Home  /  Consumer Protection Act  /  Section 107

Section 107: Repeal and savings

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019
Section 106 All 107 Sections of Consumer Protection Act

Legal Commentary & Landmark Judgments: Section 107

Section 107 repeals the Consumer Protection Act, 1986 while enacting comprehensive savings provisions that protect actions taken under the repealed law and preserve the forum of pending consumer complaints.

  • Express Repeal of the 1986 Legislation: Formally repeals the predecessor Consumer Protection Act, 1986, superseding the erstwhile consumer redressal machinery.
  • Comprehensive Savings of Prior Actions: Deems anything done, action taken, rules framed, or appointments made under the repealed Act to have been done under the corresponding provisions of the 2019 Act.
  • Preservation of Pending Proceedings in Existing Fora: Saves all pending complaints, appeals, and revisions instituted under the 1986 Act, ensuring they continue in the fora where they were instituted without automatic transfer.
Key Landmark Precedents:
  • Neena Aneja v. Jai Prakash Associates Ltd. (2022) 2 SCC 161: A 2-Judge Bench of the Supreme Court held that consumer complaints filed under the 1986 Act prior to the enforcement of the 2019 Act on 20.07.2020 must continue in the fora where they were originally filed; they cannot be transferred to District Commissions merely because of the revised pecuniary jurisdiction thresholds under the 2019 Act.
  • State of Punjab v. Mohar Singh (1955) 1 SCR 893: A 5-Judge Constitution Bench established the authoritative principles governing repeal and savings under Section 6 of the General Clauses Act, holding that repeal does not destroy accrued rights, liabilities, or ongoing legal proceedings unless an express contrary intention appears.
Courtroom Practice & Strategic Litigation Guidance:

If an opposite party moves an application before the State Commission or NCDRC to transfer a complaint filed prior to July 20, 2020 to a District Commission citing the enhanced ₹1 crore / ₹2 crore pecuniary thresholds of the 2019 Act, oppose the application relying on Section 107 and Neena Aneja. The Supreme Court has definitively held that forum rights vested under the 1986 Act remain intact.

Section 106 All 107 Sections of Consumer Protection Act