Ecgc Limited vs Mokul Shriram Epc Jv

Court

Supreme Court of India

Date

15 February 2022

Case No.

I.A. No. 99210 of 2021

Result

Allowed

Bench

Hemant Gupta, V. Ramasubramanian

Citation

[2022] 2 S.C.R. 155 : 2022 INSC 188

Headnote

Consumer Protection Act: Applicability of 1986 and 2019 Act – In the instant case, Complainant was awarded a contract by the Government of Iraq – Grievance of the complainant was that the payment for invoices issued for the work done under the contract was suspended – Thus, relief was sought before the National Commission by filing a complaint under the Consumer Protection Act, 1986 which was allowed – In the instant appeal, the question for consideration is whether the appeal would be governed under the 1986 or 2019 Act – Held: s.67 of 2019 Act states that no appeal shall be entertained unless the person has deposited 50 percent of the amount required to be paid – Whereas under the 1986 Act, unless

50 percent of the amount or 50 thousand, whichever is less, is deposited, appeal is not entertained – Repeal of enactment does not affect any right acquired or accrued under the enactment so repealed or affect any legal proceeding in respect of such right – When lis commences, all rights get crystallized and no clog upon a likely appeal can be put unless the law make express or implied implication – Hence, onerous condition of 50 percent of the amount awarded shall not be applicable to complaints filed prior to the commencement of the 2019 Act – General Clauses Act, 1897 – s.6. Garikapati Veeraya v. N. Subbiah Choudhry & Ors. AIR 1957 SC 540 : [1957] SCR 488 – followed.

Hoosein Kasam Dada (India) Ltd. v. State of Madhya Pradesh & Ors. AIR 1953 SC 221 : [1953] SCR 987 – relied on.

Nogendra Nath Bose v. Mon Mohan Singha Roy & Ors. AIR 1931 Cal. 100; State of Bombay v. M/s. Supreme General Films Exchange Ltd. & Anr. AIR 1960 SC 980 : [1960] SCR 640; Vitthalbhai Naranbhai Patel v. Commissioner of Sales Tax, M.P., Nagpur AIR 1967 SC 344; M/s. Hardeodas Jagannath v. The State of Assam & Ors. AIR 1970 SC 724 : [1969] SCR 261; K. Raveendranathan Nair & Anr. v. Commissioner of Income Tax & Ors. (2017) 9 SCC 355 : [2017]

The Order of the Court was passed by HEMANT GUPTA, J. 1. The present appeal is directed against an order passed by the National Consumer Dispute Redressal Commission 1 whereby the appellant herein was directed to pay a sum of Rs. 265.01 Crores along with interest @ 10% p.a. from 19.9.2016 within a period of three months. In case of failure to deposit the said amount, the awarded amount would carry compensation in the form of simple interest @ 12% p.a. The appellant has filed an application (IA No. 99210 of 2021) ex abundanti cautela to entertain the appeal as per the provisions of the Consum

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