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Supreme Court of India 2022-02-15 allowed

ECGC LIMITED vs MOKUL SHRIRAM EPC JV

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

ECGC Limited (appellant) obtained an award of ₹265.01 crores from the National Consumer Dispute Redressal Commission for rejecting an insurance claim on Letter of Credit Comprehensive Risks Policies. The appellant sought to appeal to the Supreme Court but faced a more stringent pre-deposit requirement under the Consumer Protection Act, 2019 (50% of award) than under the 1986 Act (₹50,000 or 50%, whichever is less). The Supreme Court held that because the complaint was filed under the 1986 Act before the 2019 Act's commencement (20 July 2020), the original Act's less onerous conditions apply. The Court ruled that the right of appeal is a substantive right accrued when proceedings commence, and cannot be burdened by subsequently enacted laws unless expressly intended. The appeal was allowed.</summary_100> </invoke>

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Consumer Protection Law Statutory Interpretation Right of Appeal Repeal and Succession of Statutes Procedural Law versus Substantive Right General Clauses Act Retrospective Application

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