State Consumer Disputes Redressal Commission
M/S Kashyap Departmental Store. vs United India Insurance Co. Ltd. & Anr. on 19 August, 2019
H.P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, SHIMLA.
Consumer Complaint No.: 19/2019
Date of Presentation: 26.04.2019
Date of Order : 19.08.2019
.......................................................................................
M/s Kashyap Departmental Store Hamirpur Road Amb Una H.P.
Through its Proprietor Sh.Ashish Kumar.
....Complainant.
Versus
1. United India Insurance Company Limited Branch Office Una near
Punjab and Sind Bank Amb Una through its Branch Manager.
.......Opposite party.
2. Oriental Bank of Commerce Amb Branch Amb Una through its
Branch Manager.
. Proforma Opposite party.
...............................................................................................
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of notification No.54 dated 09.08.2019 issued by Central Government of India wherein Consumer Protection Act 1986 stood repealed and new Consumer Protection Act 2019 came into operation w.e.f. 09.08.2019.
1Whether Reporters of the local papers may be allowed to see the order? Yes M/s Kashyap Departmental Store Vs. United India Insurance Co. Ltd. & Anr.
Consumer Complaint No. 19/2019
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.
4. In view of above stated facts present original consumer complaint No.19 of 2019 is transferred to learned District Consumer Commission Una (H.P.) for disposal in accordance with laws and proved facts. Be listed before 2 M/s Kashyap Departmental Store Vs. United India Insurance Co. Ltd. & Anr.
Consumer Complaint No. 19/2019 learned District Consumer Commission Una (H.P.) on 21.09.2019. Entire original record of present consumer complaint No. 19 of 2019 be sent to learned District Consumer Commission Una (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