Essential Extracts. Consumer Protection Rules

  • 2. Definitions. – In these rules, unless the context otherwise requires –

    • (a) “Act” means the Consumer Protection Act, 1986 (68 of 1986);
    • (b) “agent” means a person duly authorised by a party to present any complaint, appeal or reply on its behalf before the National Commission;
    • (c) “appellant” means a party which makes an appeal against the order of the State Commission;
    • (d) “Chairman” means a Chairman of the Central Consumer Protection Council established under sub-section (1) of the section 4 of the Act;
    • (e) “memorandum” means any memorandum of appeal filed by the appellant;
    • (f) “opposite party” means a person who answers complaint or claim;
    • (g) “President” means the President of the National Commission;
    • (h) “respondent” means the person who answers any memorandum of appeal;
    • (i) “section” means section of the Act;
    • (j) “State” includes Union Territories also;
    • (k) words and expressions used in the rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
  • [9-A. Fee for making complaints before District Forum. –

    • [(1) Every complaint filed under sub-section (1) of section 12, sub-section (1) of section 17 and clause (a) in sub-clause (i) of section 21 of the Act shall be accompanied by a fee as specified in the table given below in the form of crossed Demand Draft drawn on a nationalized bank or through a crossed Indian Postal Order in favour of the President of the District Forum, Registrar of the State Commission or the Registrar of the National Commission, as the case may be, and payable at the respective place where the District Forum, State Commission or the National Commission is situated.
    • (2) The concerned authority referred to in sub-rule (1) shall credit the amount of fee received by it into the Consumer Welfare Fund of the respective State and where such Fund is not established into the Receipt Account of the State Government and in the case of the National Commission, to the Consumer Welfare Fund of the Central Government.
    • TABLE
    • Serial Number Total value of goods or services and the compensation claimed Amount of fee payable
      (1) (2) (3)
      District Forum
      1. Upto one lakh rupees – For complainants Who are under the Below Poverty Line holding Antyodaya Anna Yojana card Nil
      2. Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders. Rs. 100
      3. Above one lakh and upto five lakh rupees Rs. 200
      4. Above five lakh and upto ten rupees Rs. 400
      5. Above ten lakh and upto twenty lakh rupees Rs. 500
      State Commission
      6. Above twenty lakh and upto fifty lakh rupess Rs. 2,000
      7. Above fifty lakh and upto one crore rupess Rs. 4,000
      National Commission
      8. Above one crore rupess Rs. 5,000
    • (3) The complainant who are under the Below Poverty Line shall be entitled for the exemption of payment of fee only on production of an attested copy of the Antyodaya Anna Yojana cards.]
  • 10. Additional powers of the National Commission, State Commission and District Forum. –

    • (1) The National Commission, the State Commission and the District Forum shall have power to require any person, –

      • (a) to produce before, and allow to be examined and kept by an officer of the National Commission, the State Commission or the District Forum, as the case may be, specified in this behalf, such books, accounts, documents or commodities in the custody or under the control of the person so required as may be specified or described in the requisition, if the examination of such books, accounts, documents or commodities are required for the purpose of this Act;
      • (b) to furnish to an officer so specified, such information as may be required for the purpose of this Act.
    • (2) (a) Where during any proceedings under this Act, the National Commission, the State Commission Forum, as the case may be, has any ground to believe that any book, paper, commodity or document which may be required to be produced in such proceedings, are being or may be produced in such proceedings, are being or may be, destroyed, mutilated, altered, falsified or secreted, it may, by written order, authorise any officer to exercise the power of entry and search of any premises. Such authorised officer may also seize such books, papers, documents or commodities as are required for the purpose of this Act:

      • Provided that such seizure shall be communicated to the National Commission, the State Commission or the District Forum, as the case may be, as soon as it is made or within a period not exceeding 72 hours of making such seizure after specifying the reasons in writing for making such seizure.
    • (b) The National Commission, the State Commission or the District Forum, as the case may be, on examination of such seized documents or commodities, as the case may be, may order the retention thereof or may return it to the party concerned.
  • 14. Procedure to be followed by the National Commission. –

    • (1) A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the National Commission or be sent by registered post, addressed to the National Commission: –

