DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 20th day of February, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 06/02/2023
CC/35/2023
Sandra
D/o Chandran
Thottakara, Chandralayam
Muttikulangara – 678 594 - Complainant
(Party in person)
Vs
1. Manager
Mujeeb Rahman Vellur
S/o Avarankutty,
Thezhuvannoor Post,
Akathadam, Kattipparuthy,
Malappuram – 676 552
2. Principal
Arifa Iqbal, Sunford English Medium School
Kollukkad,
Nochippulli, Mundur - Opposite parties
Palakkad – 678 592
O R D E R on the issue of maintainability
By Sri.Krishnankutty.N.K., Member
1. Pleadings of the Complainant in brief.
The second opposite party, the principal of Sunford English Medium School offered job for the complainant and her mother and collected Rs. 3,00,000/- as advance deposit from them. Salary offered was Rs. 11,500/- along with dividend of Rs. 3,500/- But the opposite parties failed to pay the salary as promised and they left the job on 19/08/2022. The opposite parties issued a cheque towards the refund of the deposit amount, but it got returned for want of funds. Then the complainant tried to file a case against the opposite parties for reliefs, officials of Kongad police station refused to entertain the complaint. Aggrieved by this, the complainant has approached this Commission seeking relief under Consumer Protection Act, 2019.
2. Since a reading of the pleadings did not disclose a course of action upon which this Commission can take cognizance of the dispute, complainant was informed, on the issue of maintainability in the light of the definition given for "Consumer" in the Consumer Protection Act. In this case, the relationship between the complainant and opposite parties is that of Employer and Employee and the status of the complainant never fits into the shoes of Consumer as there is no transaction between them in relation to any goods or services as envisaged in the said Act.
3. In view of the commission’s limitations vis-à-vis the facts and circumstances of the case, the complaint is disposed off as "Not maintainable".
Pronounced in open court on this the 20th day of February 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
