Kerala

Kollam

CC/09/148

N.Chellappan Nair,Santhosh Bhavan,Komalamkunnu,Punalur.PO - Complainant(s)

Versus

G.Janardhanan Pillai,School Manager,Girls High School,Punalur - Opp.Party(s)

28 Jan 2010

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/09/148

N.Chellappan Nair,Santhosh Bhavan,Komalamkunnu,Punalur.PO
...........Appellant(s)

Vs.

G.Janardhanan Pillai,School Manager,Girls High School,Punalur
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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SRI.K. VIJAYAKUMARAN, PRESIDENT.

 

          This is a complaint seeking realization of money, compensation, costs etc from the opp.party

 

          The averments in the complaint in brief is as follows:   The complainant’s daughter was engaged as a teacher on daily wages in the school managed by the opp.party, that she was not given wages during the period she worked in that school,  that she worked as per the order issued by the opp.party and that the opp.party may be directed to pay her wages.

 

          The opp.party filed version contending, interalis, that the complaint is not maintainable as the complainant is not a consumer within the meaning of Sec. 2[1] [d] of the Consumer Protection Act.  It is true that the complainant’s daughter was appointed as teacher on daily wages in the

school but the same was subject to approval by Government as it is an Aided school.   The wages of the complainant’s daughter was to be given by the Government.   The complaint is filed without any bonafides.  Hence the opp.party prays to dismiss the complaint.

Points that would arise  for consideration are:

1.     Whether the complainant is a consumer or not?

2.     Whether there is any deficiency in service?

3.     Reliefs and costs.

For the complainant PW.1 is examined.   Exts. P1 to P8 are marked.

For the opp.party D1  to D3 are  marked.

Points:  At the very out set it is to be stated that there is no allegation of deficiency in service in this complaint against the opp.party, but the only prayer is for granting the wages to the complainant’s daughter during the period, she worked as a daily wages teacher.  It is not disputed that the school is an Aided school.   The wages and salaries of the employers in aided schools are given by the Government and it is well settled that the dispute regarding payment of salary and allowances is not a consumer dispute.

 

          The complainant herein will not come within the purview of Sec. 2 [1] [d] I or II of Consumer Protection Act.   Complainant has no case that his daughter availed any service within the meaning of Sec. 2 [1] [o] of the Consumer Protection Act for consideration.   So there arise no question of any deficiency in service

 

          As pointed out earlier the complaint is for realization of money and such a complaint in the absence of deficiency in service is not maintainable under t2he Consumer For a.   The complainant may approach other appropriate authority for redressing his grievance.  Points found accordingly.

 

          In the result the complaint fails and the same is hereby dismissed.   The complainant is free to approach  civil court or other appropriate Forum to redress his grievance.  No costs.

 

            Dated this the 29th day of January, 2010

 

                                                                                    .

I N D E X

List of witnesses for the complainant

PW.1. -  N. Chellappan Nair

List of documents for the complainant

P1. – Letter from DEO dt. 30.8.08

P2. – Certificate

P3. – Letter dated 27.2.2007

P4. – Letter dated 28.6.06

P5. – Declaration dated 28.6.06

P6. – List of Rule 51

P7. – List of pending appointments

P8. – Power of attorney

List of witnesses for the opp.party :NIL

List of documents for the opp.party

D1. – Declaration

D2. – True copy of Govt.  Order No.149/04

D3. – True copy of Govt. Order No.169/04