MONA ITTINA Vs. ITTINA PROPERTIES PVT LTD KORAMANGALA

JUDGEMENT

(1.) Petitioner has sought for quashing of proceedings in C.C. No. 20/2010 in E.P. No. 35/2010 arising out of complaint 354/2009 on the file of the IV Additional District Consumer Disputes Redressal Forum, Bangalore initiated under Section 27 of the Consumer Protection Act on the ground that the petitioner being the Director is not liable for prosecution in respect of the orders passed by the District Consumer Forum and State Forum. The brief facts of the case are :

(2.) The respondent Nos. 2 to 4 contended that during the life time of Maheshwarappa, Director of the Company, the petitioner is one of the Directors of M/s. Ittina Properties Pvt. Ltd., actually engaged in the business and affairs of the Company. Therefore, she is liable to be prosecuted for the offence punishable under Section 27 of the Consumer Protection Act.

(3.) Learned Counsel for the petitioner submitted that there are no allegations against the petitioner that she is criminally liable for prosecution under Section 27 of the Act and there are no adjudication under the Act. It is further submitted that there is no provision fastening the liability on the petitioner that she is criminally liable to be prosecuted under Sections 25 and 27 of the Act. Therefore, the proceedings against the petitioner is liable to be quashed