DALE FERNANDEZ vs THE BENGALURU 1ST AND RURAL ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60193
WP No. 30604 of 2026
CNR: KAHC010668652026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 30604 OF 2026 (GM-CON)
BETWEEN:
DALE FERNANDEZ
S/O. SRI CANDID THEODORE FERNANDEZ,
AGED ABOUT 35 YEARS,
RESIDING AT FLAT NO. A1,
DZIRE, NEW NO.24,
3RD A CROSS, KACHARAKANNAHALLI,
HRBR LAYOUT,
BENGALURU 560084.
REPRESENTED HEREIN BY HIS
DULY CONSTITUTED SPA HOLDER.
MS. LAVON DONATUS FERNANDEZ,
D/O. SRI CANDID THEODORE FERNANDEZ,
AGED ABOUT 33 YEARS,
RESIDING AT FLAT NO. A1, DZIRE,
NEW NO.24, 3RD A CROSS,
KACHARAKANNAHALLI,
HRBR LAYOUT, BENGALURU 560084.
…PETITIONERS
(BY SRI. KAPIL DIXIT.,ADVOCATE)
AND:
1. THE BENGALURU 1ST AND RURAL
ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION
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NC: 2026:KHC:60193
WP No. 30604 of 2026
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B M T C BUKS STAND SHANTHINAGAR
BENGALURU 560027
REP BY ITS REGISTRAR
2. THE STATE OF KARNATAKA
THE STATION HOUSE OFFICER,
MARATHAHALLI POLICE STATION,
BENGALURU 560037.
REPRESENTED BY THE HIGH COURT
GOVERNMENT PLEADER,
HIGH COURT OF KARNATAKA,
BENGALURU 560001
M/S UNITED INC
A PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO. B -6
1ST FLOOR SILVER SPRINGS LAYOUT
SPICE GARDEN MARATHAHALLI
BENGALURU 560037
REP BY ITS MANAGING PARTNERS
3. MR ANWAR SHARIFF
S/O SRI ABDUKL SATTAR
AGED ABOUT 65 YEARS
MOBILE NO 919900656830
4. MR SALMAN SHARIFF
S/O SRI ABDULL SATTAR
AGED ABOUT 32 YEARS
5. MR S DAMODARAM
S/O SRI S CHINNASWAMY NAIDU
AGED ABOUT 44 YEARS
MOBILE NO 9353447795
9448088874
6. MR. B. SURESH KUMAR,
S/O. SRI B. SREERAMULU NAIDU,
AGED ABOUT 35 YEARS,
MOBILE NO. 988607559.
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NC: 2026:KHC:60193
WP No. 30604 of 2026
CNR: KAHC010668652026
…RESPONDENTS
(BY SRI. HARISHA A S, AGA FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE
NATURE OF A WRIT OF MANDAMUS DIRECTING RESPONDENT
NO.1 TO TAKE UP AND PROCEED WITH EA NO. 12/2025
(PRESENT AS ANNEXURE-D ARISING OUT OF THE FINAL
ORDER DATED 22.11.2023 (PRESENT AS ANNEXURE-A)
PASSED BY THE BENGALURU 1ST AND RURAL ADDITIONAL
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION IN
CONSUMER COMPLAINT NO.254/2022 (PRESENT AS ANNEXURE
B), EXPEDITIOUSLY TO BRING THE EXECUTION PROCEEDINGS
TO THEIR CONCLUSION WITHIN SUCH TIME AS MAY BE FIXED
BY THIS HONBLE COURT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present petition is filed seeking for the following
reliefs:
(a) Issue an appropriate writ, order or direction in the
nature of a writ of mandamus directing Respondent
No.1 to take up and proceed with E.A. No.12/2025
(present as ANNEXURE D) arising out of the final order
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 30604 of 2026
CNR: KAHC010668652026
dated 22.11.2023 (present as ANNEXURE - A) passed
by the Bengaluru 1st & Rural Additional District
Consumer Disputes Redressal Commission in Consumer
Complaint No.254/2022 (present as ANNEXURE B),
expeditiously to bring the execution proceedings to their
conclusion within such time as may be fixed by this
Hon'ble Court;
(b) Direct Respondent No.1 to take all such further and
effective steps as are permissible in law for enforcement
and realization of the decretal amount, including the
modes of execution available under Section 71 of the
Consumer Protection Act, 2019 read with the applicable
provisions of Order XXI of the Code of Civil Procedure,
1908;
(c) Direct Respondent No.1 to consider and take
appropriate steps, in accordance with law, for disclosure
of the assets, bank accounts, movable and immovable
properties, receivables and other attachable assets of
the Judgment Debtors and, in particular, to consider the
attachment of the bank account particulars of
Respondent No.6/Judgment Debtor No.4, namely Bank
