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SUDESH MAHAJAN VS. BHARTI AXA LIFE INSURANCE CO. LTD. &
ANR.
Page 1 of 8
10.10.2023
Present:
Appellant in person.
None for the Respondent.
IA-1001/2023 in FA/485/2019
An application has been filed by the Applicant/Appellant seeking
restoration of the First appeal no. 485 of 2019 by recalling/ review of
order dated 06.02.2023 which is as follows:
“06.02.2023
Present:
None for the appellant.
Mr.
Kawirangbou
Charenamei,
Proxy
Counsel for Mr. Praveen Mahajan, Counsel
for Respondent (Mob. 7838670345)
FA-485/19
This appeal has been filed on 16.09.2019 by the
appellant assailing the order dated 07.06.2019 passed by the
learned District Forum.
A perusal of the record shows that none appeared on behalf
of the Appellant when the matter was listed on 21.04.2022.
Today also none has appeared on behalf of the Appellant.
The matter was passed over once even on the second call
none has appeared. It seems that the Appellant is not
interested in pursuing the matter.
Matter is dismissed for non-prosecution.
File be consigned to record room.”
The Applicant submitted that the present Appeal was dismissed
for the want of prosecution as he failed to appear before this
Commission on 21.04.2022 and 06.02.2023. The ground mentioned in
aforesaid application is that the Appellant become a little late on
21.04.2022 when the matter has been taken up by this Commission
and thereafter wrongly noted the next of hearing as 07.02.2023
SUDESH MAHAJAN VS. BHARTI AXA LIFE INSURANCE CO. LTD. &
ANR.
Page 2 of 8
instead of 06.02.2023 and when he inquired his case on 07.02.2023,
he was surprised to found that his case was already been dismissed
for non-prosecution vide order dated 06.02.2023. Pressing the
aforesaid reasons, the Appellant prayed for the restoration of the
present Appeal by recalling or review the order dated 06.02.2023.
The
bare
perusal
of
the
application
filed
by
the
Applicant/Appellant reflects that it is filed seeking the review of order
dated 06.02.2023 passed by this Commission. We find that the entire
proceedings in the present Appeal took place according to the
Consumer Protection Act, 1986. Hence, before delving into the merits
of the present application, it is imperative to ascertain whether the
present application filed on 03.05.2023 for review of the order dated
06.02.2023 is maintainable under the old act?
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.
SUDESH MAHAJAN VS. BHARTI AXA LIFE INSURANCE CO. LTD. &
ANR.
Page 3 of 8
(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.”
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
