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Saturday, January 2, 2021

NCDRC_determining the pecuniary jurisdiction_value of the goods or services paid as consideration_Consumer Protection Act, 2019

 NCDRC_determining the pecuniary jurisdiction_value of the goods or services paid as consideration_Consumer Protection Act, 2019


8.       It appears that the Parliament, while enacting the Act of 2019 was conscious of this fact and to ensure that Consumer should approach the appropriate Consumer Disputes Redressal Commission whether it is District, State or National only the value of the consideration paid should be taken into consideration while determining the pecuniary jurisdiction and not value of the goods or services and compensation, and that is why a specific provision has been made in Sections 34 (1), 47 (1) (a) (i) and 58 (1) (a) (i) providing for the pecuniary jurisdiction of the District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission and the National Commission respectively.

9.       For ready reference the provisions of Sections 34 (1), 47 (1) (a) (i) and 58 (1) (a) (i) of the Act of 2019 are reproduced below:

“34. (1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain  complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:”

 

“47. (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction—

(a) to entertain—

(i) Complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore:”

 

“58. (1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction—

(a) to entertain—

(i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore:”

 

 

10.     From a reading of the aforesaid provisions it is amply clear that for determining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of the goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased/ taken. Therefore, we are of the view that the provision of Section 58 (1) (a) (i) of the Act of 2019 are very clear and does not call for any two interpretations

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

Case No. CC/833/2020

M/S. PYARIDEVI CHABIRAJ STEELS PVT. LTD v NATIONAL INSURANCE COMPANY LTD. & 3 ORS.

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