VidhiSangh

Supreme Court of India · 16/03/2021

NEENA ANEJA & ANR. versus JAI PRAKASH ASSOCIATES LTD.

[2021] 15 S.C.R. 96 · 2021 INSC 189

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Summary

The Supreme Court held that consumer complaints instituted before the Consumer Protection Act, 2019 commenced on 20 July 2020 must continue before the corresponding forums where they were filed, despite the new pecuniary limits. Although forum ordinarily concerns procedure and is not a vested right, the new Act’s scheme, legislative history and consumer protection purpose disclosed an intention against transferring existing cases. The Court restored the appellants’ complaint to the NCDRC and awarded costs of Rs 2 lakh against the developer.

Issues

  1. Whether the 2019 Act’s enhanced pecuniary limits required transfer or dismissal of consumer complaints instituted under the 1986 Act.
  2. Whether statutory savings preserved a particular forum, and whether the new legislation disclosed a contrary intention to the ordinary rule governing procedural changes.

Provisions considered

Held

Result

Appeal allowed; NCDRC orders set aside and complaint restored, with Rs 2 lakh costs payable by the respondent within four weeks.

Judgment PDF: Supreme Court of India, [2021] 15 S.C.R. 96.