Karnataka HC Declines To Fast-Track Consumer’s Fresh Execution Case After Earlier One Was Closed For Non-Appearance

The petitioners sought a mandamus directing the District Consumer Commission to proceed expeditiously with execution of its final order dated 22 November 2023 in Consumer Complaint No. 254/2022, and to consider enforcement measures including asset disclosure and attachment

An earlier execution proceeding, E.A. No. 24/2024, was closed on 30 January 2025 after the petitioners were absent and unrepresented; the petitioners’ submission that the hearing date had been incorrectly recorded was unsupported by material on record

The petitioners subsequently filed E.A. No. 12/2025, which was stated to be pending before the District Consumer Commission

The petition invoked Articles 226 and 227 of the Constitution of India and sought enforcement measures under Section 71 of the Consumer Protection Act, 2019, read with applicable provisions of Order XXI of the Code of Civil Procedure, 1908

It held that, in the circumstances, the petitioners should prosecute the pending execution proceedings under the Consumer Protection Act, and that the basis to entertain the writ petition under Article 226 did not arise

The Court noted that the earlier execution proceeding had been closed after the petitioners failed to appear, and found no record supporting their explanation that the hearing date had been erroneously recorded

Since the petitioners had thereafter initiated E.A. No. 12/2025 and that application remained pending, the Court considered that they should pursue the statutory execution process rather than obtain the requested writ directions

Pending interlocutory applications, if any, were disposed of