UHBVNL Vs. CHAMELA RAM

JUDGEMENT

(1.) Petitioner herein which was the Opposite Party before the District Forum has filed this Revision Petition against the order dated 20.7.2007 passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (in short, 'the State Commission') in appeal No. 202/2007 whereby the State Commission has dismissed the appeal filed by the Petitioner. District Forum had allowed the complaint directing the Petitioner to remove the high tension wires passing over the roof of the house of the complainant and electric pole standing in the plot of the Complainant within six months at their own costs.

(2.) Briefly stated the facts of the case are that the high tension wires were passing over the roof of the house of the complainant and a pole was also standing in the plot adjoining to the house of the complainant in which he was to construct a room. Due to electric pole standing in the plot complainant was not able to raise construction in the said plot. There was a danger to the life and the property of the complainant due to the high tension wires. Complainant approached the Petitioner a number of times to remove the high tension wires and the electric pole standing in the adjoining plot but the Petitioner refused to remove the same unless the requisite charges were paid by the complainant. Aggrieved by this action, complainant filed the complaint before the District Forum.

(3.) Petitioner, being served, put in appearance and filed its reply resisting the complaint, inter alia, on the grounds that the high tension wires were passing over roof of the house of the complainant for the last more than 43 years as per the rules and regulations of the Department; that the complainant had intentionally constructed the house beneath the high tension wires about 4-5 years back without obtaining permission from the Department; that the house of the complainant was situated outside the Lal Dora and as per the Rules and Regulations issued by the Department the complainant was required to make payment for removing the high tension wires and the electric pole; that the estimate for removing the high tension wires and electric pole was prepared and delivered to the complainant but the complainant did not deposit the charges.