IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3101/2013 CONNECTED WITH CRIMINAL PETITION NO.2229/2013 CRIMINAL PETITION NO.2230/2013 CRIMINAL PETITION NO.2231/2013 CRIMINAL PETITION NO.2232/2013 CRIMINAL PETITION NO.2234/2013 IN CRL. P. NO.3101/2013 : BETWEEN THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.100, 11TH CROSS, 6TH MAIN ROAD MALLESHWARAM, BANGALORE-560003 REPRESENTED BY ITS’ DIRECTOR SRI K V ANANTHAPADMANABHA.
... PETITIONER (BY SRI. K .S. VENKATARAMANA - ADVOCATE) AND 1. STATE BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE.
2. SMT SEETHALAKSHMI C/O K N SRINIVASA MURTHY AT NO.321, 5TH CROSS, 3RD MAIN SFS-407 BLOCK, 4TH PHASE YELAHANKA NEW TOWN BANGALORE-560064.
... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA-SPP–II FOR R-1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER OF TAKING COGNIZANCE AGAINST THE PETITIONER SOCIETY IN CR.NO.11/12 ARISING OUT OF EXECUTION NO.08/12 WHICH IS PENDING BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE.
IN CRL. P. NO. 2229/2013 : BETWEEN THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.100, 11TH CROSS, 6TH MAIN ROAD MALLESHWARAM, BANGALORE-560003 REPRESENTED BY ITS DIRECTOR SRI K V ANANTHAPADMANABHA ... PETITIONER (BY SRI. K .S. VENKATARAMANA - ADVOCATE) AND 1. STATE BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-1.
2. N. KRISHNAN S/O C. K. NARAYAN AGED ABOUT 62 YEARS NO. 520, 10TH CROSS 6TH MAIN, BTM 2ND STAGE BANGALORE – 560076.
... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA-SPP–II FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDERS OF TAKING THE COGNIZANCE AGAINST THE PETITIONER SOCIETY IN EXECUTION NO. 40/2006 ARISING OUT OF C.C.NO.1380/2005 WHICH IS PENDING BEFORE THE III ADDITIONAL CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE.
IN CRL. P. NO. 2230/2013 : BETWEEN THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.100, 11TH CROSS, 6TH MAIN ROAD MALLESHWARAM, BANGALORE-560 003 REPRESENTED BY ITS’ DIRECTOR SRI K V ANANTHAPADMANABHA.
… PETITIONER (BY SRI K. S. VENKATARAMANA – ADVOCATE) AND 1 STATE BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-1.
2. SMT B G SUNANDA W/O B V GURURAJA RAO, AGED ABOUT 59 YEARS, REPRESENTED BY HER GPA HOLDER B V GURURAJA RAO, S/O LATE B VENKATACHALAIAH, R/AT C/O SANGEETHA TRAVELS, SRI RAMA MANDIRA ROAD, BEHIND WOODLANDS HOTEL, RAJARAM MOHAN ROY ROAD, BANGALORE-560 003.
... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA-SPP–II FOR R-1; SRI B. S. MAHINDRA – ADVOCATE FOR R-2 – ABSENT) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDERS OF TAKING THE COGNIZANCE AGAINST THE PETITIONER SOCIETY IN EXECUTION NO. 9/2005 ARISING OUT OF C.C. NO. 1112/2004 WHICH IS PENDING BEFORE THE III ADDITIONAL CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE.
IN CRL. P. NO. 2231/2013 :
BETWEEN THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.100, 11TH CROSS, 6TH MAIN ROAD MALLESHWARAM, BANGALORE-560 003 REPRESENTED BY ITS’ DIRECTOR SRI K V ANANTHAPADMANABHA.
… PETITIONER (BY SRI K. S. VENKATARAMANA – ADVOCATE) AND 1 STATE BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-1.
2. DR. ASHOK KUMAR VAISH S/O LATE R. R. VAISH AGED ABOUT 57 YEARS R/A NO.4170/8, 3RD MAIN ROAD ‘B’ BLOCK, SUBRAMANYA NAGAR BANGALORE-560021.
... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA-SPP–II FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDERS OF TAKING THE COGNIZANCE AGAINST THE PETITIONER SOCIETY IN EXECUTION NO.104/2008 ARISING OUT OF C.C.NO.2028/2006 WHICH IS PENDING BEFORE THE III ADDITIONAL BANGALORE RURAL URBAN DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE.
IN CRL. P. No. 2232/2013 BETWEEN THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.100, 11TH CROSS, 6TH MAIN ROAD MALLESHWARAM, BANGALORE-560 003 REPRESENTED BY ITS’ DIRECTOR SRI K V ANANTHAPADMANABHA.
… PETITIONER (BY SRI K. S. VENKATARAMANA – ADVOCATE) AND 1 STATE BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-1.
2. SMT P.M. ANNAPURNAMMA W/O P.M. NAGABHUSHANAIAH, AGED ABOUT 68 YEARS, R/AT NO.272, A, 1ST MAIN ROAD, PADMANABHANAGAR, BANGALORE-560 070.
... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA-SPP–II FOR R-1;
SRI H. N. NANJUNDAIAH – ADVOCATE FOR R-2 – ABSENT) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDERS OF TAKING THE COGNIZANCE AGAINST THE PETITIONER SOCIETY IN EXECUTION NO.198/2010 ARISING OUT OF C.C.NO.1494/2010 WHICH IS PENDING BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT CONSUMER DISPUTE REDRESSAL FORUM AT BANGALORE.
IN CRL. P.No.2234/2013 BETWEEN THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.100, 11TH CROSS, 6TH MAIN ROAD MALLESHWARAM, BANGALORE-560003 REPERSENTED BY ITS’ DIRECTOR SRI K V ANANTHAPADMANABHA ... PETITIONER (BRI K .S. VENKATARAMANA - ADVOCATE) AND 1. STATE BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-1.
2. S. VAIDYANATHAN S/O SHIVARAMAN AGED ABOUT 59 YEARS NO.520, 10TH CROSS, 6TH MAIN BTM 2ND STAGE, MICO LAYOUT BANGALORE-560076 REP. BY HIS GPA HOLDER N. KRISHNAN.
... RESPONDENTS (BY SRI. I.S. PRAMOD CHANDRA – SPP-II FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDERS OF TAKING THE COGNIZANCE AGAINST THE PETITIONER SOCIETY IN EXECUTION NO.41/2006 ARISING OUT OF C.C.NO.1379/2005 WHICH IS PENDING BEFORE THE III ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in each of these cases is common, which is the Vyalikaval House Building Co-operative Society, formed with an object to develop and allot sites to its members on ‘No profit and no loss’ business. For the said purpose, the Society acquired certain lands. The Government of Karnataka issued a preliminary notification on 17.12.1984 and final notification was issued on 21.02.1986 in favour of the Society. However, the landlords challenged the said acquisition proceedings by way of filing writ petitions before this Court. This Court, in NARAYANA REDDY vs. STATE OF KARNATAKA (ILR 1991 KAR 2248) by its order dated 18.06.1999, quashed the acquisition. The said order is confirmed by the Hon’ble Supreme Court.
2. In the meanwhile, respondents in all these petitions, namely the members of the said Society, approached Consumer Disputes Forum by filing separate complaints seeking refund of the amount deposited towards allotment of sites or in the alternative, to allot sites in some other layouts to be formed by the petitioner - Society. In terms of Section 27 of the Consumer Protection Act, 1986 the Execution petitions were registered as respective Criminal cases for recovery of the amount.
3. Petitioner - Society in these petitions, has sought to quash the orders taking cognizance against the petitioner – Society and to quash all the proceedings arising out of the respective Execution Petitions filed before the III and IV Additional District Consumer Disputes Redressal Forums.
4. Since an appeal remedy is available to the petitioner under Section 27-A of the Consumer Protection Act, the petitioner – Society is directed to exhaust the said remedy.
Time spent before this court in agitating the matters shall be waived off in computing the limitation. Reserving this liberty, the petitions are disposed of.
SD/- JUDGE KS