M/s British Airways filed Civil Appeal No.4140/2006 before Supreme Court of India against the order dated 27.9.2005 passed by

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the Monopolies & Restrictive Trade Practices Commission (MRTPC) in UTPE No.433/1997.

          Supreme Court of India vide its order dated 23.6.2010 remanded the matter to the National Consumer Disputes Redressal Commission for fresh hearing and decision in accordance with law.  Supreme Court of India in para 19 of its order observed as under:

          19.    For the foregoing reasons, we allow this appeal and set aside the impugned order passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi and remand the matter (UTPE No.433/97 and Application No.15/98) to the National Consumer Disputes Redressal Commission (for short, ‘National Commission’) for fresh hearing and decision in accordance with law.  The matter has been remanded to the National Commission in view of repeal of the MRTP Act and abolition of MRTP Commission.  All contentions of the parties are kept open to be agitated before the National Commission.  Since the matter is quite old, we request the National Commission to decide these proceedings as early as may be possible.  We are informed that the amount deposited by the appellant has been invested in a fixed deposit and that the maturity date of the said fixed deposit is 10.11.2010.  In case, the National Commission

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decides the matter before 10.11.2010, the amount deposited by the appellant along with accrued interest shall be paid to the successful party.  However, if the National Commission is unable to decide the matter before 10.11.2010, the Registry shall return the amount deposited by the appellant along with the accrued interest to the appellant.  The parties shall appear before the National Commission on 12^th July, 2010.  No order as to costs.”

          Section 66(4) of the Competition Act, 2002 (before amendment) read as under:

(4)               Subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than those referred to in clause (x) of sub-section(1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices Commission 108[on or before the expiry of two years referred to in the proviso to  sub-section (1)], shall, stand transferred to the National Commission constituted under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission shall dispose of such cases as if they were cases filed under that Act:

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Provided that the National Commission may, if it considers appropriate, transfer any case transferred to it under this sub-section, the concerned State Commission established under section 9 of the Consumer Protection Act, 1986 (68 of 1986) and that State Commission shall dispose of such case as if it was filed under that Act.”

          Subsequently, the Government of India vide Gazette of India No.46 dated 23.12.2009 amended the Competition Act, 2002 and                    the provisions regarding transfer of cases from MRTP to National Consumer Disputes Redressal Commission. Section 66 of the Act was amended in the following terms:

          ‘Provided further that all the cases relating to the unfair trade practices pending, before the National Commission under this sub-section, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.

          Further;

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          “Provided that all investigations or proceedings relating to unfair trade practices pending before the

National Commission, on or before the date on which the Competition (Amendment) Bill 2009 receives the assent of the President shall, on and from that date stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceeding in the manner as it deems fit”.

          After coming into force of Competition Act, 2002 w.e.f. 23.12.2009, all cases relating to unfair trade practices pending before the National Commission have been ordered to be transferred to Appellate Tribunal of Competition Commission for adjudication. National Consumer Disputes Redressal Commission does not have the jurisdiction to hear the appeals.  Perhaps the amendment carried out in the Act, which has been reproduced above, was not brought to the notice of Hon’ble Judges of Supreme Court of India.

          Counsel for the parties are directed to seek clarification from Supreme Court of India as to whether in view of the amendment

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carried out in the Act, the appeal should be heard by this Commission or by the Competition Appellate Tribunal.

          Dasti.