SUB-DIVISIONAL OFFICER Vs. KIRPAL SINGH

JUDGEMENT

(1.) Vide this order, two Appeal Nos.42 and 43 of 1998 are being disposed of. Though District Forum, Mansa disposed of two complaints filed by different persons separately, however, the facts involved are the same.

(2.) In Complaint No.507, Kirpal Singh and 24 other residents of Village Nangal Khurd, Tehsil and District Mansa are the complainants whereas in Complaint No.506 of 1997, Sukhdev Singh and 13 others are the complainants, residents of Village Nangal Khurd, Tehsil and District Mansa. The grouse of the complainants was common that on account of breach in the Canal their fields were flooded with water damaging their crops hence they claimed compensation giving details of their land and the nature of the crops sown and estimates of the loss suffered. The complaints were filed against the State of Punjab, X. E. N. , Irrigation Department and S. D. O. (I. B.), Canal Rest House, Mansa. The opposite parties contested the complaints, inter alia, asserting that the complainants were not consumers. On merits, the extent of damage suffered was disputed. Their negligence in causing damage was also disputed. It was stated to be an act of God. On evidence produced by parties, the impugned orders were passed allowing the complaints and granting different amounts of compensation to the complainants. In Complaint No.507, total amount payable to the Complainants was stated to be Rs.2,70,000/-. In the other complaint, also a total amount of Rs.2,70,000/- was held to be payable to the complainants proportionately, hence, these two appeals.

(3.) The short question involved in these appeals is as to whether in the facts and circumstances of the case, the complainants can be treated as consumers as defined entitled to file complaints for compensation under the Consumer Protection Act. Sec.2 (1) (d) of the Consumer Protection Act defines 'consumer' as under : "consumer" means any person who- (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) {hires or avails of} any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary or such services other than the person who {hires or avails of} the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payments, when such services are availed of with the approval of the first-mentioned person. "