- 1 - HC-KAR NC: 2025:KHC-D:10724 WP No. 22061 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 22061 OF 2014 (GM-KEB) BETWEEN: HUBLI ELECTRICITY SUPPLY COMPANY LTD., (HESCOM), HAVING ITS OFFICE AT:O AND M CITY SUB-DIVISION-3, INDUSTRIAL ESTATE, GOKUL ROAD, HUBLI-580030, REPRESENTED BY ITS ASST. EXECUTIVE ENGINEER (ELE.,) - PETITIONER (BY SRI. B.S. KAMATE, ADVOCATE) AND: 1. SRI G.M. CHATKONDI, SON OF NOT KNOWN TO THE PETITIONER, MAJOR IN AGE, C/O. TUSHAR M. BADDI, NEAR STATE BANK OF INDIA, KESHAWAPURA, HUBLI-580030. 2. THE CONSUMER GRIEVANCE REDRESSAL FORUM ATTACHED TO HESCOM, TABIB LAND, HUBLI-580020, DHARWAD DISTRICT, REPRESENTED BY ITS CHAIRMAN. - RESPONDENTS (BY SRI. UMESH C. AINAPUR, ADVOCATE FOR R1; NOTICE SERVED TO R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER CONTAINED IN ANNX-D DATED 29.03.2014 IN THE CASE NO.135 ON THE FILE OF THE SECOND RESPONDENT, BY ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION GRANT AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.23 18:20:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10724 WP No. 22061 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present writ petition has been filed by the Hubli Electricity Supply Company Ltd. (for short, ‘HESCOM’) calling in question the correctness of the order of The Consumer Grievance Redressal Forum attached to HESCOM (for short, ‘Forum’), whereby the said Forum after a detailed consideration of the grievance of the respondent No.1 regarding non refund of deposit of Rs.17,120/- has passed an order against the petitioner for refund of the said amount. Certain directions were passed regarding amount of Rs.19,965/- stated to have been in arrears by the first respondent to the petitioner. 2. In terms of the order at internal page No.7, the Forum while noticing the amount owed by the first respondent while also noticing certain lapses by the officials of the petitioner in raising a demand within a reasonable period of time had observed that the amount of Rs.19,965/- may be recovered from the erring officials. - 3 - HC-KAR NC: 2025:KHC-D:10724 WP No. 22061 of 2014 3. It must be noticed that the present petition must be construed to be limited to direction of the Forum as regard the petitioner to pay an amount of Rs.17,120/- to the first respondent. The direction at para No. 2 relates to a direction for recovery from the erring employees of the first petitioner and it could be stated that such aspect is one between the petitioner and its employees and the present writ petition may be confined to amount payable to the first respondent. 4. The finding of the Forum regarding non returning of Rs.17,120/- to the first respondent is a finding of fact. Further the Forum has also recorded a finding that the delay, if any, in seeking for refund would not have the effect of extinguishing the right to demand refund of Rs.17,120/-. Accordingly, the direction for refund of Rs.17,120/- as recorded by the Forum does not call for any interference. Such amount to be refunded to the first respondent within a period of six weeks from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC-D:10724 WP No. 22061 of 2014 5. Insofar as the amount of Rs.19,965/-, it is a matter between the petitioner and its employees and the Court would leave it to the discretion of the authorities concerned while observing that such aspect need not be entered into in the present proceedings as presently the lis is between the petitioner and first respondent. In light of the observation made above, the petition stands disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE BVV CT-CMU LIST NO.: 1 SL NO.: 9