Not shifting overhead power line costs UHBVN Rs 1.35 lakh

  • HT Correspondent, Hindustan Times, Panchkula
  • Updated: Nov 11, 2014 19:48 IST

The district consumer disputes redressal forum, Panchkula, on Tuesday directed Uttar Haryana Bijli Vitran Nigam (UHBVN) to pay Rs 1.35 lakh to a resident of Sector 7 for not shifting overhead electricity wire on a plot.

The complainant, Urmil Sharma, submitted before the forum that she wanted to raise construction over her plot, but it was impeded due to an overhead power line. When she approached the UHBVN, she was asked to deposit Rs 11,030 as the estimated cost of shifting the wire. However, after she deposited the amount, the power department demanded another Rs 1.51 lakh as the cost of shifting the wire.

Sharma submitted that nothing was chargeable as the land fell within lal dora, though UHBVN objected to the argument.

The bench comprising president Dharampal and members Anita Kapoor and Anil Sharma commented, "There are affidavit-supported averments by the complainant about the quantification of the damage suffered by her due to non-raising of construction despite material being delivered at the site. As against it, the affidavit filed by an official of the UHBVN is formal in nature and cannot be deemed sufficient to rebut the affidavit filed by the complainant. It may be noticed at this stage that the affidavit filed by the complainant contains as many as 14 paras, which correspond to each factual averment made in the course of the complaint. On the other hand, the affidavit filed by a UHBVN official only states that the contents of the written statement are reiterated."

The judgment added, "Such an announcement and verification is not allowable under the law and the law requires each and every para to be verified individually by the deponent which has not been done by the UHBVN official in this case."

Disposing of the case, the forum ordered UHBVN to shift the wire, pay Rs 50,000 as compensation for mental agony and harassment, Rs 50,000 for escalation in the cost of construction, Rs 25,000 for damage to construction material and Rs 10,000 as cost of litigation. This amounts to Rs 1.35 lakh fine to UHBVN.

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