AI Overview...
- Section 100 of the Consumer Protection Act, 2019 - Main points and insights:
- Section 100 grants concurrent jurisdiction to consumer forums and other legal remedies, operating in addition to existing laws, including the Indian Railways Act (IND_NCDRC_NATIONAL_FA_269_2024).
- It provides that grievances can be raised under this section without excluding other applicable laws, emphasizing its supplementary nature SANGEETA B AGARWAL W/O. SHRI BANSHIDHAR D AGARWAL vs F.S. HOUSING PRIVATE LIMITED - Consumer National.
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The section does not automatically imply liability or deficiency in service; rather, it allows for jurisdiction where applicable, but the existence of other remedies or settled disputes can limit its applicability SANGEETA B AGARWAL W/O. SHRI BANSHIDHAR D AGARWAL vs F.S. HOUSING PRIVATE LIMITED - Consumer National.
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Application in specific contexts:
- In cases involving Indian Railways, courts have held that Section 100 does not automatically apply if the dispute is settled or if the railway's liability is barred under the Indian Railways Act or Supreme Court rulings (e.g., SLP No.34738-34739/2012) Abhijeet Singh vs Union of India Through General Manager, Western Central Railway, Jabalpur - Consumer State.
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For services like real estate, electricity, or insurance, Section 100 provides an additional remedy, but does not override specific laws or settled disputes, and jurisdiction depends on the facts of each case Sandeep Grover VS Sai Siddhi Developers - Consumer, Chairman-Cum M. D. , Andhra Pradesh Southern Power Distribution Co. Ltd. VS T. Rajeswari - Consumer.
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Analysis and Conclusion:
- Section 100 of the Consumer Protection Act, 2019, enhances the jurisdiction of consumer forums but operates in conjunction with other laws, not in derogation of them.
- Its scope is limited where disputes are already settled or where other statutes explicitly exclude or restrict consumer forum jurisdiction.
- Courts have clarified that the section is meant to provide additional remedies rather than create new liabilities, and its application depends on the nature of the dispute and existing legal provisions SANGEETA B AGARWAL W/O. SHRI BANSHIDHAR D AGARWAL vs F.S. HOUSING PRIVATE LIMITED - Consumer National.
References: - IND_NCDRC_NATIONAL_FA_269_2024 - INDSCDRC00000002324 - 00100075530 - 00900018902 - 01200045634 - 01200041754 - 00100075537 - 01200044260 - 01200044876 - 01200041830
Search Results for "Section 100 0f Consumer Protection Act"
2025 Supreme(Online)(SCDRC) 323 • India - State Consumer Disputes Redressal Commission
Justice Sunita Yadav, PRESIDENT, Dr. Srikant Pandey, MEMBER
... Findings of Court: ... District Commission properly dismissed complaint as there was no proof of deficiency in service or protection ... Respondents-Railways resisted the complaint and in their reply before the District Commission submitted that the Apex Court in Special Leave to Appeal No.34738-34739/2012 order dated 2.7.2013 has settled the principle that under Section-100 of Indian Railways Act ... This appeal by the appellant/complainant (hereinafter referred to as ‘complainant), is directed against the orde....
2022 4 Supreme 482 • India - Supreme Court
UDAY UMESH LALIT, PAMIDIGHANTAM SRI NARASIMHA, S. RAVINDRA BHAT
3{Consumer Protection Act, 2019 – Section 100} – Concurrent remedies – Consumer Protection Act and RERA Act neither exclude nor ... (A) Real Estate (Regulation and Development) Act, 2016 – Section 18 – Consumer Protection Act, 1986 – Section ... (Paras 14.1 and 14.2) (B) Consumer Protection ....
2005 0 Supreme(Cal) 14 • India - Calcutta
S.N.KAPUR, B.K.TAIMNI
a train does not fall within the Consumer Protection Act and is not covered under Section 100 of the Indian Railways Act. ... Protection Act or Section 100 of the Indian Railways Act. ... Protection Act or is covered under Section 100 of the Indian Railways Act. ... Protection Act#....
• India - Consumer
K. RANGA RAO, R. S. RAJESHREE
(A) Consumer Protection Act, 1986 – Section 3 [Consumer Protection Act, 2019 – Section 100] – Consumer complaint ... (Para 11) (B) Consumer Protection Act, 1986 – Section 24-A [Consumer Protection Act, 2019 – Section 69] – Consumer ... – Maintainability – ....
• India - Consumer
DINESH SINGH
Consumer Protection Act, 1986 – Section 3 [Consumer Protection Act, 2019 – Section 100] – Additional remedy ... Protection Fora established under Consumer Protection Act, 1986 (new Act 2019) – Complainant, if it chooses to bring action in a ... civil court, is free to file application under Sections 5 and 14 of Limitation #HL_....
2022 4 Supreme 529 • India - Supreme Court
D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH
Consumer Protection Act, 1986 – Sections 2(g), 2(o) and 3 {Consumer Protection Act, 2019 – Section 100} ... Section 100 of the Act of 2019 corresponds to Section 3 of the Act of 1986. Result : Appeal dismissed. ... The issue is whether Section 7B of the Indian Telegraph Act, 1885 ousts jurisdiction of the #H....
• India - Consumer
K.SURENDRA MOHAN, T.S.P.MOOSATH, RANJIT R., BEENA KUMARI A., RADHAKRISHNAN K.R.
3 of the Consumer Protection Act, 1986 (corresponding section 100 of Consumer Protection Act, 2019), the reliefs available to the ... Consumer Protection Act, 1986 – S.15[Consumer Protection Act, 2019 – S.41] – Services – Insurance – Individual ... complainant’s right to seek legal remedy against the action of the insurers complained against, a....
• India - Consumer
RAM SURAT RAM MAURYA, INDER JIT SINGH
Consumer Protection Act, 1986 – Section 3[Consumer Protection Act, 2019 – Section 100] – Real estate – Re-development ... Conciliation Act, 1996 do not exclude jurisdiction of consumer forum – Housing Society directed to refund entire amount deposited ... Arbitrator, which will be decided on its own merit – Right of complainants is not affected by arbitration proceedings as Arbitration and ... The....
• India - Consumer
PREM NARAIN
Consumer Protection Act, 1986—Section 3 [Consumer Protection Act, 2019—Section 100]—Electricity—Death due ... Held: Moreover, Section 3 of the Consumer Protection Act 1986 provides for an alternate remedy and therefore ... Protection Act, 1986 provides for an alternate remedy—Complainant can file complaint under Con....
2024 Supreme(Online)(NCDRC) 1739 • India - National Consumer Disputes Redressal Commission
A. P. Sahi, PRESIDENT, Inder Jit Singh, MEMBER
Section 100 is quoted hereunder: Section 100 of the 2019 Act, the jurisdiction of the Commission is available as the 2019 Act is not in derogation but is in addition to other laws of the country. Section 100 of the 2019 Act allows such a grievance to be raised, the same does not come to the aid of the complainant/appellant, inasmuch as the original dispute of deficiency in service stood settled and any payment or claim of intere....
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