IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution:23.09.2023 Date of hearing : 11.10.2023 Date of Decision : 17.10.2023 FIRST APPEAL NO. 497/2023 IN THE MATTER OF AGEAS FEDERAL INSURANCE LIFE INSURANCE CO. LTD.

(FORMERLY KNOWN AS IDBI FORTIS LIFE INSURANCE CO. LTD.)

REGISTERED OFFICE AT

22ND FLOOR, A-WING, MARATHON FUTUREX N M JOSHI MARG, LOWER PAREL EAST MUMBAI-400013 Email: corporate.realtions@ageasfederal.com ASLO AT OFFIC NO. 907 & 908

9TH FLOOR, KANCHANJUNGA PLOT NO. 18, BARAKHAMBA ROAD CONNAUGHT PLACE, NEW DELHI-110001 ALSO AT

903, 9TH FLOOR, AGGARWAL CORPORATE HEIGHTS PLOT NO. A-7, CENTRE NETAJI SUBHASH PLACE PITAM PURA, NEW DELHI-110034 …APPLICANT/APPELLANT VERSUS MR. AKSHAY GARG R/O 2/68, ROOP NAGAR DELHI-110007 ....NON-APPLICANT/ RESPONDENT CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL) MR. J.P. AGRAWAL, MEMBER (GENERAL)

Present: Mr. Rahul (Enrl. No. D/548/2021 and Mobile No.

8178029954), counsel for the Appellant.

Mr. Vibhor Garg (Email ID: ishita@6avlegal.in and Mobile No. 9811352998) along with Ms. Ishita Mehta, counsel for the Respondent.

PER: HON’BLE MS. PINKI, MEMBER (JUDICIAL)

1. The present appeal has been filed on 23.09.2023 challenging the impugned order dated 09.02.2023 vide which Case No.47/2015 was allowed by the District Consumer Disputes Redressal Commission- I (North), Tis Hazari Courts Complex, Tis Hazari, Delhi-110054.

2. This order will dispose off an application bearing IA No.2257/2023 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of Mr. Sony George, Vice President (Legal) with the appellant has been filed along with this application.

3. Record has been carefully and thoroughly perused.

4. The application has been moved without mentioning any provision of law. However, it is being considered under Section 15 of the Consumer Protection Act, 1986 as it is arising out of Complaint Case No.47/2015.

5. The bare perusal of the application filed without mentioning any provision of law. However, the entire proceedings of the present case took place according to the Old Act. Hence, before delving into the merits of the present application, it is imperative to ascertain whether the present application bearing IA No.2257/2023 filed along with the appeal on 23.09.2023 is maintainable under the New Act/Old Act.

6. The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed prior to the implementation of Consumer Protection Act, 2019 on 20.07.2020. The same can be gauged through the repeal and saving section (Section 107) of the Consumer Protection Act, 2019 which has been reproduced below:

“107. (1) The Consumer Protection Act, 1986 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeal.”

7. We may also take the assistance of Section 6 (b) of the General Clauses Act, 1897 to further this view. Section 6 (b) of the General Clauses Act, 1897 has been reproduced below:

“6 Effect of repeal. : Where this Act, or any 1 [Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder”

8. Moreover, unless the legislature