IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 06.11.2024 (Online)

17.12.2024 (Physically)

Date of hearing : 17.01.2025 Date of Decision : 24.01.2025 FIRST APPEAL NO. 804/2024 IN THE MATTER OF THE MANAGER INDIAN OVERSEAS BANK SHOP NO.98, BANGLA SAHIB ROAD DIZ STAFF QUARTERS, GOLE MARKET BRANCH NEW DELHI-110001 (Through Mr. Brijesh Kumar Tamber, Mr. Vinay Singh Bist, Mr. Prateek Kushwaha, Ms. Arani Mukherjee, Mr. Sahas Bhasin, Mr. Yashu Rustagi, Ms. Chanchala Tiwar, Advocates Email: officeofbrijeshktamber@gmail.com Mobile No. 9891125411)

…APPLICANT/APPELLANT VERSUS

1. MR. DEEPAK GUPTA S/O MR. MURARI LAL GUPTA

2. MRS. RUCHI GUPTA W/O MR. DEEPAK GUPTA BOTH RESIDENTS OF R/O C-1/FLAT NO. 405 MILAN VIHAR APARTMENTS I.P. EXTENSION, NEW DELHI-110092 ....NON-APPLICANTS/ RESPONDENTS CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Sahas Bhasin, Counsel for the appellant (Mobile: 8800112770 and Email: sahasbhasin@gmail.com)

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

1. The present appeal has been filed on 06.11.2024 (vide reference no.

A24110002680 through online mode) and on 17.12.2024 (physically) challenging the impugned order dated 24.07.2024 passed in Complaint Case No.173/2019 by the District Consumer Disputes Redressal Commission- II (South District), Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel Mehrauli)

New Delhi (South-I) wherein the complaint was allowed.

2. This order will dispose off an application bearing IA No.3426/2024 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of Mr. Hridyanand Jee i.e. Manager of 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.173/2019.

5. A bare perusal of the application reflects that it has been moved 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. 3426/2024 filed along with the appeal on 06.11.2024 (vide reference no. A24110002680 through online mode) and on 17.12.2024 (physically) 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