Munmun Kaur
Published On: February 09, 2022 at 11:51 IST
Recently the Supreme Court observed that consumer Complaints filed under the Consumer Protection Act (CPA), cannot be transferred from District Consumer Disputes Redressal Commission to High Court.
The observation was made in the Case YES Bank Limited v. 63 Moons Technologies Limited and Others.
A Division Bench of Justices Hemant Gupta and V Ramasubramanian was dealing with a bunch of transfer Petitions moved by YES Bank seeking transfer of consumer Complaints pending before certain District Consumer Disputes Redressal Commission (DCDRC) of Uttar Pradesh, Uttarakhand, and Delhi to Bombay High Court.
While rejecting the transfer Petitions, the Bench observed that the consumer Complaints were filed under the Consumer Protection Act, therefore, they cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Consequently, the request for transfer of the consumer Complaints was declined.
Besides this, the bank also sought the transfer of certain Writ Petitions pending before the High Courts of Allahabad, Delhi, and Madras. The Apex Court observed that the Bombay High Court is already hearing a similar set of pleas, which is scheduled for final hearing on February 10, 2022.
The Bench asked the said High Courts to await the Judgment of the Bombay High Court, who has fixed 10th February 2022 for the final hearing of a similar matter. The Bench added
The High Courts may adjourn the matters pending before it to await the Order of the Bombay High Court and then to proceed on merits of the Writ Petitions in accordance with Law.