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july 2009

Supreme Court of India · 2009-07-21

E.I.C.M. EXPORTS LTD. vs SOUTH INDIAN CORPN. (AGENCIES) LTD.&ANR.

Citation / case number
SC 2003/10166
Court
Supreme Court of India
Petitioner
E.I.C.M. EXPORTS LTD.
Respondent
SOUTH INDIAN CORPN. (AGENCIES) LTD.&ANR.
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU, V.S. SIRPURKAR

Judgment text excerpt

The Supreme Court held that the Indian Carriage of Goods by Sea Act, 1925 does not apply to complaints filed before the Consumer Forum, as a complaint is not a 'suit' under Section 9 of the Civil Procedure Code, 1908. The Court clarified that the limitation period under Article III Clause 6 of the Carriage of Goods Act is not applicable, and instead, Section 24-A of the Consumer Protection Act, 1986 governs the limitation for consumer complaints. The appeal was allowed, overturning the National Commission's dismissal of the complaint as barred by limitation.

E.I.C.M. EXPORTS LTD. vs SOUTH INDIAN CORPN. (AGENCIES) LTD.&ANR. · Niyam