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R. K. AGRAWAL, S. M. KANTIKAR
Regional Provident Fund – Appellant
Versus
Sathya Devan – 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 Regional Provident Fund Commissioner (hereinafter referred to as “the Provident Fund Organisation”), Opposite Party challenging the Order dated 14.01.2015 passed by the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (for short “the State Commission”) in Appeal No.565 of 2013. By the Impugned Order, the State Commission dismissed the Appeal filed by the Provident Fund Organisation by affirming the Order dated 11.07.2013 passed by the District Consumer Disputes Redressal Forum, Kollam (for short “the District Forum”) in Complaint Case No. 178/2010 whereby, the District Forum had partly allowed the Complaint and directed the Provident Fund Organisation to pay Rs.905/- as monthly pension to the Complainants with arrears alongwith interest @6% p.a. from the date of filing of the Complaint till the date of payment together with cost of Rs.1500/-.
2. The wife of the Respondent No.1 has moved an Application bearing IA No.9024 / 2022, seeking permission to implead legal heirs of Sathyadevan, Respondent No.1, i.e., Nalini (wife)
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....
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....
(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....
Claim to be a ‘consumer’ – Once an employee withdraws the full Provident Fund and Pension amount as a final settlement (availing benefits under Para 14 of EPS 1995), their membership in the fund ceas....
Consumer forums cannot retroactively apply amendments to pension schemes unless explicitly allowed, upholding the jurisdictional limits in interpreting legislative intent.
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