BABULAL JAISWAL Vs. SHARDA ROCK DRILLERS

JUDGEMENT

(1.) This is an appeal directed against the order passed by the District Consumer Disputes Redressal Commission, Raipur (hereinafter referred to as the District Forum) against the order dated 29/7/1999 passed in complaint No.459/98 directing the O. P. /respondents to pay Rs.5,000.00 jointly or severally with interest @ 18% and a cost of Rs.500.00 for deficiency in service.

(2.) The contention of the complainant in brief is that the complainant got a tube well sunk in his fields in village Adar in February 1997. The tube well was dug @ Rs.50/- per foot for 172 ft. and a bill for Rs.14,825/- dated 18.2.1997 was issued by respondent 1. The water yield was got tested through the MP Agro Industries Development Corporation and was reported to be 4" but the water was found muddy. The respondent No.2 on being contacted assured that the defect will be rectified in a day or two on return of the Rig machine which was engaged elsewhere. However, since the rectification did not take place he got it examined by a Calics mechanic who informed that the joint of the casing pipe has slipped. To prevent seepage of water from outside a 13-feet deep pit was dug around the bore and was compacted. In July, 1997 the complainant tried to get a submersible pump installed but the mechanic told that the submersible pump could not be lowered to the full depth because of overlapping of the casing pipe resulting in narrowing of diameter of the bore.

(3.) The complainant has lost his crops in 1997 and prayed for an award of Rs.14,825/- as the amount paid to the respondents, Rs.1,952/- as amounts paid to the MP Agro Industries Corporation for yield test, Rs.3,000/- as expenses and Rs.50,000/- as damages to the crop.