IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 14.12.2024 (Online)

16.12.2024 (Physically)

Date of hearing : 06.03.2025 Date of Decision : 26.03.2025 FIRST APPEAL NO. 51/2025 IN THE MATTER OF MR. SANJAY KAPOOR S/O LATE MR. JAGDISH LAL KAPOOR R/O C-3/82, LAWRENCE ROAD NEW DELHI-110035 (Through Mr. Suneet Nagpal, Mr. Pankaj, Mr. Dushyant Yadav & Ms. Apurva Nagpal, Advocates Email: sna.lawoffice@gmail.com Mobile No. 9811166736 &

9999402692)

…APPLICANT/APPELLANT VERSUS MR. HARISH CHANDER KAUSHIK R/O M-119, SHASTRI NAGAR NEAR INDERLOK METRO STATION OPPOSITE PETROL PUMP, SARAI ROHILLA DELHI-110052 ....NON-APPLICANT/RESPONDENT CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Pankaj Singh, Mr. Ritesh Nimhoria and Mr. Suneet Nagpal, counsel for the appellant (Mob. 9654069880 and Email: sna.lawoffice@gmail.com &

suneetnagpal15@yahoo.co.in)

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

1. The present appeal has been filed on 14.12.2024 (vide reference no.

A241200084 through online mode) and 16.12.2024 (physically) challenging the impugned order dated 24.07.2024 passed in Complaint Case No. 73/2020 by the District Consumer Disputes Redressal Commission-V (North-West District), CSC, Block C, Pocket-C, Shalimar Bagh, Delhi-110088 wherein the complaint filed on 31.01.2020 was dismissed.

2. This order will dispose off an application bearing IA No.315/2025 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. It is noted that the appellant had already filed an appeal against the impugned order dated 24.07.2024 passed by the District Consumer Disputes Redressal Commission-V (North-West District), CSC, Block C, Pocket-C, Shalimar Bagh, Delhi-110088 on 27.09.2024 (vide reference no. A24090015815 through online mode) and 03.10.2024 (physically) vide First Appeal bearing FA No. 661/2024 which was dismissed on IA No.2776/2026 i.e. the application seeking condonation of delay by this Commission on 16.10.2024 and now the appellant has again filed the present appeal impugning the same order dated 24.07.2024.

5. Even the same fact has been mention by the appellant in para 5 of the application that he has already filed an appeal being FA No.661/2024 along with IA No. 2776/2024 (i.e. an application seeking condonation of delay in filing the appeal), against the same impugned order dated 24.07.2024, which was also dismissed vide order/judgment dated 16.10.2024. Para 5 of the application reads as under:

“5. That the appeal before Hon'ble State Consumer Dispute Redressal Commission was filed on 27.09.2024, under section 41 of the consumer protection Act 2019 along with application of condensation of delay U/S 5 of limitation Act 1963 with in limitation, however the same had been listed on 14.10.2023 and the Hon'ble state commission dismissed the appeal by vide order dated 16.10.2024 on ground that the appeal was not filed as per provision of the consumer protection Act 1986. Hence the period of 84 days to be condoned to file the appeal.”

Now the question before us is that whether this Commission has any power to deal with the Second Appeal against the same impugned order which was dismissed earlier by this Commission on the application of condonation of delay in filing the appeal?

We deem to refer Section 19 of the Consumer Protection Act, 1986 which reads as under:

“19. Appeals.—Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:

Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficie