DISSOLVING THE DUBEITY OVER JURISDICTIONAL ISSUES – SUSTAINING CONSUMER INTEREST
INTRODUCTION : The Supreme Court of India ( “SC” ) vide its order dated 16 th March 2021 (in Neena Aneja and others (Appellants) v. Jai Prakash Associates Ltd. (Respondents) ) created a significant precedent to embrace that enforcement of the Consumer Protection Act, 2019 (hereinafter “the Act of 2019” ) does not warrant the abrogation and transfer of pending consumer complaints from adjudicatory forums established under the Consumer Protection Act, 1986 (hereinafter “the Act of 1986”) to the corresponding adjudicatory forums under the Act of 2019. The SC bench of Hon’ble Justices DY Chandrachud and MR Shah were hearing an appeal filed by the appellants aggrieved by an order of the National Consumer Disputes Redressal Commission (hereinafter “NCDRC” ) dismissing their complaint on the ground that institution of proceedings should continue in appropriate forum established under the Act of 2019 since the Act of 1986 stood repealed as on the date of hearing of complaint and the A...