PRAFULLA KUMAR JENA Vs. GANGADHAR MISHRA & ANR

JUDGEMENT

(1.) BY means of this appeal, the appellant, who was the opposite party No. 1, Junior Engineer, Lift Irrigation Section, Daspalla assails the order passed by the District Forum, Nayagarh in C.D. Case No. 56 of 1999 on 20.7.2001 directing him (appellant) to pay to the complainant / respondent No. 1 -Gangadhar Mishra, a cultivator, compensation of Rs. 15,990 and cost of Rs. 500 for deficiency in service pertaining to supply of water to the land of the complainant from the Lift Irrigation point in the village from 22.9.1999 to 15.10.1999,

(2.) THE fact of the complaint case filed by the respondent No. 1 -Gangadhar Mishra is that he had entered into an agreement on 25.8.1999 with the Orissa Lift Irrigation Corporation Limited for supply of water to his land, where he grew Khariff paddy crop during the 1999 agricultural year, from Hatiposi L.I. Project of Madhyakhanda under Daspalla Section. He had paid Rs. 447.15 to the opposite party No. 1/appellant and obtained money receipt from the date of entering into agreement i.e. 25.8.1999. It is his allegation that despite his repeated requests, particularly on 4.10.1999, 15.10.1999 and 3.11.1999, the opposite parties sat over the applications for unduly long time and did not supply water to his land for irrigation with ulterior and mala fide motive and thereby paddy crop raised by him was completely damaged for want of water from 22.9.1999 for a considerable period.

(3.) THE opposite party No. 1 filed his written version before the District Forum resisting the claim of the complainant and he pleaded inter alia that the complainant is not a consumer within the ambit and scope of the Consumer Protection Act, 1986. It was further stated in the written version that the complainant had not asked the opposite party No. 1 prior to 4.10.1999 for supply of water to his land and it was also not possible to supply water due to breakdown of power line of GRIDCO as well as burning of transformer. After installation of the new transformer, power supply was restored on 15.10.1999 and water supply was resumed on 16.10.1999. The opposite parties totally denied any approach by the complainant to them or any complaint made by him prior to 4.10.1999. We have heard both the learned Counsel and we have also referred to the form of agreement entered into by the cultivators of village -Madhyakhanda on 25.8.1999 pertaining to supply of water through the Lift Irrigation Project. In Clause 6 of the said agreement, there is a clear mention that: