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Supreme Court of India 2022-02-15 allowed

ECGC Limited vs Mokul Shriram EPC JV

Bench: 2 — Hemant Gupta

In Brief

ECGC Limited had rejected an insurance claim brought by Mokul Shriram EPC JV for Letter of Credit Comprehensive Risks Policies obtained for construction work in Iraq. The National Consumer Dispute Redressal Commission awarded ₹265.01 crores to the respondent, and ECGC appealed. The issue was whether the appeal should be governed by the Consumer Protection Act, 1986 (which required deposit of 50% of the amount or ₹50,000, whichever is less) or the 2019 Act (which requires deposit of 50% of the awarded amount). The Supreme Court held that since the complaint was instituted before the 2019 Act came into force, the appeal continues to be governed by the 1986 Act, and the more onerous condition of depositing 50% does not apply retrospectively.

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Consumer Protection Statutory Interpretation Right of Appeal Transitional Provisions Non-Retrospectivity Substantive Rights Procedural Law

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