Karnataka High Court
Smt Vidya Kamal Kumari R C vs The State Of Karnataka on 12 February, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION No.58713/2015 (CS-RES)
BETWEEN
SMT. VIDYA KAMAL KUMARI R C
W/O SRI PRAMOD SINGH K J,
#403, ROHITHA GARDENS,
OPP. TATANAGAR WATER TANK,
4TH MAIN, 1ST CROSS, TATANAGAR,
BANGALORE-560 092 ... PETITIONER
(BY SRI R BALAJI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY,
DEPARTMENT OF CO-OPERATIVE SOCIETIES,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
NORTH CIRCLE ZONE,
BANGALORE DISTRICT,
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RACE COURSE ROAD,
BANGALORE-560 001.
3. M/s.POPULAR FINANCE (REGIONAL OFFICE)
No.1382, 1ST CROSS, (AMENDED
JAYANAGAR EAST END CIRCLE, VIDE ORDER
BANGALORE - 560 069, DATED 13.11.2017)
BY ITS REGIONAL MANAGER.
4. M/s.POPULAR FINANCE,
No.2, A.R ARCADE (AMENDED VIDE ORDER
60 FEET ROAD DATED 13.11.2017)
GOKUL FIRST STAGE
MATHIKERE
BANGALORE 560 054
BY ITS MANAGER. ... RESPONDENTS
(BY SRI LAXMINARAYANA, AGA FOR R1 AND R2,
SRI N.KRISHNAPPAN, ADVOCATE FOR R3
R4 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE SECOND RESPONDENT TO CREATE AND
MAINTAIN A REGISTER FOR RECEIVING SIMILAR
COMPLAINTS AGAINST FINANCE COMPANIES AND PAWN
BROKERS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
A frivolous litigation is initiated by the petitioner after borrowing loan from the third and fourth respondents in this writ petition.
2. The petitioner has sought for quashing of the order of the second respondent - Deputy Registrar of Co-operative Societies, North Circle zone, Bengaluru District, dated 05.06.2015 (Annexure 'A' to the petition) and for a direction to the second respondent to create and maintain a register for receiving complaints similar to the one filed by her against Finance Companies and Pawn Brokers. She has further sought for a direction to the respondents to assign case number to the complaint given by her vide Annexure 'C' to the petition and to reopen the same and dispose it of in accordance with law.
3. It is stated that M/s. Popular Finance is a Company engaged in money lending business and pawn broking business and has got various branches in Bengaluru and -4- governed by the Karnataka Money Lenders Act, 1961 and the Karnataka Pawn Brokers Act, 1961.
4. Admittedly, the Writ Petition was initially filed only against the State of Karnataka represented by its Secretary, Department of Co-operative Societies, and the Deputy Registrar of Co-operative Societies, before whom, the complaint (Annexure 'C' to the petition) is filed by her as contemplated under Section 13 of the Karnataka Money Lenders Act, 1961 (hereinafter referred to as 'the Act') against M/s. Popular Finance (Regional Office) at Jayanagar East End Circle and M/s. Popular Finance, Mathikere Branch. In the said complaint, the applicant - petitioner herein has inter alia sought for cancellation of licences of respondents therein, namely Regional Office and Mathikere branch of M/s. Popular Finance and punish them for the offences under Sections 37, 38 and 39 of the said Act.
5. Heard the learned counsel for the petitioner, learned Additional Government Advocate appearing for respondent Nos.1 and 2 and learned counsel appearing for -5- respondent No.3. Respondent No.4 though served with notice, has remained unrepresented. Perused the material on record.
6. The material on record discloses that prior to filing of the said complaint before the Deputy Registrar of Co- operative Societies, the petitioner herein has initiated several litigations before the various Authorities, the details of which are stated in the ensuing paragraph.
