P.MUNIASAMY GOUNDER vs DISTRICT COLLECTOR And PRESIDENT, NORTH ARCOT DISTRICT FISHERIES DEVELOPMENT CORPORATION

THIS is a complaint u/Sec. 17 read with Section 12 of the Consumer Protection Act.

THE case of the complainant is that from time immemorial, they have been taking water from Dasabantham tank for cultivating their lands. After acquisition of part of their lands and wells for forming the Railway line, the complainants have been deprived off their wells. THE agriculturists are therefore to depend entirely upon the Dasabantham Tank for irrigating their lands. But the tank water flows through the fields only for a month and thereafter these agriculturists have to bale out the water from the tank. Under the orders from the Tahsildar, Tiruppattur, the complainants and other agriculturists have been prevented from baling out the water. Consequently, the complainants and other agriculturists have been put to much loss and hardship. Their crops have been withering. They are unable to cultivate the lands. They are experiencing the hardships from 1988. They have therefore come to file this complaint claiming compensation.

The grievances of the complainants seem to be genuine but the question is whether they are consumers within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act. The Government of Tamil Nadu, in supplying water for irrigation is performing not only the statutory but also sovereign functions. It cannot be termed to be services within the meaning of Section 2(1)(o) of the Consumer Protection Act. Assuming the Government is rendering a service, it cannot be said that the complainants have hired the services of the opposite parties for any consideration. The complainants cannot therefore claim themselves to be consumers within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act. The complainants'' remedy is to move the High Court or the Civil Court of competent jurisdiction. On the ground that it does not come within the jurisdiction of the Consumer Court, this petition must fail. In the result, the petition is dismissed without costs. Complaint dismissed.