State Consumer Disputes Redressal Commission
Ms. Kundan Palmoo Negi. vs Pnb Metlife India Insurance Co. Ltd. & ... on 19 August, 2019
H.P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, SHIMLA.
Consumer Complaint No.: 11/2018
Date of Presentation: 27.07.2018
Date of Order : 19.08.2019
.......................................................................................
Kundan Palmoo Negi D/o Sh. K.M.Negi R/o Village & P.O. and
Tehsil Pooh District Kinnaur H.P..
....Complainant.
Versus
1. PNB Metlife India Insurance Company Ltd. Through its Managing
Director Unit No.701, 702 and 703 Severn Floor West Wings
Rahaja Towers 26/27 MG Road Banglore-580001.
2. National Bank for Agriculture and Rural Development (NABARD)
through its Managing Director Plot No.2-24 G Block Bandra
Kurla Complex Bandra (E) Mumbai Maharashtra-400051.
3. National Bank for Agriculture and Rural Development (NABARD)
through its Chief General Manager Block-34 S.D.A. Complex
Shimla-9.
....Opposite parties.
...............................................................................................
Coram
Hon'ble Mr. Justice P.S. Rana (R) President.
Hon'ble Ms. Sunita Sharma Member.
Whether approved for reporting?1 Yes For Complainant: None.
For Opposite Parties : None.
....................................................................................... Justice P.S. Rana (R) President ORDER ON ORIGINAL PECUNIARY JURISDICTION OF STATE COMMISSION:______________________________________________
1. Present order is passed in view of notification No.54 dated 09.08.2019 issued by Central Government of 1 Whether Reporters of the local papers may be allowed to see the order? Yes Ms.Kundan Palmoo Negi Vs. PNB Metlife India Insurance Co.Ltd.& ors.
Consumer Complaint No.11/2018 India wherein Consumer Protection Act 1986 stood repealed and new Consumer Protection Act 2019 came into operation w.e.f. 09.08.2019.
2. New Consumer Protection Act 2019 came into operation w.e.f. 09.08.2019 wherein original pecuniary jurisdiction of learned District Consumer Commission has been enhanced from Rs.20.00 lacs (Twenty lacs) to Rs.1.00 Crore (One Crore). Relief sought in the present consumer complaint is not exceeding Rs.1.00 Crore (One Crore). State Commission has no original pecuniary jurisdiction to dispose of consumer complaint wherein relief sought is not exceeding Rs.1.00 Crore (One Crore).
3. As per clause 34 (2)(d) of Consumer Protection Act 2019 a consumer complaint could be filed at a place where complainant resides or works for gain. It is held that original pecuniary jurisdiction is only rule of procedure and has effect on pending as well as future matters in view of ruling of Hon'ble Apex Court of India reported in AIR 1976 SC 2610 (Three Judges Bench) titled K.E. Chako Versus Provident Investment Company. It is held that provision of section 6 of General Clause Act 1897 will not be operative upon procedural pecuniary change effected by way of constitutional amendment in view of ruling cited supra. 2
Ms.Kundan Palmoo Negi Vs. PNB Metlife India Insurance Co.Ltd.& ors.
Consumer Complaint No.11/2018
4. In view of above stated facts present original consumer complaint No.11 of 2018 is transferred to learned District Consumer Commission Kinnaur at Reckong Peo (H.P.) for disposal in accordance with laws and proved facts. Be listed before learned District Consumer Commission Kinnaur at Reckong Peo (H.P.) on 25.09.2019. Entire original record of present consumer complaint No.11 of 2018 be sent to learned District Consumer Commission Kinnaur at Reckong Peo (H.P.) forthwith. Learned District Consumer Commission will issue notices to learned Advocates engaged by the parties. In addition learned District Consumer Commission will also issue notices to parties by way of registered post. Certified copy of order be transmitted to parties free of costs forthwith. Certified copy of order will be retained in office for record. Ordered accordingly.
Justice P.S. Rana (R)
President
19.08.2019 Sunita Sharma
Manoj. Member
3