7. It is submitted by learned counsel for respondent No.3 - M/s. Popular Finance that the petitioner had taken loan of Rs.2,86,000/- on 28.11.2011 from St. Marks Road branch of M/s. Popular Finance by pledging her gold ornaments under four gold loan account bearing Nos.15509 to 15512. Subsequently, she had borrowed in all, a sum of Rs.6,05,500/- from Mathikere Branch of M/s. Popular Finance on two different dates i.e., under two gold loan accounts on 21.01.2012 and four gold loan accounts on 07.02.2012. Though the said loans were taken in the year 2011-12, the petitioner herein had not repaid the same. -6-
8. When the matter stood thus, the petitioner lodged a complaint against M/s. Popular Finance before the Karnataka State Legal Services Authority. The matter was taken up for mediation and settlement was arrived at between the parties on 05.06.2012 whereby the petitioner herein agreed to repay the loan borrowed under the gold loan accounts within one year from the aforesaid date and both the parties signed the compromise proposal. Since the petitioner did not repay the loan amount, M/s. Popular Finance sought to auction the gold ornaments of the petitioner herein in the month of March 2013 resulting in the petitioner herein filing suit in O.S.No.3548/2013 against M/s. Popular Finance before V Additional City Civil and Sessions Judge, Bangalore, on 15.05.2013 for stalling the auction proceedings. The said suit came to be dismissed by the judgment of the trial Court dated 22.11.2014.
9. It is further submitted that during the pendency of the said suit, the petitioner herein filed a complaint in C.C. No.1278/2013 before the III Additional Bangalore Urban District Consumer Disputes Redressal Forum (for short 'District -7- Forum') seeking compensation of Rs.5,00,000/- for deficiency of service on the part of M/s. Popular Finance. The District Forum, by order dated 13/02/2014, dismissed the said complaint filed by the petitioner herein by imposing cost of Rs.5,000/-. The petitioner herein being aggrieved by the said order, filed an appeal in Appeal No.348/2014 before the Karnataka State Consumer Disputes Redressal Commission (for short, 'State Commission') and the said appeal is pending consideration before the State Commission. Besides this, the petitioner has also filed a writ petition in W.P. No.27097/2014 on 11.06.2014 before this Court seeking direction to the respondents therein, namely, the State of Karnataka and Assistant Registrar of Co-operative Societies, to enquire into the complaint dated 21.05.2012 given by the petitioner herein. The petitioner herein sought to withdraw the said writ petition. Accordingly, a coordinate Bench of this Court has dismissed the said writ petition as withdrawn by its order dated 06.11.2014 while reserving liberty to the petitioner herein to avail remedy in accordance with law before the Competent Forum.
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10. Pursuant to the said liberty, the petitioner herein preferred an appeal in RFA No.16/2015 on 02.01.2015 before this Court challenging the judgment and decree dated 22.11.2004 passed by the trial Court in O.S. No.3548/2013. Apart from that, in the month of December 2014, the petitioner herein has also filed two complaints, one before the Deputy Registrar of Co-operative Societies, North zone and another before the Deputy Registrar of Co-operative Societies, Central Zone. Both the complaints are said to be temporarily closed. Thereafter, the present writ petition is filed.
11. Heard the learned counsel for the petitioner, learned Additional Government Advocate appearing for respondent Nos.1 and 2 and learned counsel appearing for respondent No.3. Respondent No.4 though served with notice, has remained unrepresented. Perused the material on record.
12. The impugned order dated 05.06.2015 at Annexure 'A' to the petition discloses that the Deputy Registrar of Co-operative Societies has taken note of the various -9- litigations including appeal in appeal No.348/2014 on the file of the State Commission and another appeal in RFA No.16/2015 on the file of this Court, initiated by the petitioner herein against the respondent - M/s. Popular Finance and has observed that the matter was sub judice and accordingly, disposed of the complaint filed by the petitioner herein.
13. After going through the prayers sought in the petition, this Court is of the considered opinion that the same cannot be entertained in writ jurisdiction, more particularly, in the background of litigations, which are continuously persuaded by the petitioner herein against respondent Nos.3 and 4 herein. In the fact situation, this Court will have to dismiss this writ petition holding that the same is a frivolous litigation initiated by the petitioner to unnecessarily harass the third and fourth respondents herein, against whom, the appeal in Appeal No.348/2014 before the State Commission and appeal in RFA No.16/2015 on the file of this Court, both preferred by the petitioner herein, are pending consideration.
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14. In that view of the matter, this Writ Petition is dismissed with exemplary cost of Rs.25,000/- (Rupees twenty five thousand only) payable by the petitioner to the Registry of this Court within fifteen days from the date of receipt of copy of this order. Registry shall send a copy of this order to the petitioner forthwith. If cost is not paid within the time stipulated, the Registry shall initiate proceedings for recovery of the said amount as arrears of land revenue.
15. Accordingly, this Writ Petition is dismissed.
Sd/-
JUDGE sma