ORDER

Second appeal no. 01 of 2021

Second appeal no. 02 of 2021

For the Appellant                             : Mr. Shyam Divan, Sr. Advocate with

                                                              Mr. U. Banerjee, Advocate

  Mr. Vinay Kumar Shailendra, Advocate

                                                              Ms. Worthing Kasar, Advocate

                                                              Ms. Raunika Johar, Advocate

Second appeal no. 03 of 2021

Second appeal no. 07 of 2021

Second appeal no. 08 of 2021

Second appeal no. 10 of 2021

Second appeal no. 11 of 2021

For the Appellant                       : Mr. Shyam Divan, Sr. Advocate with

                                                  Mr. U. Banerjee, Advocate

  Mr. K. R. Sasiprabhu, Advocate

                                                  Mr. Vishnu Sharma, Advocate

                                                  Mr. Tushar Bharadwaj, Advocate

                                                  Mr. Raghav Shanker, Advocate

Dated: 31.01.2022

ORDER

Taken up through video conferencing.

Second appeals no. 01 of 2021; no. 02 of 2021; no. 03 of 2021; no. 07 of 2021; no. 08 of 2021; no. 10 of 2021; and no. 11 of 2021:

1.       Similar facts and same questions of law are involved in these seven second appeals. As such they are being disposed of vide this common order, with second appeal no. 03 of 2021 being taken as the lead case.

Second appeal no. 3 of  2021 (lead case):

2.       This second appeal has been filed under Section 51(2) of The Consumer Protection Act, 2019 apropos the Order dated 30.09.2021 of the State Commission in first appeal no. 59 of 2020 arising out of the Order dated 03.02.2020 of the District Commission in complaint no. 638 of 2019.

3.       The matter was listed for hearing on admission before a co-ordinate bench (bench no. 1) of this Commission on 06.01.2022. The co-ordinate bench recorded that the matter be listed before another bench. Hon’ble President of the Commission directed on the administrative side that the matter be listed before this bench (bench no. 4).

4.       The matter was listed before this bench on 10.01.2022. Learned senior counsel for the appellant requested for an adjournment. The matter was then taken up on 12.01.2022. In para 10 of the memorandum of second appeal twenty six (I. to XXVI.) “substantial questions of law” had been formulated. Learned senior counsel for the appellant submitted that the appellant wished to file an application stating precisely the substantial question(s) of law involved in the second appeal and requested for a period of three days for the purpose. Learned senior counsel also wished to place on record certain judgments of Hon’ble Supreme Court and submitted that the same will also be done within the same period of three days by way of an application. Today i.e. on 31.01.2022 arguments on admission were concluded by learned senior counsel for the appellant.

5.       An application, being I.A. no. 13 of 2022 has been filed by the appellant. In para 3 thereof four (a. to d.) “new” “substantial question of law” have been formulated. An amended memorandum of second appeal has been annexed with the application. The said four substantial questions of law have been incorporated in para 10 thereof. Learned senior counsel requests that these four substantial questions of law and the amended memorandum of second appeal may be taken on record. The request is allowed.

6.       We have perused both, the twenty six (I. to XXVI) “substantial questions of law” stated in the earlier memorandum of second appeal and the four (a. to d.) “substantial questions of law” stated in the amended memorandum of second appeal.

We have also perused the entire material on record, including specifically the Order dated 03.02.2020 of the District Commission and the impugned Order dated 30.09.2021 of the State Commission.

7.       In the instant case the complaint was allowed by the District Commission on contest. For