Date of Judgement Dt.24.04.2014
J U D G E M E N T
By Sri S.C.Nayak, P.
This is complainant’s case alleging deficiency of service on the part of the O.Ps.
The factual matrix of this case as culled out from the complaint petition is that the complainant is a cultivator. He has landed properties recorded in his name under khata No.97 of village Naktikana as per 5th settlement record. He is in possession of the said lands and paying rent to Govt.
In the said village there is a tank called Chuie Bandha which belong to the State of Orissa. According to the complainant this is an irrigation tank and sluice gate has been infested over the ridge of said tank for smooth management of irrigation. The complainant and other villagers of this village used to take water from this tank during the time of drought. According to the complainant he has 25 acres of landed properties under the tank and during the kharif season he has cultivated different varieties of paddy in these lands.
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That during October 2011 in order to save the paddy plant from draught the complainant and other farmers tried to take water from the said tank through the sluice gate. But at the instigation of some anti-social persons particular group of female did not allow the complainant and others to take water from the said tank. This matter was reported to the Collector on 13.10.2011 and the Dy. Collector, Subarnapur on dt.14.10.2011 issued letter to Tahasildar vide letter No.2930 dt.17.10.2011 directed the R.I. Kamsara for taking prompt action for irrigation from the said tank.
On dt.21.10.2011 the R.I., Kamsara went to the village, measured the water which was about 8 feet. The R.I. told the villagers that there is sufficient water in the tank and water can be used for irrigation. But as some women protested he left the place saying that he has performed his duty.
The complainant and other farmers of the village reported the matter before the District Collector. But no steps has been taken by the District Administration to irrigate the lands or to give compensation.
The complainant has suffered huge financial loss, mental agony, harassment due to the negligence of the O.Ps. Hence he has claimed Rs.5,00,000/- as compensation and Rs.5,000/- for cost of litigation.
The O.Ps. have filed version. The gist of their version is that holding No.97 of village Naktikana has been recorded in the name of the complainant. No water tax has been assessed in the lands of this holding. They have admitted that there is a tank called “ Chuie Bandh ”. But according to them this is not an irrigation tank, sluice gate has been constructed in the above tank to release surplus water and not for irrigation.
According to them the complainant has no right of irrigation facilities to be availed from the said tank. According to them to save the damage of crops if any, the administration had taken all possible steps to release the surplus water if any. Measurement of depth of water was taken and it was found to be less than the necessity of daily use of the villagers including their domestic animal. So in the interest of general public water was not released due to strong resentment of villagers. According to them all efforts were taken to release the water of the tank to save the crop loss though the complainant has no right of irrigation as per the R.O.R. of the current settlement.
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So the O.Ps. claim that they have not committed any deficiency of service and prayed for dismissal of the complaint case.
We have heard the learned counsels for the parties and perused the materials on record. From the pleading of the parties and submissions of the learned counsels during hearing the following points fall for determination by the Forum :
i. Is the complainant a Consumer ?
ii. Have the O.Ps. committed deficiency of service ?
iii. To what relief the complainant is entitled ?
At the outset, learned G.P. for the O.Ps. vehemently argued before us that the complainant is not a consumer as his lands are not assessed for water tax. This submission is noted only to be rejected because water tax has been realized from the complainant. So we are of the considered opinion that the complainant is a consumer within the meaning of Section 2(i)(d) of the Consumer Protection Act, 1986.
Now it is to be seen whether the O.Ps. have committed deficiency of service or not.
We have perused the R.O.R. holding No.97 of village Naktikana of 5th settlement stands recorded in the name of the complainant. Water tax has not been assessed on the lands of this holding. There is nothing on record to come to a conclusion that “Chuie Bandha ” is an irrigation tank and the complainant has right to irrigate his lands from the said tank. Inspite of that the O.Ps. have taken all possible steps to release water from the said tank. They failed in their attempt due to strong resentment of villagers. So the action of the O.Ps. in this regard cannot be faulted.
But a peculiar and strange thing has come to our notice. We have perused the Rent Receipts (Serial No.8 of the list of documents) filed by the complainant in this case. Upon perusal of the same we found that a sum of Rs.79.60 Paise has been realized as water tax from the complainant by the O.P.No.1 for the year 2008-09, 2009-10, 2011-12. we failed to understand when the lands of the complainant was not getting irrigation facility, how the O.P.No.1 collected water tax from the complainant. This is deficiency of service on the part of the O.P.No.1.
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Now it is to be seen to what relief the complainant is entitled. The complainant is entitled for the refund of the said amount which comes to Rs.238.80 Paise, which is rounded up to Rs.239/- by us. The complainant is also entitled to Rs.2000/- as compensation and Rs.2000/- towards cost of litigation from the O.P.No.1. we order accordingly.
O R D E R
The O.P.No.1 shall give to the complainant Rs.4239/- within one month from the date of receipt/production of this order. Complaint is partly allowed.
Dated the 24th day of April 2014
Typed to my dictation
I agree. and corrected by me.
Sri R.K.Sahu Sri S.C. Nayak
Male Member President
Dt.24.04.2014 Dt.24.04.2014
