MANOJ NAIR Vs. JAIPUR INTERNATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) THE sole question for consideration is whether in view of the amendment made in Sections 11 and 17(1)(a) of the Consumer Protection Act, 1986 (for short "the Act of 1986") by the Consumer Protection (Amendment) Act, 2002 (for short "the amending Act of 2002"), the present complaint, which was filed in this State Commission on 27.9.2002 before coming into force of the said amendment, by which a decree of Rs. 20 lacs was sought by the complainant against the opposite party, can be tried by this State Commission or it should be transferred to the concerned District Forum for trial. In other words, the question is whether amending provisions of Sections 11 and 17(1)(a) can be made applicable to the pending complaints or not.

(2.) IT may be stated here that Section 11 of the Act of 1986 had been amended to enhance the jurisdiction of the District Forum to entertain complaints where the value of the goods or services and the compensation claimed exceed Rs. 5 lacs; but does not exceed rupees twenty lakhs.

(3.) SIMILARLY , by amending Act of 2002, Section 17 of the Act of 1986 has been amended so as to clarify the jurisdiction of the State Commission and also to raise its jurisdiction to entertain complaints where the value of goods or services and compensation claimed exceed rupees twenty lakhs but does not exceed rupees one crore.