SNDP YOGAM SCHOOLS Vs. S N VIJAYAN

JUDGEMENT

(1.) THE above appeal is preferred from the order dated 8. 1. 2004 passed by the CDRF, Pathanamthitta in O. P. 33/00. The complaint in O. P. No. 33/00 was referred by the 1st respondent herein as complainant against the respondents 2 to 4 and the appellant as opposite parties. The appellant herein was the 3rd opposite party in the aforesaid O. P. 33/2000. The aforesaid complaint was filed to get the benefits under the Government order issued by the Secretary to Government, General Education (aided schools) vide order GD (At) No. 4878/92/g/den. dated 8. 12. 1992 regarding regularization of the appointment of the complainant as HSA (Malayalam) in the appellant's 3rd opposite party school and also for getting salary for the period from 15. 7. 1979 to 14. 7. 1983. The lower Forum allowed the aforesaid complaint and thereby directed the opposite party Nos. 2 and 3 are directed to pay Rs. 5,000 each as compensation to the complainant and also to pay Rs. 1,500 each as cost. It has also given a direction for approval of the appointment of the complainant as HAS, Malayalam. Aggrieved by the aforesaid order the present appeal is filed by the 3rd opposite party in O. P. 33/00.

(2.) WHEN this appeal was taken up for hearing there was no representation for the respondent Nos. 1 to 4. We heard the Counsel for the appellant. Learned Counsel for the appellant argued the case on the basis of the grounds urged in the appeal memorandum. It is submitted that the complainant/1st respondent is not a consumer coming under the purview of the Consumer Protection Act. It is further submitted that the complainant has not sought for any relief against the appellant/3rd opposite party, but the lower Forum directed the appellant/3rd opposite party to pay a sum of Rs. 5,000 as compensation with cost of Rs. 1,500. Hence the appellant requested for dismissal of the order passed by the lower Forum. The points that arise for consideration are:

(3.) WE refer the parties to this appeal according to their status before the lower Forum in O. P. 33/00.