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CAVEAT EMPTOR
It's your duty to make the law work
BHARATH JAIRAJ
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The Consumer Protection Act and the remedies it provides can be used by consumers in addition to other remedies that may exist under any other law
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In an unfortunate series of events, unauthorised persons entered a train compartment and attacked a group of passengers some years ago. These unauthorised persons also molested the women passengers and decamped with their bags and luggage. One of the passengers Shobhadevi Rudrakesh (name changed), who was travelling with jewellery from a wedding she had attended, lost the entire lot — necklaces, bangles and several precious gems. Alleging "deficiency of service" against the Railways, she filed a consumer complaint with the concerned State Commission seeking compensation. [For claims of more than Rs.20 lakhs, the complaint must be filed directly before the State Commission.]
The State Commission went into the details of the complaint and found the case in her favour. The Railway Administration was consequently directed to pay her compensation. Unhappy with this order, the Railways filed an appeal before the National Commission.
Jurisdiction challenged
Here, the Railway Administration advanced an argument challenging the jurisdiction of the Consumer Dispute Redressal Fora in taking up complaints of this nature. They contended that the right Forum was the Railway Claims Tribunal.
They also argued that the entry of unauthorised persons into the compartment and loss of baggage and damage caused by such persons had nothing to do with the liability of the Railway Administration. Eventually, the National Commission accepted this argument that there was no `deficiency' in their service.
This case subsequently went before the Supreme Court of India, where arguments were advanced for both parties. The Supreme Court went through all the relevant facts of the complaint and disagreed with the decision of the National Commission. Specifically on the issue of jurisdiction, the Supreme Court observed, "even otherwise, under Section 3 of the Consumer Protection Act, the complaint could be entertained by the State Commission". The Court went on to overturn the National Commission order and resurrect the State Commission's order for compensation.
The important issue here is Section 3 of the Consumer Protection Act, which reads "The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force." Cutting through the legalese, this means that the Consumer Protection Act and the remedies it provides can be used by consumers in addition to any other remedies that may exist under any other law. Therefore, in the instant case, Mrs. Rudrakesh could file for compensation under the Consumer Protection Act irrespective of her rights to claim such compensation under the Railway Claims Tribunal Act.
Section 3 is considered by many scholars of consumer law as being the strongest and most potent section of the Consumer Protection Act. Further, since Consumer Dispute Redressal Fora are established in every single district in this country under this law, Section 3 allows millions of consumers to access justice at their own districts — a feat unparalleled by any similar law. It is important to acknowledge that effort was made by a section of sellers and service providers to water down Section 3 a few years ago, but the Indian Parliament did not allow this to happen.
Consumers around the country must recognise that the Consumer Protection Act is not just a step in the right direction, but a remarkably large step.
But a law can remain just a piece of paper, if citizens do not make it work. And therefore it is imperative that all of us assert our rights, and use the extraordinary provisions of this law.
The writer works with CAG, which offers a free `Consumer Advice Clinic' to assist citizens in finding answers to queries or complaints they may have. Contact 24460387 / 24914358 or cag.helpdesk@gmail.com
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