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Supreme Court of India 2021-03-16

Neena Aneja & Anr vs Jai Prakash Associates Ltd

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

The Supreme Court held that consumer complaints filed before the Consumer Protection Act 2019 came into force on 20 July 2020 shall continue to be heard by the corresponding forums under the repealed 1986 Act, and shall not be automatically transferred based on the new Act's enhanced pecuniary jurisdiction limits. Although changes in forum are ordinarily procedural and apply retrospectively, the complete repeal of the 1986 Act coupled with the absence of any express transfer provision, the legislative focus on protecting consumer interests, and the practical hardship of transferring thousands of pending cases collectively indicated a contrary legislative intention. Pending proceedings validly instituted under the 1986 Act to enforce accrued consumer rights are saved under Section 6 of the General Clauses Act 1897 and continue at the original forum.

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Consumer Protection Jurisdictional Law Statutory Interpretation Repeal and Savings Forum Procedural Law

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