N.KUMAR
Shanthiniketan Housing Foundation – Appellant
Versus
Brig (Retd) J. N. Devaiah – Respondent
In all these Writ Petitions the petitioners have challenged the constitutional validity of Section 27(2) and (3) of the Consumer Protection Act, 1986 (hereinafter for short referred to as ‘the Act’) as well as the procedure followed by the District and State Consumer Forum in issuing arrest warrants against them. Therefore, all these Writ Petitions are taken up for consideration together and disposed of by this common order. However, for proper appreciation of the rival contentions, the facts pleaded in W.P.No. 700/2008 and the statement of objections filed in W.P.No. 18465/2006 by the Union of India which was adopted by them as the statement of objections in all the Writ Petitions is set out as under.
2. The petitioner is a registered partnership firm. It is in the business of land development and construction. The petitioner entered into an agreement with the land owners for development of land bearing Sy. No. 4848 and 2878 at 6th Main, V.V. Puram, Devaraja Mohalla, Mysore, on 29.7.2002. The petitioner also entered into an agreement with the respondents on 22.4.2004 for assigning, developing and completion of Hi-land park apartments at Mysore. According to the petition
State of Karnataka Vs. Vishwabarathi House Building Co Op. Society And Others
Ratilal Bhanji Mithani Vs State of Maharashtra And Others AIR 1979 SC 94
V.C. Shukla Vs State Through CBI AIR 1980 SC 962
State of Bihar vs. Ram Naresh Pandey and another AIR 1957 SC 389
Omprakash Shivprakash vs K.I. Kuriakose and others (1999) 8 SCC 633
Bipinchandra Parshottamdas Patel (Vakil) vs State of Gujarat (2003) 4 SCC 642
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