(1.) Mr. Sharad Pathak, learned Counsel for the appellant has been heard.
(2.) 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.
(3.) 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/s. Chief Engineer, by the respondents was justified and the complainant's case was wholly misplaced.