D.O.F:09/12/2021
D.O.O:10/08/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.231/2021
Dated this, the 10th day of August 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Kamalakshan.M
C/o Thambai Balakrishnan.P
Ramaram, Thattacheri
Nileshwar(P.O), Kasaragod Dist : Complainant
And
1) The Nodel Officer
Ground Handling Section,
Air India Airport Services Limited,
Karipur (P.O), Malappuram (Dist) Pin – 673647
2) The Manager (HR)
HRD, Air India Airport Services Limited
Air India Unity Complex, Pallavaram Cantonment, : Opposite Parties
Chennai, Pin – 600043
3) The General Manager (HR)
Regd. Office, Air India Airport Services Limited,
2nd Floor, GSD Building, Air India Complex,
Terminal – 2, IGI Airport,
New Delhi, Pin - 110037
ORDER
SRI.KRISHNAN.K :PRESIDENT
The complainant Sri. Kamalakshan.M filed a complaint against Opposite party to get an amount of Rs. 45813/- from Opposite Party as he was working in the post of Utilizing Agent cum Ramb driver in AISL(Air Transport Service Limited). The complainant started his work at Calicut Airport in maintenance section. His first pay slip for the month of March 2020 indicated salary advance recovery amount of Rs. 45213/- is deducted illegally. After filing complaint before this Honourable Commission Opposite Party credited the aforesaid amount to the complainants account on 05/01/2022. But it is credited only after one year and ten months of waiting the complainant undergone severe mental agony and loss due to the illegal act of Opposite Party. Hence the complainant is seeking compensation for mental agony and loss from Opposite Party.
Notice of Opposite Party served name of Opposite Party No: 1 and 2 called absent set exparte. Thereafter Opposite Party filed memo stating that the aforesaid amount is credited to his account by Opposite Party. The Complainant filed proof affidavit in lieu of chief examination documents produced marked as Ext A1 to A5. As the disputed amount is paid by Opposite Parties on 05/01/2022 the only preliminary issue raised for consideration is :-
Whether the complainant is a consumer.
According to see 2(1) (d) of Consumer Protection Act consumer is a person who
- buys any goods for a consideration which has been paid or promised or partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
- hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
As the disputed amount is already credited to the complainants account by Opposite parties the claim of the complainant is that he is entitled for the compensation. This commission is not in a position to allow compensation to the complainant as the complainant does not come within the purview of the “consumer”.
As per the above definition this complainant is not a consumer.
Therefore the complaint is dismissed with no order as to cost
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Appointment order
A2- Copy of Airport entry pass and Airport driving permit
A3 (1)- The copy of resignation letter
A3 (2) – Demand Draft
A4 Series – Pay Slips
A5- Statement copy
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
