E.L.C.M. EXPORTS LIMITED versus SOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR.

E.L.C.M. EXPORTS LIMITED versus SOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR.

The Carriage of Goods by Sea Act, 1925 applies only to suits and not to complaints before Consumer Forums. Therefore, limitation under Article III, Clause 6 of the 1925 Act cannot be applied to complaints under the Consumer Protection Act. Section 24-A of the Consumer Protection Act, 1986 governs limitation, and the National Commission must consider whether sufficient cause exists to condone any delay.

Parties
Appellant: E.l.C.M. Exports Limited; Respondent No.1: South Indian Corpn. (Agencies) Ltd.; Respondent No.2: Respondent No.2 (not named)
Jurisdiction
India
Judgment Date
21 July 2009
Procedural Posture
Civil Appeal / Appeal From Order of the National Consumer Disputes Redressal Commission
Outcome
Appeal allowed
Legal Topics
Limitation, Applicability of Carriage of Goods by Sea Act, 1925, Section 24 a Consumer Protection Act, 1986
Consumer Law Limitation Applicability of Carriage of Goods by Sea Act, 1925 Section 24 a Consumer Protection Act, 1986

Case Brief

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Parties

E.l.C.M. Exports Limited

Appellant

South Indian Corpn. (Agencies) Ltd.

Respondent No.1

Respondent No.2 (not named)

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From Order of the National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether the Indian Carriage of Goods by Sea Act, 1925 applies to complaints before the Consumer Forum regarding limitation
  2. 2 Whether Section 24-A of the Consumer Protection Act, 1986 is applicable to such complaints

Ratio Decidendi

The Carriage of Goods by Sea Act, 1925 applies only to suits and not to complaints before Consumer Forums. Therefore, limitation under Article III, Clause 6 of the 1925 Act cannot be applied to complaints under the Consumer Protection Act. Section 24-A of the Consumer Protection Act, 1986 governs limitation, and the National Commission must consider whether sufficient cause exists to condone any delay.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the National Commission is set aside.
  • Matter remanded to the National Commission to decide the complaint afresh in accordance with law by applying Section 24-A of the Consumer Protection Act, 1986 and not the Carriage of Goods by Sea Act, 1925.