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NEENA ANEJA & ANR. vs. JAI PRAKASH ASSOCIATES LTD.

SCR Citation: [2021] 15 S.C.R. 96
Year/Volume: 2021/ Volume 15
Date of Judgment: 16 March 2021
Petitioner: NEENA ANEJA & ANR.
Disposal Nature: Appeals Allowed
Neutral Citation: 2021 INSC 189
Judgment Delivered by: Honble Dr. Justice D.Y. Chandrachud
Respondent: JAI PRAKASH ASSOCIATES LTD.
Case Type: CIVIL APPEAL /3766/2020
Order/Judgment: Judgment
1. Headnote

Consumer Protection Act, 2019 – s.107 –Consumer Protection Act, 1986 – Repeal of 1986 Act –Proceedings instituted thereunder, if can be continued under the same forum– Enhancement of pecuniary jurisdiction – Pending proceedings, if to be transferred –Consumer case was instituted by appellants before the NCDRC on 18.06.20 under the provisions of the 1986 Act–2019 Act came into force 20.07.20 – Case dismissed by NCDRC on the ground that after the enforcement of the 2019 Act, its pecuniary jurisdiction has been enhanced from rupees one crore to rupees ten crores and the claim of appellants, of Rs. 2.19 crores is below its enhanced pecuniary jurisdiction–Held: Proceedings instituted before the commencement of the 2019 Act would continue before the fora corresponding to those under the 1986 Act and not be transferred in terms of the pecuniary jurisdiction set for the fora established under the 2019 Act– Something specific in terms of statutory language either express words or words indicative of a necessary intendment would have been required for mandating the transfer of pending cases – Impugned order and the review order set aside – National Commission to continue hearing the case instituted by the appellants – General Clauses Act, 1897 – s.6 – Interpretation of Statutes – Harmonious construction. Consumer Protection Act, 2019 – s.107 –Object and purpose of the 2019 Act – Repeal of the Consumer Protection Act, 1986 – Proceedings pending thereunder, if to be transferred – Intention of legislature – Held: The legislature cannot be attributed to be remiss in not explicitly providing for transfer of pending cases according to the new pecuniary limits set up for the fora established by the new law, were that to be its intention–It would be difficult to attribute to Parliament, whose purpose in enacting the Act of 2019 was to protect and support consumers with an intent that would lead to financial hardship, uncertainty and expense in the conduct of consumer litigation – General Clauses Act, 1897 – s.6. Interpretation of Statutes – Procedural Law – Change of forum – Operation of, if retrospective – Held: A change in forum lies in the realm of procedure – Amendments on matters of procedure are retrospective, unless a contrary intention emerges from the statute – Repeals or amendments that effect changes in forum would ordinarily affect pending proceedings, unless a contrary intention appears from the repealing or amending statute – Position of law on change of forum, precedents analysed – Position of law clarified. General Clauses Act – s.6 (c), (e) – Consumer Protection Act, 1986 – Held: Plain consequence of clause (c) and clause (e), when read together is two-fold: first, the right which has accrued on the date of the institution of the consumer complaint under the Act of 1986 is preserved; and second, the enforcement of the right through the instrument of a legal proceeding or remedy will not be affected by the repeal. Words & Phrases – “entertain” – Consumer Protection Act, 2019 – Consumer Protection Act, 1986 – Held: Mere use of the word “entertain” in defining jurisdiction is not sufficient to counteract the overwhelming legislative intention to ensure consumer welfare and deliberately not provide for a provision for transfer of pending proceedings in the Act of 2019 or u/s.106 of the Act of 2019 which is a power to remove difficulties for a period of two years after the commencement of the Act of 2019.

2. Case referred
3. Act
  • Consumer Protection Act, 2019 (35 of 2019)
  • General Clauses Act, 1897 (10 of 1897)
4. Keyword
  • Consumer Protection Act
  • 2019
5. Equivalent citation
    Citation(s) 2021 AIR 1441 = 2022 (2) SCC 161 = 2022 (2) Suppl. SCC 161 = 2021 (4) SCALE 268