Case Note & Summary
The matter pertains to a Transfer Application filed by M/s. Mahindra & Mahindra Limited, the appellant, seeking transfer of an appeal pending before the State Consumer Disputes Redressal Commission, Itanagar, Arunachal Pradesh, to the State Commission, Guwahati, Assam. The background involves a consumer complaint filed by Shri Jumpe Maro and others (respondents) against the appellant and the dealer, alleging deficiencies in service regarding a Mahindra XUV300 vehicle. The District Consumer Disputes Redressal Forum, Papum Pare District, Yupia, Arunachal Pradesh, partially allowed the complaint on 31.03.2023, directing the opposite parties to pay Rs.1,70,000 to the complainant within 30 days, failing which interest at 12% per annum would accrue. The appellant filed an appeal before the State Commission, Itanagar, but the State Commission had not been functioning for almost 10 months due to non-appointment of the President and Members, resulting in no effective hearing. Meanwhile, the complainant was pressing for execution of the district forum's order. The appellant sought transfer of the appeal to a functional State Commission. The National Commission examined the issue of whether it has the power under Section 62 of the Consumer Protection Act, 2019 to transfer a pending appeal or revision from one State Commission to another. The Commission noted that Section 62 only provides for transfer of complaints, not appeals or revisions. However, relying on the principle that procedural laws are meant to advance justice and not to defeat it, and considering the non-functional status of the State Commission, Itanagar, the Commission held that it has inherent power to transfer the proceedings to prevent failure of justice. The Commission transferred the appeal (FA No. 01 of 2023) from the State Commission, Itanagar to the State Commission, Guwahati, Assam, for adjudication on merits. The Commission also directed that the parties be given notice of the new hearing date and that the State Commission, Guwahati proceed expeditiously.
Headnote
A) Consumer Law - Transfer of Proceedings - Section 62 of Consumer Protection Act, 2019 - Inherent Power - The issue was whether the National Commission has power under Section 62 to transfer a pending appeal from a non-functional State Commission to another State Commission - The National Commission held that Section 62 does not expressly confer power to transfer appeals or revisions, but the Commission has inherent power to do so to prevent failure of justice - The appeal was transferred from State Commission, Itanagar to State Commission, Guwahati (Paras 3-14).
Issue of Consideration
Whether the National Commission in exercise of powers under Section 62 of the Consumers Protection Act, 2019 can be presumed to be possessed of the power to transfer a pending Appeal or a Revision or any other proceeding before the State Commission (other than a complaint) to another State Commission or not?
Final Decision
The Transfer Application is allowed. The appeal pending before the State Commission, Itanagar (FA No. 01 of 2023) is transferred to the State Commission, Guwahati, Assam for adjudication on merits. The State Commission, Guwahati is directed to give notice to the parties and proceed expeditiously.
Law Points
- Transfer of proceedings
- Section 62 Consumer Protection Act 2019
- Inherent power
- Non-functional State Commission
- Consumer dispute redressal
