IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution:16.12.2024 Date of hearing : 13.01.2025 Date of Decision : 20.01.2025 FIRST APPEAL NO. 798/2024 IN THE MATTER OF MR. ARJIT SINGH S/O DR. SUMAN KUMAR R/O 263, SFS-FLATS, MUKHERJEE NAGAR DELHI-110009 (Through Mr. Deepal Goel, Advocate Email: attorney.goel@gmail.com Mobile No. 99990480001)

…APPLICANT/APPELLANT VERSUS FUTURE GENERAL INSURANCE CO. LTD.

1^ST FLOOR, 110-115 KRISHNA APRA BUSINESS SQUARE NETAJI SUBHASH PLACE NEW DELHI-110034 FUTURE GENERAL INSURANCE CO. LTD.

CORRPORATE & REGISTERED OFFICE:

6^TH FLOOR, TOWER-3 INDIABULLS FINANCE CENTER SENAPATI BAPAT MARG, ELPHINSTONE ROAD MUMBAI, MAHARASHTRA-400013 ....NON-APPLICANTS/ RESPONDENTS CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Deepal Goel, Counsel for the appellant (Mobile: 9999048001 and Email: attorney.goel@gmail.com)

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

1. The present appeal has been filed on 16.12.2024 challenging the impugned order dated 01.07.2024 passed in Complaint Case No.432/2017 by the District Consumer Disputes Redressal Commission-V (North-West District), CSC, Block C, Pocket-C, Shalimar Bagh, Delhi-110088 wherein the complaint was dismissed.

2. This order will dispose off an application bearing IA No.3421/2024 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of the appellant has been filed along with this application.

3. Record has been carefully and thoroughly perused.

4. The application has been moved under Section 5 of the Limitation Act. However, it is being considered under Section 15 of the Consumer Protection Act, 1986 as it is arising out of Complaint Case No.432/2017.

5. A bare perusal of the application reflects that it has been moved Section 5 of the Limitation Act. Hence, before delving into the merits of the present application, it is imperative to ascertain whether the present application bearing IA No.3421/2024 filed along with the appeal on 16.12.2024 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 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. Vatika Township (P) Ltd. reported in (2015) 1 SCC 1 wherein the Court discussed the proviso to Section 113 of the