The National Consumer Disputes Redressal Commission, led by AVM J. Rajendra, ruled that the National Commission’s revisional powers are confined to addressing jurisdictional errors or irregularities and do not extend to overturning concurrent factual findings made by the District Forum and State Commission.
Case Summary
The complainant bought a truck financed by Sri Ram Finance and insured with Bajaj Allianz for Rs. 12,00,000. The truck was stolen and promptly reported to the police. Despite notifying both the insurer and the financier, and sending multiple reminders and a legal notice, no action was taken to settle the claim. The complainant then filed a complaint with the District Forum, which was dismissed. The State Commission of Madhya Pradesh also dismissed the appeal, leading the complainant to file a revision petition with the National Commission.
Insurer’s Defense
The insurer argued that although they issued a policy for the truck, the complainant did not report the theft or submit a completed claim form. They contended that the documents provided by the complainant were forged and claimed the complaint was time-barred, requesting dismissal with costs. The financier, while acknowledging the vehicle financing, disputed other allegations, noting that the complainant had defaulted on payments and owed a substantial amount. They also denied any service deficiency and sought dismissal of the case.
National Commission’s Observations
The National Commission noted that under Section 21(b) of the Consumer Protection Act, 1986, its revisional jurisdiction is quite limited. It found that, given the concurrent factual findings, there was no illegality or irregularity in the State Commission’s order that justified intervention. The Supreme Court in Sunil Kumar Maity vs. SBI & Anr. had observed that revisional jurisdiction should only be exercised when the State Commission exceeds its legal authority, fails to exercise it, or acts with material irregularity.
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