VidhiSangh

Supreme Court of India · 29/04/2025

RUTU MIHIR PANCHAL & ORS. versus UNION OF INDIA & ORS.

[2025] 4 S.C.R. 1983 · 2025 INSC 593

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Summary

A writ petition under Article 32 and a civil appeal challenged Sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019, which fix the pecuniary jurisdiction of the district, state and national commissions by the value of goods or services paid as consideration rather than by the compensation claimed. The Court upheld the provisions: Parliament may prescribe pecuniary limits of jurisdiction, consideration is an intelligible basis of classification because it is integral to contract formation and to the definition of 'consumer', and the classification has a rational nexus with creating a hierarchy of remedies and curbing inflated claims. Concerns about the working of the scheme were matters for performance audit, and the Central Consumer Protection Council and Central Consumer Protection Authority were directed to review and advise on the statute's working.

Issues

  1. Whether Parliament has the legislative competence to prescribe the pecuniary jurisdiction of consumer commissions by reference to the value of consideration paid.
  2. Whether Sections 34, 47 and 58 of the Consumer Protection Act, 2019 are discriminatory and violative of Article 14 or manifestly arbitrary for basing pecuniary jurisdiction on consideration paid instead of compensation claimed.
  3. Whether the shift to consideration-based jurisdiction results in a loss of judicial remedy for consumers.
  4. Whether the alleged lopsided operation of the scheme (for example in insurance claims) is a ground of invalidity or a matter for performance audit of the statute, and what role the Central Consumer Protection Council and Central Consumer Protection Authority have in that review.

Provisions considered

Held

Result

Writ Petition and Civil Appeal disposed of: the constitutional challenge to Sections 34, 47 and 58 of the Consumer Protection Act, 2019 dismissed and the provisions declared constitutional, neither violative of Article 14 nor manifestly arbitrary; the Central Consumer Protection Council and Central Consumer Protection Authority directed, under Sections 3, 5, 10 and 18 to 22, to take measures for survey and review and to advise the government on measures necessary for effective and efficient redressal and working of the statute; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1983.