- 1 - HC-KAR NC: 2025:KHC:26828 WP No. 2902 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2902 OF 2024 (GM-KEB) BETWEEN: THE ASSISTANT EXECUTIVE ENGINEER (ELE), CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESC), O AND M SUB-DIVISION, GONIKOPPAL - 571 213. KODAGU DISTRICT. …PETITIONER (BY SRI. H.V.DEVARAJU., ADVOCATE) AND: 1. SMT. PONAMMA W/O SRI. S.MURUGESH, AGED ABOUT 50 YEARS, 4TH BLOCK, RAKSHITH DRY CLINIC, PONNAMPET MAIN ROAD, NEAR KEB, GONIKOPPAL - 571 213. KODAGU DISTRICT. 2. THE CHAIRPERSON, CONSUMER GRIEVANCE REDRESSAL FORUM (CGRF), OFFICE OF O AND CIRCLE CESC, MADIKERI - 571 201. 3. THE ELECTRICITY OMBUDSMAN, NO. 16, C-1 MILLER TANK BED AREA, BEHIND JAIN HOSPITAL, VASANTHA NAGAR, BENGALURU - 560 052. …RESPONDENTS (SERVED AND UNREPRESENTED) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26828 WP No. 2902 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.H.V.Devaraju., counsel for the petitioner has appeared in person. 2. An emergent notice was ordered to the respondents on 31.01.2024. A perusal of the office note depicts that the respondents are served and unrepresented. They have neither engaged the services of an advocate nor conducted the case as a party in person. 3. By the order dated:10.10.2023, the third respondent has waived the award of interest and imposed cost on the petitioner. Hence, the petitioner is before this Court. 4. Counsel for the petitioner urged several contentions and submits that the department has initiated action against the erring official. Hence, imposition of cost and waiver of - 3 - HC-KAR NC: 2025:KHC:26828 WP No. 2902 of 2024 interest is untenable. Counsel therefore, submits that an appropriate order may be passed. Heard the arguments and perused the Writ papers with care. 5. The issue revolves around waiver of interest and imposition of cost on the petitioner. Taking note of the relevant Clause of the Conditions of Supply of Electricity of Distribution Licensees in the State of Karnataka, the CGRF was justified in awarding the simple interest. However, the Ombudsman waived the interest and imposed the cost on the petitioner. This is untenable. Because of Clause 29.05 of the Conditions of Supply of Electricity of Distribution Licensees provides for levy of interest. The Ombudsman has overlooked this aspect of the matter. Hence, the order of Ombudsman as far as wavier of interest and imposition of cost is set-aside and the order of CGRF is confirmed. 6. The Writ of Certiorari is ordered. The order dated 10.10.2023 passed in OMB/C/G-521/2023 vide Annexure-H as far as the wavier of interest and imposition of cost is quashed. - 4 - HC-KAR NC: 2025:KHC:26828 WP No. 2902 of 2024 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 8