IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.36931/2018(GM-CON) BETWEEN:
MADHUVANA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., BY ITS EXECUTIVE DIRECTOR SRI.D.T.PRAKASH NO.345, 3RD CROSS INDIRANAGAR MYSORE – 571 010 ... PETITIONER (BY SRI. NITYANAND V NAIK, ADV.) AND:
1. SMT.A.N.THUNGAMMA D/O.LATE A B NARAYANAPPA AGED ABOUT 70 YEARS, R/A NO.19, IST BLOCK 2ND STAGE, MADHUVANA LAYOUT SRIRAMAPURA, MYSORE - 23 MYSORE - 23 2. SRI.GUNDU RAO SINCE DECEASED BY LRS.
2(A) SMT.MAHALAKSHMAMMA W/O.LATE MR. A N GUNDU RAO AGED ABOUT 63 YEARS 2(B) A.G.KRISHNAVENI D/O A N GUNDU RAO AGED ABOUT 41 YEARS 2(C) A G KIRAN S/O A N GUNDU RAO AGED ABOUT 40 YEARS 2(D) A G BALAJI S/O A.N.GUNDU RAO AGED ABOUT 38 YEARS 2(E) A G SHALINI D/O A N GUNDU RAO AGED ABOUT 36 YEARS ALL ARE R/AT NO.19, 1ST BLOCK MADHUVANA LAYOUT SRIRAMPURA 2ND STAGE MYSORE – 570 023 ... RESPONDENTS (BY SRI.S.KASHINATH, ADV. ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.17.08.2017 GRANTED BY THE KARNATAKA STATE CONSUMER REDRESSAL COMMISSION IN APPEAL NO.1272/2013 VIDE ANNX-D AND ETC.,.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R Section 19 of the Consumer Protection Act, 1986 provides for an efficacious and alternative remedy. In view of the same, we hold that the petitioner has to approach the Appellate Authority to avail of the alternative remedy under the Act. Reserving liberty to the petitioner to approach the Appellate Authority, this petition stands disposed of. In view of the pendency of the petition before this Court, the delay, if any, be condoned by taking a lenient view. All contentions are kept open.
Sd/- JUDGE lnn Sd/- JUDGE