ABDUL MAJID Vs. RAJENDRA SINGH CHAUHAN

JUDGEMENT

(1.) These appeals are preferred separately by both the opposite parties against the same order dated 5.11.2001 in complaint No.108/2000 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) directing each of the opposite parties, appellants of these appeals to pay a sum of Rs.10,000/- and cost of Rs.500/- to the complainant/respondent. The appellants have been jointly and severally held liable for payment as above. Since both the appeals are against the same order and involve common questions, they are being disposed of by this common order.

(2.) According to the averments in the complaint, opposite party appellants herein agreed to dig a bore well in the complainant's/respondent's field. The complainant/respondent gave them advance of Rs.10,000/- towards the said work. It was further averred that opposite parties undertook the work of boring on 15.1.1999 and dug the bore well upto the depth of about 50 feet. However, thereafter, they abandoned the boring work and did not complete it. Though the complainant requested them several times to complete the work as above, but they did not do so. The complainant, therefore, raised a claim for Rs.2.00 lakhs for loss of crop due to non-availability of water for irrigation from boring.

(3.) The complaint was resisted by both the appellants. The opposite party appellant No.1 Hira Dubey (of appeal No.442/2003) did not file his written version. As per written version of opposite party appellant Abdul Majid (of Appeal No.444/2003) he carries on his shop for auto repairs and has knowledge of diesel mechanism. From time-to-time, he also undertakes repair work of boring machine of opposite party No.1 Hira Dubey. According to him on 15.1.1999 the opposite party No.1 Hira Dubey along with the complainant came to his shop and directed him to check the compressor of the boring machine and to load the casings and fill in the diesel therein. According to the averment of appellant Abdul Majid he was paid Rs.1,500/- for the said purpose by Hira Dubey. He has denied that he undertook any boring work in the field of the complainant.