Provisions For Jurisdiction Of Consumer Commissions Under Consumer Protection Act 2019 Not Retrospective In Operation: NCDRC

first_imgNews UpdatesProvisions For Jurisdiction Of Consumer Commissions Under Consumer Protection Act 2019 Not Retrospective In Operation: NCDRC Srishti Ojha20 March 2021 9:22 PMShare This – xThe National Consumer Disputes Redressal Commission has on Tuesday held that provisions regarding Jurisdiction of District, State and National Commission under Section 34,47 and 58 of the consumer protection Act of 2019 are prospective in operation and not retrospective.Therefore, the complaints instituted before Act 2019 came into force are to be adjudicated by the District, State and…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe National Consumer Disputes Redressal Commission has on Tuesday held that provisions regarding Jurisdiction of District, State and National Commission under Section 34,47 and 58 of the consumer protection Act of 2019 are prospective in operation and not retrospective.Therefore, the complaints instituted before Act 2019 came into force are to be adjudicated by the District, State and National Consumer Commissions in accordance with provisions of jurisdiction under Act of 1986 under which the Complaints were instituted.Incidentally, on the same day, the Supreme Court also held that the consumer complaints filed before July 20, 2020, should continue in the fora as per the 1986 Act and need not be transferred to the fora as per the pecuniary limits under the 2019 Act.All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]The Court was considering an application filed by a builder company seeking return of the consumer complaint filed against him to appropriate forum having pecuniary jurisdiction to adjudicate the complaint, after coming into force of the 2019 Act.While dismissing applicant’s request, the Commission observed that the appropriate forum to hear a complaint instituted before coming into force of Act of 2019 will be forum having jurisdiction under the Act of 1986 under which the complaint was filed.The Commission observed that a new enactment, bringing change in forum, with significant alternations in jurisdiction provisions, does not effect the pending proceedings unless an intention to the contrary is visible. The Act of 2019 does not contain any provision that the pending complaints before National or State Commission will be transferred to the fora now having pecuniary jurisdiction.The Commission observed that the Parliament were in the know the Supreme Court’s orders when it passed the Act in 2019, and this whether or not any provision is ultra vires of the Constitution will be examined by the Supreme Court if and when the matter is taken before them.Further, it has been observed that pecuniary jurisdiction and territorial jurisdiction both together constitute jurisdiction and one cannot be taken in isolation of the other. If the method of computing pecuniary jurisdiction of the Consumer Disputes Redressal Agencies is adopted according to the 2019 Act, most complaints pending adjudication before National commission will go before State or District and most of those pending adjudication before state commission will go to the District.According to the Bench, the change of forum in present case cannot be treated as question of pure procedure applicable retrospectively by taking the general law that ‘procedure law is retrospective in application’ , while ignoring the significant alterations made in jurisdiction provisions, the anomaly and absurdity it will create.”Retrospective application of the provisions relating to Jurisdiction in the Act of 2019 will give rise to anomalous and absurd situation, method or workability will not exist.” the Commission said.The Bench also observed that decision taken in the present case with prayer seeking return of consumer complaint to appropriate forum with appropriate pecuniary jurisdiction, will have a direct bearing on other consumer complaints pending adjudication at various stages before the National Commission. Therefore it translates into whether all complaints pending adjudication before the National Commission in which orders have not been reserved or pronounced are required to be sent to appropriate forum that now have the pecuniary jurisdiction according to Act 2019The National Commission also considered the following two important questions, as contended by Senior Advocate K Venugopal on behalf of the builder company:A matter involving question of law cannot be heard by a Bench with no judicial member.The Bench is bound to take recourse to Regulation 13 of Regulations Consumer Commission Procedure Regulations 2020 and refer the matter to President of the Commission for constitution of another Bench of which the President is the member.The Commission however held that the Bench can not and should not examine whether or not it lacks competency under law or if has been unlawfully constituted.”No Tribunal can examine act of its parent statute. Specifically, no Bench can examine validity of provisions relating to composition of this Commission or relating to constitution pf its Benches by the Hon’ble President of the Commission ” the Bench observed.With regards to the Regulations, the Bench observed that it is at the considered wisdom of the Bench whether or not it considers appropriate and necessary to refer a matter to the President under Regulations 12. The discretion cannot be arbitrary or whimsical and has to be rationally exercised with application of mind.In the present case, a consumer complaint was filed in 2017 against a builder company Jaiprakash Associates. After the Consumer Protection act 2019 came into force repealing the Act of 1986, an interlocutory application was moved by the builder association seeking return of the complaint to appropriate forum having pecuniary jurisdiction to adjudicate the complaint.A co- ordinate Bench of the NCDRC dismissed the application on grounds that an administrative order was issued by the Commission’s President stating that the Consumer Protection Act 2019 is not retrospective, but prospective in operation, and therefore all matters filed before the District, State and National Commission prior to date that the Act came into effect, will continue to remain in those commissions.The Delhi High Court through its order in November 2020 however set aside the order of the Co ordinate Bench directing the Commission to decide the issue on its own merits remaining uninfluenced by the administrative order.Click Hear To Download/Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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PREMIUMHotel, resort owners in Bali concede to lower selling prices

