Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I)) 21 May 2022

Case filed under consumer protection act

In the year 2018 I have filed a consumer complaint in district consumer forum asking for monetary compensation of 20 Lakhs under the old act of 1986. In between I filed an amendment application and asked for enhancement of compensation to 41 lakhs and the district commission allowed it. This is because the district commission's pecuniary jurisdiction was enhanced to 1 crore under the new act of 2019. the respondent challenged the order in the state commission as revision petition and state commission allowed their revision petition and reverted the total compensation to 20 Lakhs as the complaint was filed under the 1986 act. Now I challenged the order in NCDRC but was unsuccessful as NCDRC upheld the order of State Commission.

Now this case involves a res integra question of law that if a case is filed under the act of 1986 but later amendment is preyed which increases the compensation beyond 20 Lakhs under the new act of 2019 is there any provision under the new act of 2019 that it can be allowed.

I want to take up the matter in Supreme Court against order of NCDRC. Please note that appeal cannot be preferred as actual case is still pending in district forum, only revision petition can be filed. So with the case still pending in District forum how can I challenge the order of NCDRC in Supreme Court ?

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Dr J C Vashista (Advocate) 22 May 2022

Section 107.of the Consumer Protection Act, 2019 envisages:

107(1) The Consumer Protection Act, 1986 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. Power of Central Authority to make regulations. Rules and regulations to be laid before each House of Parliament. Power to remove difficulties. Repeal and savings. 68 of 1986.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeal.

REVISION CAN LIE BEFORE HIGH COURT BUT NO PROVISION TO MOVE TO SUPREME COURT WHEREIN SPECIAL LEAVE TO APPEAL CAN BE MOVED UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA TO ASSAIL THE ORDER PASSED BY HIGH COURT

Revision is a new prospect for the resolution of law. It means re-examining the case involving improper inference, non-exercise or inappropriate jurisdictional exercise. Where no appeal lies for a case, which is decided by the subordinate court, Section 115 of the Code of Civil Procedure gives the High Court the power to revise the matter. This jurisdiction is known as the High Court’s revisional jurisdiction. Revision refers to reviewing or scrutinizing with a view to correct or to improve.

In the exercise of revisional powers, it is not the responsibility of the High Court to take into consideration the benefits of the evidence; it merely has to see if the provisions of the law have been properly adhered to by the court whose order is the subject of the revision.

In Section 115 of the CPC, there are only three grounds for revision, which are:

When the lower court meditates on a matter on which it has no jurisdiction.
There was authority, but it was not exercised.
Jurisdiction has been applied illegally or irregularly.

Section 115 shall thus prevent subordinate courts or lower courts from acting arbitrarily, illegally, irregularly or capriciously.

Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I)) 22 May 2022

The hon'ble Supreme court by virtue of article 136 of constitution can call for adjucation in any case which involves a considerable question of law which is pending in any Court of India. Hence and slp can always be filed against the order of national commission in Supreme Court. However the practical difficulty is that that the supreme court does not entertains all SLPs. Only if there is a res integra point of law which will benefit and answer a very important point of law beneficial to the whole society will the supreme court entertain a slp.

The power of High Court to entertain appeal under article 226 of the constitution is revisional jurisdiction. However such can only be entertaind under a final order of the National Commission and not in case where the case is still pending in the district forum.

So sir my humble question is that if I have two choice one is to file revision petition under article 226 in High Court and another choice is to file SLP in Supreme Court which one should I avail ?

I also request you to send me a private message does giving your mobile number