ECGC LIMITED versus MOKUL SHRIRAM EPC JV

ECGC LIMITED versus MOKUL SHRIRAM EPC JV

The Court held that the onerous condition in Section 67 of the 2019 Act requiring deposit of 50% of the amount awarded shall not apply to complaints instituted prior to the commencement of the 2019 Act; appeals in respect of lis which commenced before the repeal vest under the law prevailing at the date of...

Source-derived case information.

Parties
Appellant: ECGC LIMITED; Respondent: MOKUL SHRIRAM EPC JV
Jurisdiction
India
Judgment Date
15 February 2022
Procedural Posture
Civil Appeal / Interlocutory Application Under IA No. 99210 of 2021 to Entertain Appeal
Legal Topics
Effect of Repeal, Pre Deposit Requirement for Appeals, Vesting of Right of Appeal, Retrospectivity of Procedural Amendments
Consumer Protection Statutory Interpretation Administrative Law Effect of Repeal Pre Deposit Requirement for Appeals Vesting of Right of Appeal Retrospectivity of Procedural Amendments

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Summary, issues, holding and outcome

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Parties

ECGC LIMITED

Appellant

MOKUL SHRIRAM EPC JV

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application Under IA No. 99210 of 2021 to Entertain Appeal

Legal Issues

  1. 1 Whether the appeal is governed by the Consumer Protection Act, 1986 or the Consumer Protection Act, 2019
  2. 2 Whether Section 67 of the 2019 Act requiring deposit of 50% of the amount applies to complaints/appeals where the lis commenced before commencement of the 2019 Act
  3. 3 Whether repeal of the 1986 Act affects accrued rights of appeal by operation of Section 6 of the General Clauses Act, 1897 and Section 107 of the 2019 Act

Ratio Decidendi

The Court held that the onerous condition in Section 67 of the 2019 Act requiring deposit of 50% of the amount awarded shall not apply to complaints instituted prior to the commencement of the 2019 Act; appeals in respect of lis which commenced before the repeal vest under the law prevailing at the date of institution (the 1986 Act), and repeal does not extinguish accrued rights absent express or necessarily implied legislative intent to that effect (applying Section 6 General Clauses Act and Section 107 of the 2019 Act).