Vishwanath Pandey vs EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT

MR. Sharad Pathak, learned Counsel for the appellant has been heard.

THE complainant''s allegations were that a canal existed near about two fields of the complainant Vishwanath Pandey in which wheat and peas were being cultivated after spending Rs. 4,500/-. It is alleged that due to negligence of the Executive Engineer of the Irrigation Department and others the said canal got damaged on one of its sides with the result that the two fields were sub-merged for months causing loss of Rs. 15,500/- to the complainant. The aforesaid being only allegation the complaint has been dismissed holding that no consumer relationship came into existence between the appellant and the opposite parties in the complaint. It has further been held that the reliance on the case of Kunwar Sudhakar Singh v. Chief Engineer, by the respondents was justified and the complainant''s case was wholly misplaced.

Mr. Pathak wanted to argue that because some payment was made towards irrigation facility, the relationship of consumer and service rendered was established. He further contended that the said payment should be taken as fees and not as tax and, therefore, the opposite parties were extending service in lieu of the fees paid by the complainant. This argument is also wholly misplaced. Running of a canal is a facility which a villager may or may not obtain inspite of paying irrigation charges. By depositing the irrigation charges nobody is bound to take water, though perhaps none may refuse. Therefore, if there was a damage in the canal that could have been repaired by the complainant with the help of local people or by intimating the officers of the opposite parties. The finding is that the respondent pleaded specifically that no notice of any such damage was ever sent to the opposite parties. In view of what has been discussed above there is no error in the judgment passed by the District Forum. Dismissed. Let a copy of this order be issued to the parties as per rules. Appeal dismissed.