first_imgproperty-market hospitality-industry Bali-tourism COVID-19 Colliers-International Forgot Password ? Linkedin LOG INDon’t have an account? Register here Facebook Google Topics : Log in with your social account Business players in the hospitality sector in Bali, the country’s main tourism hub, have been prompted to sell property below market price, amid the massive hit to the island’s visits due to the pandemic, realtors and experts have stated.While the asking price for property in the hospitality sector, such as resorts, villas and hotels, has not budged since the outbreak began at the beginning of March, the owners have been more open to selling their property with up to 25 percent off market price, according to Paradise Property Group, a Bali-based resort and villa realtors firm.“Bali’s tourism slump has greatly affected both property leases and sales. Annual and monthly lease prices could drop up to 50 percent, while sales of property are also seeing more price concessions during negotiations,” the realtor firm’s sales manager, Fransiska …last_img read more

Brandon Ingram can lead Lakers by being ‘quiet alpha’

first_img AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREUCLA alum Kenny Clark signs four-year contract extension with PackersAs a more diversified scorer, as a defender. And, perhaps most critically, as a leader.“You can see it when you’re around him every day,” Walton said. “You see how the guys react to him. … That comes from being a leader. They look at him and they get confidence from him when he’s playing well. When we need a bucket, they call his number out there to get him the ball.”No, Ingram is not the kind of player who will scream at his teammates or motivate vocally. But Coach Luke Walton says Ingram does not need to become a Russell Westbrook or Draymond Green type of leader for the rest of the Lakers to follow him.“You can definitely be a quiet alpha,” Walton said.The comparison who came to mind for the Lakers coach was his point guard in college at Arizona: Jason Gardner . The Lakers star forward smirked and shook his head before bending over in laughter.“Brandon Ingram’s new movie,” Kyle Kuzma said, “‘Slender Man,’ coming soon.”Kuzma’s shaky cell phone video, shared on social media, then panned to the promotional poster for an upcoming horror film, then back to Ingram and Lonzo Ball, as the young Lakers triumvirate visited a movie theater in Oklahoma City earlier this week.While Ingram’s frame remains lean, and a constant source of amusement for his teammates, the second-year small forward has really filled out this season. “He was the only guy on our team who didn’t talk,” Walton said. “He was the leader of our group there.”Ingram has often spoken up after bad losses, taking accountability for the Lakers’ performances. After the Lakers met as a team amid a nine-game losing streak, no player spoke out as forcefully about their need to listen to each other – and for the coaches to listen to the players – than Ingram.“I’ve seen him get loud at times,” Walton said, “and I think when he does speak up, guys really do listen because it doesn’t happen often.”Ingram is one of several Lakers dealing with injuries. He is listed as questionable to play Friday against Indiana after tweaking the sprained left ankle that he first suffered in Saturday’s overtime victory in Dallas.LET THE ACHILLES HEALThe first encouraging sign after Kentavious Caldwell-Pope left the Lakers’ loss in Oklahoma City came at halftime, when the veteran guard returned to the court to put up shots and test his sore Achilles.That, at least, indicated he had not torn the tendon.“I don’t think you can shoot on a torn Achilles,” Walton said.Well, unless you are …“Unless you are Kobe Bryant,” Walton said, “then you can make some free throws.”Despite that initial positive sign, the team’s starting shooting guard was ruled out for Friday’s game against the Pacers. He was limping in the locker room late Wednesday and received treatment from team trainers on Thursday.Caldwell-Pope will be held out along with starting point guard Lonzo Ball, who will miss his third consecutive game with a sore left knee. The Lakers are 0-8 in games without Ball this season.Ingram is questionable against the Pacers, as is Kyle Kuzma, who suffered a sprained joint in his left hand.Caldwell-Pope, who averages 13.7 points, suffered the injury when he and Westbrook vied for a loose ball, with Westbrook rolling onto Caldwell-Pope’s lower leg.“Hopefully it’s short term,” Caldwell-Pope said after the Lakers’ 24-point loss.IN A HAYESThe Lakers plan to sign G-League star Nigel Hayes to a 10-day contract this week, bringing in a player who has spent time in the Lakers locker room – just not with the Lakers.When Hayes and the Wisconsin Badgers appeared at Staples Center in the West Regional of the NCAA Tournament in 2015, Hayes made waves on social media by celebrating the discovery that he had been assigned Kobe Bryant’s locker.There will be no chance of him getting his old locker back, however. Ingram famously occupies Bryant’s old station in the locker room.A 6-foot-8 forward, Hayes appeared in 30 games this season with the Westchester Knicks, averaging 14.9 points, 6.6 rebounds and more than two 3-poitners per game.center_img Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more