The proposed amendments, by enlarging the protection of intermediaries, have extended the protection to even mobile operators for various contraventions and offences prescribed under the Act. The same is, however, not in derogation of the existing provisions of the Consumer Protection Act, 1986 (CPA) despite their being overriding provisions in the proposed amendments. This is so because the non obstante clause[1]can be harmoniously construed with the provisions of the existing or the proposed Act. Thus, the provisions of the CPA are still applicable. If any mobile operator commits any civil or criminal wrong, it can be held liable under both the IT Act and any other law for the time being in force. This is so even if the concerned wrong has been compounded under the IT Act.

The real problem is, however, lack of awareness and non-taking of an appropriate action. The problem is that the netizens are not very “litigation happy” and most of the genuine complaints are not brought to the notice of the concerned authorities. It must be noted that there is nothing that restricts invoking of the jurisdiction of various “forums” and the “courts” at the same time. Thus actions under CPA, C.P.C, I.P.C and IT Act can be taken “simultaneously”. The only requirement is to prove the case properly. It is suggested that a forum like  http://www.naavi.org/ is a good platform for dealing with wrongs associated with “technology and its parallels”. The netizens can use this platform for making these unreasonable behaviours public.

Further, in the larger “Public Interest” the learned members of legal fraternity associated with this esteemed site can help in bringing the culprits before the Courts and various forums. This is a fight for a social cause and I appeal all the netizens to associate together in the larger interest of justice and public interest.

Praveen Dalal
Consultant and Advocate
Delhi High Court
Tele: 9899169611.
Mail:  pd37@rediffmail.com


[1] A clause providing for an overriding effect of the provisions of an enactment over another enactment. This is generally found in an enactment that is latter in point of time than existing one.