1. Brief fact of the case of complainant is that being a marginal farmer and member of pani panchayat, having non irrigated land to an extent of Hc. 2.1060r vide Khata No. 30, Plot No. 217, 424, 580, 581, 582 & 633, in order to avail the benefit of scheme namely “ Biju Krushak Vikash Yogana” , he applied to the O.P. No.3 through O.P. No. 1 with all relevant documents, which was acknowledged by the O.P. No. 1 & 2 vide their money receipt book no. 06365, Sl. No. 28 for Rs. 1,000/- dated 18.09.2012. The allegations ofcomplainant is that as per advise of O.P. No.1 & 2 further he deposited an amount of Rs. 22,708/- for availing the water facility, but the O.Ps neither initiated any step for installment of deep bore well nor refunded the deposited amount, and his several approaches got in vein. Further allegations is that as per Govt. norms, he was required to deposit Rs. 20,000/-, but the O.Ps have taken excess amount of Rs. 3,708/- by taking Rs. 23,708/- in total and repeated approaches in this regard made to the O.Ps, got in vein, thus he filed this case with a prayer to install the deep bore well, to refund of Rs. 3,708/- and Rs. 50,000/- and Rs. 20,000/- towards compensation and costs of litigation from the O.Ps.

2. O.P. No.1 & 2 being the same department, have filed their joint counter admitting the deposit of Govt. fees of Rs. 23,708/-  i.e. Rs. 1,000/- on 18.09.2012 and Rs. 22,708/- on 12.09.2014 by the complainant, have contended that the work of bore well was taken up, but due to idle of bore well for one and half years, the said bore well got chocked and subsequently was washed and motor, starter installed and water trial was made in the presence of the beneficiary and running well, thus showing their non deficiency in service, they prayed to dismiss the case.

3. O.P. No.3 appeared in the case and adopted the counter filed by the O.P. No. 1 & 2.

4. Parties have filed their respective documents.  Heard from the parties present.  Perused the case records and material documents available therein.
    
5. During hearing, complainant submitted that the O.P. No.1 & 2 have settled the disputes and he is availing the benefits out the aforesaid scheme launched by the Govt. and prayed only the costs of the litigation.  Whereas, the O.Ps have submitted that the facts and circumstances, which led to the present dispute, were out of their control and now the complainant is enjoying the benefits of scheme. 

6. It is ascertained from the documents and submissions of the parties that the dispute was settled after filing of the present case on dated 20.03.2018.  We feel, had the O.Ps taken the proper steps earlier, than the complainant could have easily get the benefits and could have utilize the same for his livelihood which is only meant for the same and could have benefited for the purpose he applied for.  Since no proper action taken by the O.P. No. 1 & 2, complainant was compelled to file the case to seek redress.   Though the complainant suffers from all round due to improper service rendered by the O.Ps, but considering the submissions of the parties, we are inclined to grant only the costs of the litigation to the complainant and in our view, a sum of Rs. 3,000/- towards costs of litigation will meet the end of justice.  Hence this order.

ORDER

        Complaint petition is allowed in part.  O.P. No. 1 & 2 being the same department, are herewith directed to pay a sum of Rs. 3,000/- to the complainant towards costs of litigation within one month from the date of receipt of this order, failing which, the said costs shall carry interest @ 12% p.a. from the date of filing of the case till payment. 

        Since no specific allegation made out against the O.P. No. 3, no order against them.  

        Pronounced the order in the open Court on this the 2^nd day of September, 2021.  Issue free copy to the parties concerned.