In this petition, petitioners seek quashing of the impugned

proceedings in Cri.Complaint (C.C.) No.377/2019 on the file of

District Consumer Disputes Redressal Forum, Belagavi insofar as

the petitioners are concerned.

2. The material on record discloses that the respondent

initiated proceedings before the Consumer Forum in Consumer

Complaint No.2796/2018, in which, the petitioners were arrayed as

opposite parties 1 and 2. By ex-parte order dated 26.03.2019, the

Consumer Forum allowed the said complaint, pursuant to which,

the

respondent

initiated

the

instant

proceedings

in

C.C.No.377/2019 under Section 27(1) of the Consumer Protection

Act. The Consumer Forum having taken cognizance of the said

C.C.No.377/2019, issued notices to the petitioners who are arrayed

as accused Nos.1 and 2 in the said proceedings. Aggrieved by the

very initiation of the said proceedings in C.C.No.377/2019 against

them, the petitioners are before this Court by way of the present

petition.

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3. A perusal of the material on record will indicate that

several contentions have been urged by both sides in support of

their respective claims. It is however an undisputed fact that the

petitioners have not filed statement of objections nor any pleadings,

affidavits, applications etc., in the said C.C.No.377/2019. Under

these circumstances, I am of the considered opinion that the

present petition is premature and the same deserves to be

disposed of reserving liberty in favour of the petitioners to file their

objections and also pleadings, affidavits, applications etc., in the

said C.C.No.377/2019, which shall be considered by the Consumer

Forum after providing sufficient and reasonable opportunity to both

the parties and dispose of the same in accordance with law within a

stipulated time frame.

4. In the result, I pass the following:-

ORDER

(i) Petition is hereby disposed of.

(ii) Liberty is reserved in favour of the petitioners to file

pleadings, documents etc., before the District Consumer Disputes

Redressal Forum, Belagavi, in the said C.C.No.377/2019 on or

before 20.03.2023.

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(iii) Liberty is also reserved in favour of the petitioners to file

suitable application on or before 20.03.2023 seeking dismissal of

C.C.No.377/2019 and/or seeking discharge of the petitioners from

the said proceedings.

(iv) Liberty is reserved in favour of the respondent –

complainant to file his objections to the application to be filed by the

petitioners as stated supra.

(v) The Consumer Forum, Belagavi, is directed to consider

the said application to be filed by the petitioners as well as the

objections to be filed by the respondent and pass appropriate

orders on the same within a period of two weeks from 20.03.2023.

(vi) All rival contentions on all aspects of the matter are kept

open and no opinion is expressed on the same.

(vii) It is further directed that till disposal of the application to

be filed by the petitioners as stated supra, the Consumer Forum

and the respondent(s) is/are directed not to take any coercive /

precipitative steps against the petitioners.

Sd/-

JUDGE

SRL

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