Remedies under Consumer Protection Act are in addition of other provisions for addressing grievances

NCDRC in the matter titled as Western Railway Vs Vinod Sharma First appeal no. 451/2015 decided on 18th January, 2017 has held notwithstanding provisions of Railways Act, 1989 and availability of Railways Claims Tribunal Act 1987, consumer Courts will have the power to adjudicate upon the consumer issues with regard to Railway passengers. It was observed that Consumer Protection Act is a special legislation, enacted to provide better protection for the interest of the consumers in diverse areas. Consumer Protection Act is a beneficial legislation, specially enacted for protection of consumers and provides an additional remedy in the shape of Section 3 of the Consumer Protection Act, which clearly lays down that the provisions of the Act shall be in addition to, and not in derogation of provisions of any other law for the time being in force. A harmonious constriction of provisions contained in the Consumer Protection Act and Railways Act etc. shall indicate that jurisdiction of the consumer fora cannot be barred, even if the provisions to provide compensations are laid down in the Railway legislation.