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R. K. AGRAWAL, S. M. KANTIKAR
Branch Manager, Oriental Insurance Co. Ltd. – Appellant
Versus
Nagarjuna Constructions Company Limited – Respondent
ORDER
The present Revision Petitions have been filed by The Oriental Insurance Company (hereinafter referred to as the Petitioner Insurance Company) under Section 21(b) of the Consumer Protection Act, 1986 (in short ‘the Act’) against the Orders dated 11.01.2016 in Appeal Nos. 319 and 347 to 350 of 2014 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) whereby the State Commission has dismissed the Appeals by affirming the findings recorded by the District Consumer Disputes Redressal Forum, East Godavari District at Rajahmundry (hereinafter referred to as ‘District Forum’).
2. It is relevant to mention here that five separate Consumer Complaints involving similar facts and question of law were filed against which similar defence was taken by the Insurance Company in all the cases. Since the facts and questions of law involved in all these Revision Petition are similar except change in Policy numbers, these Revision Petitions are being disposed off through this Common Order. However, for the sake of convenience, RP No. 2307 of 2016 is treated as the lead case and the facts enumerated hereinafter are taken from
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
(1) Jurisdiction – Under Section 21(b) of the Consumer Protection Act, 1986, it cannot interfere with concurrent findings of fact recorded by the District Forum and State Commission unless there is a....
(1) Revision – It is a well settled position in law that the scope for Revision under Section 21(b) of the Consumer Protection Act, 1986 and now under Section 58(1)(b) of the Consumer Protection Act,....
(1) Review – The power of National Commission to review under Section 21 of the Act is therefore, limited to cases where some prima facie error appears in the impugned order.(2) Error – It is evident....
(1) Revisional Jurisdiction - The present revision petition is therefore an attempt by the petitioner to urge this Commission to re-assess, re-appreciate the evidence which cannot be done in revision....
The Consumer Protection Act applies to insurance claims for employee medical reimbursements under comprehensive policies, viewing the employer as a consumer.
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
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