STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MANU GUPTA – Appellant
Versus
TATA MOTORS LIMITED – Respondent
SC/7/FA/97/2026
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution:16.01.2026 (Online)
10.02.2026 (Physically)
Date of hearing : 24.02.2026 Date of Decision : 26.02.2026 FIRST APPEAL NO. 97/2026 IN THE MATTER OF MR. MANU GUPTA S/O MR. CHANDRESH KUMAR GUPTA R/O 39, KRISHAN KUNJ COLONY LAXMI NAGAR, DELHI-110092 (Through Ms. Saumya Parmarthi Mr. Manish Pratap Singh & Mr. Ajay Singh, Advocates) …APPLICANT/APPELLANT VERSUS
1. TATA MOTORS LTD.
HEAD OFFICE:
4th FLOOR, AHURA CENTRE
82, MAHAKALI CAVES ROAD, MIDC ANDHERI EAST, MUMBAI MAHARASHTRA-400093 ALSO AT REGIONAL OFFICE:
UNIT 305/306, 3rd FLOOR, TOWER B SIGNATURE TOWER, SOUTH CITY-I, NH-8 NEAR CROWNE PLAZA, GURUGRAM HARYANA-122001
2. CONCORDE MOTORS
88, F.I.E., PATPARGANJ INDUSTRIAL AREA DELHI-110092 ....NON-APPLICANTS/RESPONDENTS CORAM:
HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)
Present: Ms. Saumya Parmarthi and Mr. Manish Pratap Singh, counsel for the appellant (Mob.9811152751).
PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)
1. The present appeal has been filed on 16.01.2026 (online) and
10.02.2026 (physically) challenging the impugned order dated 01.09.2025 passed in Complaint Case No.257/2018 by the District Consumer Disputes Redressal Commission-IX (East District), Convenient Shopping Centre, Saini Enclave, Delhi-110092.
2. This order will dispose off an application bearing IA No.343/2026 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 worthy note that the appellant has mentioned in subject clause of the appeal and in IA No.343/2026 that the appeal has been filed against the order dated 22.08.2025 passed by the District Commission announced on 01.09.2025. On the other hand, a perusal of the certified copy of the impugned order shows that it was passed and was announced on 01.09.2025.
5. The application has been moved under Section 43(2) of the 2019 Act.
However, it is being considered under Section 15 of the Consumer Protection Act, 1986 as it is arising out of Complaint Case No.257/2018. Since, before delving into the merits of the present application, it is imperative to ascertain whether the present application bearing IA No. 343/2026 filed along with the appeal on 16.01.2026 (online) and 10.02.2026 (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. 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 suffer
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