EXPORT CREDIT GUARANTEE CORPORATION LTD. Vs. BHARAT ENTERPRISES
LAWS(SC)-2020-11-53
SUPREME COURT OF INDIA
Decided on November 16,2020

Export Credit Guarantee Corporation Ltd. Appellant
VERSUS
BHARAT ENTERPRISES Respondents

JUDGEMENT

- (1.)Leave granted.
(2.)These appeals challenge the orders dated 17.09.2020 (in First Appeal No.590 of 2020) and 14.10.2020 (in LA. No.6029 of 2020 filed in First Appeal No.590 of 2020) passed by the National Consumer Disputes Redressal Commission, New Delhi ("the National Commission" for short).
(3.)Being aggrieved by the order dated 26.02.2020 passed by the State Consumer Disputes Redressal Commission, Delhi ("the State Commission" for short) in Complaint No.310 of 2008, the appellant preferred First Appeal in the National Commission. At the time of filing of the appeal, in terms of Section 51 of the Consumer Protection Act, 2019 ("the Act" for short), 50% of the amount in terms of the order passed by the State Commission was deposited with the National Commission. Section 51 is quoted hereunder:
"Section 51: Appeal to National Commission

Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:

Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:

Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed."

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.