Kerala

StateCommission

A/179/2019

S SHARAFUDEEN - Complainant(s)

Versus

OXFORD INDIAN SCHOOL - Opp.Party(s)

S BALACHANDRAN KULASEKHARAM

29 May 2019

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

 

APPEAL NUMBER 179/2019

JUDGMENT DATED : 29.05.2019

 

(Appeal filed against the order in CC.No.78/2019

on the file of CDRF, Thiruvananthapuram

order dated 25.04.2019)

PRESENT

HON’BLE JUSTICE SRI.K.SURENDRA MOHAN               : PRESIDENT

SRI.T.S.P.MOOSATH                        : JUDICIAL MEMBER

SRI.RANJIT.R                           : MEMBER

 

APPELLANT

        S.Sharafudeen, S/o.Subair Kunju, Garden House, Pallimukku,

        Kadakkal.P.O, Kollam District

        Now residing at Haritham, House No.380/11,

        Murukkumpuzha.P.O

 

                (BY Adv.Sri.S.Balachandran Kulasekharam)          

       

                                       

VS

RESPONDENTS

 

1.Oxford Indian School, Karettem Vamanapuram.P.O, Pulimath Panchayat, Pulimath village, Rep.by its Chairman

2.Haji.M, Sainulabdeen, S/o.Mohammed Ismail, Jasmi.P.O, Kallampalam, Karavaram Panchayath, Thiruvananthapuram       

                                                 

                                                  JUDGMENT

HON’BLE JUSTICE SRI.K.SURENDRA MOHAN               : PRESIDENT

              This appeal is directed against the order dated 25.04.2019 of the Consumer Disputes Redressal Forum, Thiruvananthapuram, herein after referred to as the District forum. As per order, the complaint filed by the complainant has been dismissed, finding that the same was not be maintainable under the Consumer Protection act.

                            2.  According to the counsel for the appellant the order has been passed by the District forum which at that time had no quorum. We notice from the order of the appellant that the District forum had only the President at that time. Therefore the counsel for the appellant is justified in contending that the order is infirm.

                        3.      Since the complaint has been dismissed on the sole ground that the District forum lacked jurisdiction to entertain the same, we asked the counsel for the appellant as to how the complaint was maintainable before the District forum. If it is not maintainable, there is no necessity to remand the matter. The counsel accordingly handed over the copy of the complaint which we have perused.

              4.        The appellant’s case is that, he had been appointed as the Principal of Oxford Indian School, Karette. Though he had worked from September 2014 to 29.03.2017, he had been terminated without notice on 30.03.2017. According to the complainant he was also not paid the salary due to him for the period worked. The complaint therefore, is in essence that he was not paid the salary due to him for the period that he had worked. There is no element of deficiency in service here. In the complaint there is not even an averment to the effect that there has been any deficiency in service on the part of the respondent, in any manner. Therefore, we find that the District forum has rightly dismissed the complaint finding that it had no jurisdiction to entertain the same. In the above circumstances, there is no purpose in setting the order and remanding the matter. Therefore, we do not find any grounds to admit this appeal.

                         In the result, the appeal is dismissed.  

 

JUSTICE K.SURENDRA MOHAN     : PRESIDENT

 

T.S.P.MOOSATH      : JUDICIAL MEMBER

 

RANJIT.R                 : MEMBER

Be/

 

 

 

 

 

KERALA STATE

CONSUMER DISPUTES

REDRESSAL COMMISSION

 SISUVIHARLANE

VAZHUTHACADU

 THIRUVANANTHAPURAM

 

APPEAL NUMBER 179/2019

JUDGMENT DATED : 29.05.2019