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2022 (2) TMI 1219 - SC - Indian LawsOnerous condition of payment of 50% of the amount awarded - transfer of cases already instituted before National Consumer Disputes Redressal Commission to the State Consumer Disputes Redressal Forum - whether the present appeal would be governed under the Consumer Protection Act, 2019 or under the erstwhile 1986 Act? - HELD THAT:- In terms of Section 67 of the 2019 Act, no appeal against the order of National Commission shall be entertained by the Supreme Court unless the person has deposited fifty per cent of the amount required to be paid. Whereas, under the 1986 Act, by virtue of a proviso inserted vide Central Act 62 of 2002 w.e.f. 15.3.2003, the condition was that no appeal shall be entertained by the Supreme Court unless the person who is required to pay the amount deposits fifty per cent of the amount or fifty thousand, whichever is less. This Court held that serious hardship would be caused to the consumers if the cases already instituted before National Consumer Disputes Redressal Commission were required to be transferred to the State Consumer Disputes Redressal Forum. Thereafter, the proceedings instituted before the commencement of 2019 Act would continue before the fora corresponding to the provisions under the 1986 Act. The change of forum and period of limitation have been held to be procedural law even in the judgments reported in VIDEOCON INTERNATIONAL LTD. VERSUS SECURITIES & EXCHANGE BOARD OF INDIA [2015 (2) TMI 735 - SUPREME COURT] and MARIA CRISTINA DE SOUZA SODDER VERSUS MARIA ZURANA PEREIRA PINTO [1978 (8) TMI 225 - SUPREME COURT]. The onerous condition of payment of 50% of the amount awarded will not be applicable to the complaints filed prior to the commencement of the 2019 Act - application allowed.
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