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AVM J. RAJENDRA
Shashikala Baranwal – Appellant
Versus
Union of India – Respondent
ORDER
This common Order resolves eight Revision Petitions, No. RP No. 783-786 of 2023 and RP No. 2497-2500 of 2023, filed under Section 58(1)(b) of the Consumer Protection Act, 2019. These petitions challenge the orders dated 28.12.2022 by the learned State Consumer Disputes Redressal Commission, Uttar Pradesh (‘State Commission’) related to Appeal Nos. 395/2022, 414/2022, 398/ 2022, 415/2022, 396/2022, 412/2022, 397/2022 and 413/2022. The State Commission upheld the orders of the District Consumer Disputes Redressal Commission (‘District Commission’) concerning four Consumer Complaints filed by the Complainant.
2. There was 175 days delay in filing four Revision Petitions No. 2497-2500 of 2023. Considering issues brought out in the Applications seeking condonation of delay, the delay is condoned.
3. Since the facts and questions of law involved in all the 08 Revision Petitions are substantially similar, except for variations in Dates, events, account number and amounts etc., these 08 Revision Petitions are being disposed of by this common Order. To facilitate clarity and convenience, FA No. 395/2022 & 414/2022 shall be considered as the primary / lead case, with the facts outlined
(1) National Commission – The powers of the National Commission are very limited.(2) Evidence on Record – In exercising of revisional jurisdiction the National Commission has no jurisdiction to inter....
Principal can be held liable for wrong committed by its Authorised Agent.
Revisional Jurisdiction – Concurrent decisions of District Forum & State Commission cannot be set aside by this National Commission as it cannot go into re-appreciation of evidence.
The revisional jurisdiction is limited and should only be exercised in cases of evident jurisdictional errors by the lower court.
National Commission – Revisional Jurisdiction of National Commission under Section 21(b) of the Consumer Protection Act, 1986 is extremely limited.
(1) Internal procedure enquiry - the depositors cannot be made to continue to suffer for the sake of an internal procedural enquiry of the petitioner.(2) Non-suited - The respondent cannot be non-sui....
The Court reaffirmed that banks must honor valid Fixed Deposit receipts unless substantial evidence proves otherwise, upholding consumer protection principles.
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