 22.12.2012. Being aggrieved by the same, petitioner has filed these petitions.
4. Learned counsel for the first respondent in both the petitions has contended that the petitioner has an alternative and efficacious remedy under Section 27A of the Consumer Protection Act, 1986.
5. Heard learned counsel for the parties.
6. The District Forum, in exercise of jurisdiction conferred under Section 27 of the Consumer Protection Act has passed the order in Ex.P.Nos.51/2011 and 52/2011 respectively. This Court in W.P.No.32938/2009 disposed of on 05.08.2014, has held as follows:
“4. S.27A of the Act inserted by Act No.62 of 2002, provides for an appeal to the State Commission, as against the order made by the District Consumer Forum. The order impugned in W.P.32938/2009 is one passed in exercise of jurisdiction under S.27. Even the notice ordered in E.P.71/2011 can be considered as an order passed in exercise of jurisdiction under S.27. Both the cases being interconnected, the decision / order / action of the District Forum, impugned herein, can be the subject matter of an appeal under Clause (a) of S.27A of the Act.”
7. In the case on hand, the District Forum has passed an order on 22.12.2012 under Section 27 of the Consumer Protection Act. Against this order, the petitioner has an alternative and efficacious remedy of appeal under Section 27A of the Consumer Protection Act.
8. Therefore, these petitions are disposed of by permitting the petitioner to avail of the remedy under Section 27A of the Consumer Protection Act. If the appeals are filed within one month, the State Commission shall decide the appeals in accordance with law without going into the question of limitation. This Court, while issuing notice, has granted an interim order on 17.04.2013. The same shall be in force till the appeals are decided by the State Commission.
With the above observations, these writ petitions are disposed of.
Cm/-
Sd/- JUDGE