Home  /  Consumer Protection Act  /  Section 3

Section 3: Central Consumer Protection Council

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019
Section 2 All 107 Sections of Consumer Protection Act Section 4

Legal Commentary & Landmark Judgments: Section 3

Section 3 codifies the fundamental principle of non-derogation, mandating that the provisions of the Consumer Protection Act, 2019 shall be in addition to and not in derogation of the provisions of any other law for the time being in force. It secures the statutory consumer redressal mechanism as an autonomous, parallel, and cumulative remedy, ensuring that consumers are not stripped of their right to seek summary redressal before consumer commissions merely because concurrent statutory remedies or private contractual dispute mechanisms exist.

  • Cumulative and Supplemental Statutory Character: Establishes that remedies under the Act run parallel to and do not supplant remedies available under the general civil law, tort law, or sector-specific enactments. The consumer possesses an unfettered legal option to elect the forum under this Act without being barred by the doctrine of election.
  • Non-Derogation and Invalidation of Arbitration Ouster: Section 3 ensures that private arbitration clauses contained in commercial, consumer, or adhesion contracts cannot oust the statutory jurisdiction of consumer commissions. It operates as a statutory exception to the mandatory reference mechanism under Section 8 of the Arbitration and Conciliation Act, 1996.
  • Harmonious Co-Existence with Sectoral Regimes (RERA, IBC, TRAI): Affirms that remedies under sector-specific statutes—such as the Real Estate (Regulation and Development) Act, 2016 (RERA), the Electricity Act, 2003, or the Telegraph Act, 1885—do not extinguish or dilute consumer remedies, preserving independent jurisdiction to award compensation, restitution, and interest.
Key Landmark Precedents:
  • Imperia Structures Ltd. v. Anil Patni (2020) 10 SCC 783: The Supreme Court held that the remedy under Section 3 (read with Section 100 of the 2019 Act / Section 3 of the 1986 Act) is an additional and cumulative remedy available to allottees, and the enactment of RERA does not bar home buyers from initiating or maintaining consumer complaints before consumer commissions.
  • Emaar MGF Land Ltd. v. Aftab Singh (2019) 12 SCC 751: A 3-Judge Bench held that consumer disputes are non-arbitrable by necessary legislative implication; the existence of an arbitration agreement cannot compel reference under Section 8 of the Arbitration and Conciliation Act, 1996, preserving the special beneficial remedy under consumer law.
  • Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor (2022 SCC OnLine SC 438): The Supreme Court reiterated that consumer commissions possess independent statutory jurisdiction to grant restitutionary remedies such as full refunds with interest, and the parallel existence of RERA does not restrict or whittle down the consumer commission's powers.
  • Secretary, Thirumurugan Co-operative Agricultural Credit Society v. M. Lalitha (2004) 1 SCC 305: The Supreme Court ruled that statutory bars on civil court jurisdiction contained in cooperative societies legislation do not extinguish the jurisdiction of consumer forums, which provide an additional, cumulative forum under Section 3.
Courtroom Practice & Strategic Litigation Guidance:

When the opposite party files an application under Section 8 of the Arbitration and Conciliation Act, 1996, immediately counter by invoking Section 3 read with the binding ratio of Emaar MGF Land Ltd. Plead expressly that consumer disputes are non-arbitrable and that Section 3 preserves the consumer's right to an inexpensive, summary statutory remedy. If an objection is raised regarding concurrent RERA proceedings, cite Imperia Structures to establish that the consumer remedy is parallel and cumulative, and the consumer retains the right to elect the consumer forum.

Section 2 All 107 Sections of Consumer Protection Act Section 4