Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act: Applicability of 1986 and 2019 Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Application Allowed |
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appeal is not entertained – Repeal of enactment does not affect any right acquired or accrued under the enactment so repealed or affect any legal proceeding in respect of such right – When lis commences, all rights get crystallized and no clog upon a likely appeal can be put unless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. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 188 |
Petitioner | Ecgc Limited |
Respondent | Mokul Shriram Epc Jv |
SCR | [2022] 2 S.C.R. 155 |
Judgement Date | 2022-02-15 |
Case Number | 1842 |
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