Account No. 0152 0154 8617, subject to verification and
compliance with the procedure prescribed by law, and
thereafter to take appropriate steps for attachment and
realization thereof in accordance with law;
(d) Direct Respondent No.1, in the event of continued
non-compliance and failure of the Respondent Nos. 3-
6/Judgment Debtors to satisfy the final order, to
consider and take such procedural and coercive
measures as are permissible in law, including disclosure
of assets, attachment and sale of attachable properties,
attachment of debts, receivables and monies payable to
the Judgment Debtors, and such other coercive process
as may be warranted upon the facts and circumstances
of the case and in accordance with the procedure
prescribed by law;
(e) Direct Respondent No.1 to obtain appropriate police
assistance, including from Respondent No.2, for
effective service and implementation of orders in the
execution proceedings, and to consider the mobile
contact particulars of the Judgment Debtors furnished
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 30604 of 2026
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by the Petitioner for facilitating such service, in
accordance with law.;
(f) Direct Respondent No.1 to submit a
compliance/status report before this Hon'ble Court, if
this Hon'ble Court deems it appropriate, indicating the
steps taken towards effective execution and realization
of the decretal amount;
(g) Pass such other order or direction as this Hon'ble
Court may deem fit in the facts and circumstances of the
present case, in the interest of justice and equity. "
2. The petitioner is the complainant in Consumer
Complaint No.254/2022, and the said proceedings having
culminated in the final order dated 22.11.2023 (Annexure-A to
the writ petition) passed by the Bangalore I Additional District
Consumer Disputes Redressal Commission, Shanthinagar,
1
Bangalore , the petitioner filed Execution Application
No.24/2024 before the District Consumer Commission.
3. It is forthcoming that on 12.11.2024, the said
execution proceedings was adjourned for recording the sworn
statement of the complainant by 06.12.2024. However, on
06.12.2024, on the request made on behalf of the petitioner for
taking steps, the execution proceedings were adjourned to
03.01.2025. Thereafter, since both the parties were absent, the
1
Hereinafter referred to as District Consumer Commission
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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matter was adjourned to 30.01.2025 for steps as a last chance.
Subsequently, on 30.01.2025, since the petitioner was absent
and there was no representation on behalf of the petitioner, the
said execution proceedings was closed.
4. It is the submission of the learned counsel for the
petitioner that the date of hearing was erroneously recorded
and hence, there was no representation on behalf of the
petitioner. However, there is no material on record to indicate
the same.
5. It is further forthcoming that the petitioner has
subsequently filed Execution Case No.12/2025 (Annexure-D to
the writ petition) before the District Consumer Commission and
the same is stated to be pending consideration.
6. In view of the fact that the petitioner has once
again initiated execution proceedings under the provisions of
the Consumer Protection Act, 2019, the petitioner is to
prosecute the same in terms of the provisions of the said Act.
7. Having regard to the aforementioned factual matrix,
the question of entertaining the present petition under Article
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 30604 of 2026
CNR: KAHC010668652026
226 of the Constitution of India does not arise. Accordingly, the
writ petition is dismissed.
8. Pending IAs., if any, stand disposed of.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
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