(1.) The present appeal is directed against an order passed by the National Consumer Dispute Redressal Commission (National Commission) whereby the appellant herein was directed to pay a sum of Rs. 265.01 Crores along with interest @ 10% p.a. from 19.9.2016 within a period of three months. In case of failure to deposit the said amount, the awarded amount would carry compensation in the form of simple interest @ 12% p.a. The appellant has filed an application (IA No. 99210 of 2021) ex abundanti cautela to entertain the appeal as per the provisions of the Consumer Protection Act, 1986 (For short, the '1986 Act'). It is the said application which is being decided by the present order.
(2.) The complainant was awarded a contract for construction of rain water drainage, heavy sewerage and municipal road system by the Government of Basra, Iraq. The complainant obtained two specific contracts (Letter of Credit Comprehensive Risks Policies) by paying a sum of Rs. 10,38,03,912/- as premium to the appellant. The grievance of the complainant was that the payment for invoices issued for the work done under the contract was suspended. Later, the contract also was withdrawn by the Government of Basra owing to some internal conflict. The appellant herein rejected the insurance claim of the complainant and thus relief was sought before the National Commission by filing a complaint under Section 21(a)(i) of the 1986 Act. The said complaint was allowed on 27.1.2021.
(3.) The question now being examined here is as to whether the present appeal would be governed under the Consumer Protection Act, 2019 (For short, the '2019 Act') or under the erstwhile 1986 Act.