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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Rutu Mihir Panchal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
| Table of Contents | |
| 1. | Facts in the Writ Petition: |
| 2. | Facts in the Civil Appeal |
| 3. | Statutory Provisions: |
| 4. | Submissions |
| 5. | Analysis |
| 6. | Re: Power to determine pecuniary jurisdiction |
| 7. | Re: Submissions that the provisions are discriminatory and violative of Article 14 |
| 8. | Re: Performance Audit of the Statute |
| 9. | Conclusions |
1. Constitutionality of Sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019,1[Hereinafter referred to as the 2019 Act.] prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and services paid as consideration, instead of compensation claimed are challenged in the writ petition,2[W.P. (C) No. 282 of 2021.] under Article 32 of the Constitution and the civil appeal,3[Leave Granted and arising out of SLP (C) No. 1738 of 2022 against the order of the National Consumer Disputes Redressal Commission in Diary No. 19172/NCDRC/2021-CC dated 08.10.2021.] against the order of the National Consumer Disputes Redressal Commission,4[Hereinafter, “National Commission”.].
2. Facts in the Writ P
The classification of pecuniary jurisdiction based on consideration paid under the Consumer Protection Act, 2019 is constitutional and does not violate Article 14, ensuring effective consumer dispute....
The jurisdiction of the District Consumer Redressal Commission is determined by the value of goods or services with respect to specific deficiencies claimed, not by the total transaction value.
The right to appeal is a vested right which cannot be taken away, absent a statutory enactment to the effect.
Consumer complaints instituted under the repealed Consumer Protection Act, 1986 continue before the corresponding forums and are not affected by the enactment of the Consumer Protection Act, 2019.
The 'value of consideration paid' is the determinant for pecuniary jurisdiction under the Consumer Protection Act, 2019, not the total value of goods or services.
Right to an appellate remedy becomes vested when the lis is initiated. The remedy which was available prior to the amendment would continue to be available despite the amendment. Therefore, it is for....
The Rules of 2020 were arbitrary, unreasonable and violative of Article 14 of the Constitution of India as they did not provide for a uniform pattern and transparency in selection, did not prescribe ....
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