In the proposed energy aware congestion controlled cross layered protocol, a cross layered approach is handled using ad hoc on demand distance vector routing protocol for attaining a congestion controlled network. At the medium access control layer, the nodes which possess signal to noise interference ratio requirements are only selected in the network and Shannon's capacity is found for those selected nodes. Hence, at the medium access control layer, only energy constrained nodes are selected. These selected nodes are moved to transport layer using the proposed cross layered approach. At the transport layer, if any congestion is found it can be detected using congestion threshold rate which is calculated using packet loss rate.