IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 09.12.2025 (Online)

11.12.2025 (Physically)

Date of hearing : 12.01.2026 Date of Decision : 13.01.2026 FIRST APPEAL NO. 613/2025 IN THE MATTER OF M/S STAR HEALTH & ALLIED INS. CO. LTD.

2ND FLOOR, DAILY TEJ BUILDING

8-B, BAHADUR SHAH ZAFAR MARG NEW DELHI-110002 EMAIL: sumit.kumar@starhealth.in Mobile No.9350546084 (Through Mr. Manoj Kumar, Mr. Raghav Goel, Mr. Shubham Bansal, Mr. Avinash Mishra &

Mr. Vinay Kumar Pandey, Advocates Email: advocatesindia@yahoo.co.in Mob.9810675719)

…APPLICANT/APPELLANT VERSUS

1. MR. CHANDER BHAN S/O LATE MR. ROOP CHAND HOUSE NO. 285, HARIJAN BASTI RAMPURA, DELHI-110035

2. MGS HOSPITAL THROUGH ITS MEDICAL SUPERINTENDENT ROHTAK RAOD, WEST PUNJABI BAGH NEW DELHI-110026

3. MAX SUPER SPECIALTY HOSPITAL THROUGH ITS MEDICAL SUPERINTENDENT FC-50, C & D BLOCK, SHALIMAR BAGH NEW DELHI-110088 ....NON-APPLICANTS/RESPONDENTS CORAM:

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. Manoj Kumar, counsel for the appellant (Email:

advocatesindia@yahoo.co.in).

PER: HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

1. The present appeal has been filed on

09.12.2025 (through online mode vide reference no. 202512091502) and 11.12.2025 (physically) challenging the impugned order dated 31.07.2025 passed in Complaint Case No.159/2019 by the District Consumer Disputes Redressal Commission-V (North-West District), CSC, Block C, Pocket-C, Shalimar Bagh, Delhi-110088.

2. This order will dispose off an application bearing IA No.2826/2025 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of Mr. Sumit Kumar Sharma, Authorized Representative of the appellant has been filed along with this application.

3. I have given considerable thought to the submissions put forth by the appellant and carefully perused the record.

4. The application has been moved without mentioning any provision of law. Hence, before delving into the merits of the present application, it is imperative to ascertain whether the present application bearing IA No. 2826/2025 filed along with the appeal on 09.12.2025 (online) and 11.12.2025 (physically) is maintainable under the New Act/Old Act.

5. 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.”

6. I 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”

7. Moreover, unless the legislature explicitly provides that the amendment is retrospective in nature, it will be considered prospective. The aforesaid view has been taken by the Apex Court in the case of CIT v. Vatik