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R. K. AGRAWAL, S. M. KANTIKAR
Asst. Provident Fund Commissioner – Appellant
Versus
Droupadi Amma – Respondent
ORDER
The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), has been filed by the Assistant Provident Fund Commissioner (hereinafter referred to as “the Provident Fund Organisation”), Opposite Party challenging the Order dated 29.08.2014 passed by the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (for short “the State Commission”) in Appeal No. 322 of 2013. By the Impugned Order, the State Commission dismissed the Appeal filed by the Provident Fund Organisation by affirming the Order dated 31.10.2012 passed by the District Consumer Disputes Redressal Forum, Kollam (for short “the District Forum”) in Complaint Case No. 69/2005 whereby the District Forum had partly allowed the Complaint and directed the Provident Fund Organisation to return Rs.28,100/- to the Complainant alongwith interest at the rate of 12% per annum from 01.04.99 till realization; pay Rs.604/- on production of pass book of pension drawn from Canara Bank alongwith compensation of Rs.5,000/- and cost of Rs.1500/-.
2. The brief facts of the case are that the Complainant had joined as a cashew worker at KSCDC Factory Kollam in the year
Jurisdictional error - Commission cannot set aside the Order passed by the State Commission in Revisional Jurisdiction until and unless there is any illegality, material irregularity or jurisdictiona....
Jurisdictional error - Revisional Jurisdiction of National Commission under section 21(b) of the Consumer Protection Act, 1986 is extremely limited and this Commission cannot set aside the Order pass....
Jurisdictional error - Revisional Jurisdiction of National Commission under section 21(b) of the Consumer Protection Act, 1986 is extremely limited and this Commission cannot set aside the Order pass....
(1) Revisional jurisdiction - where two interpretation of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisd....
Consumer forums cannot retroactively apply amendments to pension schemes unless explicitly allowed, upholding the jurisdictional limits in interpreting legislative intent.
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