ADHISHASI ABHIYANTA Vs. GAYA PRASAD

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 1.3.1995 passed by District Consumer Forum, Hardoi in Complaint Case No.1467/1993.

(2.) The facts of the case stated in brief are that the complainant has his plot No.272 adjacent to Minor (Canal ). This plot is irrigated from Minor Canal. According to the complainant in the year 1992-93 the complainant did not draw any water from the Minor by committing theft. The Pathrol of the Canal Department wanted certain illegal gratification which was not being given by the complainant and other persons of the village. Hence they were threatened that they will be forcibly roped in for theft without drawing water from the Minor. When the persons of the village did not accede to the request of the Pathrol, a false case of theft was planted against the complainant and a sum of Rs.800/- was imposed as penalty. This fact was disclosed to the complainant when the Amin came to realise the amount. According to the complainant he did not receive any intimation from the Canal Department of having committed this alleged theft. He has claimed a sum of Rs.2,000/- as compensation.

(3.) The opposite party alleged that the complainant is not a consumer and denied the allegations levelled against the department.