Orissa

Debagarh

CC/10/2017

Sri Debadhi Charan Sahu - Complainant(s)

Versus

Junior Engineer, Lift Irrigation Corporation Ltd. - Opp.Party(s)

27 Jun 2017

ORDER

                IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH.

                                                               Complaint Case No.10/2017.

Present:-Sri Dipak Kumar Mahapatra, President, Sri Pratap Ch. Mahapatra, Member, and Smt. Jayanti Pradhan, Member(W).

Sri Debadhi Charan Sahu,

At-Tikilijharan, PO-Tentelabahal,

Dist-Deogarh.                                                                        ….         Complainant.

            -Versus-

1. The Junior Engineer,

Lift Irrigation Corporation Ltd.,

At/PO/Ps-Deogarh,

Dist-Deogarh.

2. Odisha Lift Irrigation Corporation Ltd.,

At/PO-Bhubaneswar,

Dist-Khordha.                                                      ….         Opp.Parties.

For the complainant: - Nemo.

For the O.P.No.1       :- Sri Pravash Ch. Mishra, Advocate.

For the O.P.No.2       :- None.

DATE OF HEARING:23.06.2017,DATE OF  ORDER; 27 .06.2017.

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- That the complainant stated in his hearing that he has applied for digging a Borewell to O.L.I.C., Deogarh. Thereafter by the instruction of J.E. O.L.I.C, Deogarh, he has paid Rs. 19,000/- on dtd.03.03.2015 vide receipt No.25 towards digging borewell and Rs.2000/- paid towards testing charges. It was agreed to dig 300 fts deep for the borewell and it was done the same day. Then an old submersible water pump has been fitted in that deep borewell in a depth of 48 meters from the surface. Then electric connection has been given to the borewell and it was tested successfully. Again the in charge of OLIC has intimated that the submersible pump should be fitted at a depth of 70 meters from the ground but due to shortage of pipe they have fitted if depth of 48 meters to test the performance of the motors only. Later on a new submersible water pump will be fitted at a depth of 70 meters then if will work properly. Then the J.E OLIC has assured that they will fit all the attachment to the borewell and they will hand over the electrical connection to the WESCO Deogarh. The complainant time to time approached the concerned Official of OLIC Deogarh, WESCO, Deogarh but they did not attend him. After finding no way the complainant had decided to bring the matter to the notice of Collector, Deogarh for its solution but till today the problem is remained unsolved. That the official of OLIC Deogarh through its contractor forced the complainant to sign on the final testing report. But the complainant denied signing on the report because practically the borewell was not functioning and no water was coming out and the official left the place. Ultimately the complainant had knocked the door of this forum for Redressal.

            From the above discussion we found that , the complainant is a permanent resident of Tikilijharan, Post-Tentelabahal under the District of Deogarh with the intention to improvise cultivation there by generating no income, opted to install a deep Borewell in his lands and accordingly contracted the O.Ps who are the sanctioning authorities for the purpose (Deptt. of OLIC) Government of Odisha. Since complainant was found satisfying all prescribed criteria of the scheme was selected to be sanctioned with a project and was directed to deposit Rs.21,000/- in the office of the O.P.No.1 but in the meantime the work was not developed and left in half way . The complainant presented this matter to the Collector,Deogarh,but no result was  obtained .The  other instruments were not connected in this deep borewell till now, therefore the success experiment was not found the matter to the J.E., O.L.I.C but he could not found any result. Therefore causing pecuniary loss and mental agony and harassment.

            The O.Ps are declared exparte under Rule-6 Order-9 of C.P.C.

       As the scheme under- Biju Krushak Vikas Yojana- Deep Borewell Secha Karyakarma,                  circulated by Govt.of Odisha, Department of Water Resources in-2010. Here the beneficiary contribution is 10% of the cost of project (Rs. 2.5 lakh) or to a maximum of Rs.20,000/- out of which Rs.1,000/- (Rupees One  thousand) towards  scrutiny  charges and Rs.19.000/- (Rupees ninety thousand) towards successful completion of drilling  and testing of borewell and Govt. will provide with a bore-well alongwith power supply installation up to bore-well point and the pumping unit. The successful bore-well after energization will be handed over to the beneficiary for future operation and maintenance by him.  The beneficiary will have to pay the monthly electric charges to the DIST Co. after taking over the unit.

            Again if the project does not became successful for some  reason or will not be successful in future, then the Bank after deducting the processing fees of Rs.1000/- from the deposit of beneficiary,  return the rest amount to the beneficiary with interest.

            As in the instant case an amount of Rs.19,000/- is received in cash though  Money Receipt No.25. Hence, the complainant is not a consumer but a beneficiary according to the Act. But the petitioner is a consumer of O.L.I.C and he is availing service by paying some amount of rupees in reverse.

            The complainant has  deposited the money on dtd.3.3.2015 vide Money Receipt No.25 and accordingly the project  should be  completed  in 270 days commencing from the date of receipt .But 15 months has been elapsed since  the farmer’s  share has  been received by the Opp.Party.

            Hence, we have to believe submission by the complainant that the project is a feasible one and the service of O.P.No.1 is deficient. That, the deficiency in service in part of the Opp.Parties caused the complainant face  financial  loss during the harvesting seasons as  he could not utilized  the benefit of Govt. declared scheme for the year 2015-16 and 2016-17. So the order is as under:-

                                                                        ORDER.

            The complaint petition is allowed. The Opp.Parties are directed to complete the remaining work and handed over the Bore-well to the complainant in a complete condition within a month ( 30 days) from the date of pronouncing this order, failing which the O.P. shall be penalized accordingly to the court of law.

            Office is directed to supply the free copies of the order to the parties free of costs receiving acknowledgement of the delivery thereof.

Order is pronounced in the open court today i.e. on 27^th Day of June,2016  under my hand and seal of this forum.

        

I agree,                                  I   agree,

 

MEMBER.(W).                                    MEMBER.                                            PRESIDENT.

 

                        Dictated & Corrected

                                    by me.

 

 

                              PRESIDENT.