Mr. R.S. Awasthi, Member—This is an appeal under Section 15 of the Consumer Protection Act, 1986 (‘the Act’) directed against the order passed by the District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter referred to as the ‘District Forum’) in Complaint Case No. 113/2003 on 27.12.2003 dismissing the complaint.

2. It is averred by the complainant that he wanted to sink a bore well in his agricultural lands for agricultural irrigation. Therefore, he hired the services of the O.Ps. for indicating suitable site so that the bore well succeeds. Gist of grievance of the complainants is against respondent/O.Ps. 1 and 2 is that they are public servants and despite payment of Rs. 600 on 29.12.2001 as charges for underground water survey the complainants did not carry out the survey. It is also alleged that false documents were prepared by the respondents/O.Ps. 1 and 2.

3. As against the respondents/O.Ps. 3 and 4 it is alleged that although an amount of Rs. 551 and Rs. 900 was paid to the respondents/O.Ps. 3 and 4 respectively, they did not show the correct site for digging a bore well.

4. It is noted that the grievances of the complainants refers to three separate occasions and three sets of respondents/O.Ps. when he tried to avail of their services for water divining or underground water survey. The incidents are totally unconnected and independent of each other. The only common factor in all the three incidents are the complainant on one hand and attempt to obtain advice for selection of the suitable spot for digging a bore well so that sufficient water could be obtained on the other. Obviously more than one cause of action is sought to be agitated in this complaint. This not being permissible the complainant expressed that he did not press the complaint against respondent Nos. 2 and 3 and desired to pursue the complaint against O.Ps. 1, 2 and 5. Under the peculiar circumstances of the case, the request is allowed and accordingly the matter relating to respondents/O.Ps. 1, 2 and 5 alone is considered.

5. It is not in dispute that the complainants submitted an application and also deposited Rs. 600 by way of charges for ground water survey of his lands in village Bargahi, P.C. 21, Tahsil and District Rajnandgaon. It was assured that the survey and site selection will be made within 2 or 3 days and necessary certificate will be issued. Since the survey was not done complainants contacted the O.Ps. several times and also submitted a written application on 19.2.2002. On contacting again the O.Ps. asked for a gratification of Rs. 5,000, therefore, the complainant made a complaint on 28.2.2002 to higherups endorsing a copy to the O.Ps. A legal notice was also sent on 12.11.2003.

6. A total compensation of Rs. 2,19,000 including damages for loss to crop and mental harassment has been prayed for. Complainant has filed his own affidavit and that of Rameshar, Deudas, and Rajesh have been filed along with copies of the above mentioned documents.

7. O.Ps. 2 and 5 have in reply stated that only one survey team is available in the department and it can dispose of only 22 to 25 cases every month. In all 132 cases for survey were registered till the end of December, 2001. It is stated that the same survey team is required to dispose of the cases of Rajnandgaon as well as Kawardha Districts. Looking to the number of cases an additional team was procured from Divisional Office, Raipur. Survey cases recommended by the Minister and cases relating to Swarna Jayanti Rojgar Yojana had to be disposed of on priority lest they fail to obtain finance within the same financial year. Similarly the cases relating to District Commandant Home Guards, Assistant Director, Horticulture, and complainant 8th Bn. Were also to be dealt with on priority basis. Hence the delay.

8. It is stated that under the circumstances the survey in complainant’s case was completed on 22.4.2002 and the intimation sent on 29.4.2002 under letter No. 353. Dismissal of the compl