      • (a) the name, description and the address of the complainant;
      • (b) the name, description and address of the opposite party or parties, as the case may be, so far as they can be ascertained;
      • (c) the facts relating to the complaint and when and where it arose;
      • (d) documents in support of the allegations contained in the complaint;
      • (e) the relief which the complainant claims.
    • [(1-A) Every complaint under sub-rule (1) shall be filed in quadruplicate or with such number of copies as may be required by the National Commission.]
    • [(2) The National Commission shall, in disposal of any complaint before it, as far as possible, follow the procedure and conditions including the provisions governing adjournments as laid down in sections 12 and 13 in relation to the complaints received by the District Forum, with such modification as may be considered necessary by the Commission.]
    • (3) On the date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties or their agents to appear before the National Commission. Where the complainant or his agent fails to appear before the National Commission on such days, the National Commission may in its discretion either dismiss the complaint for default or decide it on merits. Where the opposite party or its agent fails to appear on the date of hearing the National Commission may decide the complaint ex parte.
    • (4) The National Commission may, on such terms as it deems fit and at any stage of the proceedings, adjourn the hearing of the complaint but the complaint shall be decided as far as possible within a period of three months from the date of notice received by opposite party where complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities.
    • [(4-A) In the event of a complaint being disposed of after the period specified in sub-rule (4), the National Commission shall record in writing, the reasons for the delay in such disposal]
    • (5) If after the proceedings conducted under sub-rule (3), the National Commission is satisfied with the allegations contained in the complaint, it shall issue orders to the opposite party or parties, as the case may be, directing him or them to take one or more of the things as mentioned in sub-section (1) of section 14. The National Commission shall also have the power to direct that any order passed by it, where no appeal has been preferred under section 23 or where the order of the National Commission has been affirmed by the Supreme Court under that section, be published in the Official Gazette or through any other media and no legal proceedings shall lie against the National Commission or any media for such publication.
  • [14-A. Appeals before National Commission. – Every appeal filed in terms of section 19 shall be accompanied by such amount as specified in the second proviso to the said section and such amount may be remitted in the form of a crossed Demand Draft drawn on a nationalized bank in favour of the Registrar, National Commission, payable at Delhi. The National Commission dealing with the appeals filed before them shall follow the provisions of sections 19 and 19-A as may be required to hear the appeals filed before the Commission.

    • Explanation. – In this rule, “nationalized bank” means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition & and Transfer of Undertakings) Act, 1980 (40 of 1980).]
  • 15. Procedure for hearing the appeal. –

    • (1) Memorandum shall be presented by the appellant or his agent to the National Commission in person or be sent by registered post addressed to the Commission.
    • (2) Every memorandum filed under sub-rule (1) shall be in legible handwriting typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.
    • (3) Each memorandum shall be [accompanied by a crossed demand draft as referred to in rule 14-A and by a certified copy] of the order of the State Commission appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum.
    • (4) When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the National Commission that he has sufficient cause for not preferring the appeal within the period of limitation.
    • (5) The appellant shall submit [four copies or such number of copies] of the memorandum to the Commission for official purpose.
    • (6) On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the National Commission. If appellant or his agent fails to appear on such date, the National Commission may in its discretion either dismiss the appeal or decide ex parte on merits. If the respondent or his agent fails to appear on such date, the National Commission shall proceed ex parte and shall decide the appeal on merits of the case.
    • (7) The appellant shall not, except by leave of the National Commission, urge or be heard in support of any ground of objection not set forth in the memorandum but the National Commission, in deciding the appeal, may not confine to the grounds of objection set forth in the memorandum:
      • Provided that the Commission shall not rest its decision on any other ground other than those specified in the memorandum unless the party who may be affected thereby, has been given, an opportunity of being heard by the National Commission.
    • [(8) No adjournment shall ordinarily be granted by the National Commission, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission. The National Commission may also adjourn the hearing of the appeal suo motu, on such terms as it may think fit and at any stage of the proceedings for reasons to be recorded in writing. The appeal shall be decided, as far as possible, within ninety days from the date of its admission. In the event of an appeal being disposed of after the period so specified, the National Commission shall record in writing the reasons of the same at the time of disposal of the said appeal.]
    • [(9) The order of the National Commission shall be communicated to the parties concerned free of cost].
  • [16. Manner of deposit of amount in appeals before Supreme Court. – Every appeal filed before the Supreme Court in terms of section 23 shall be accompanied by an amount as provided in the second proviso to that section and such amount may be remitted in the form of a crossed Demand Draft drawn on a nationalized bank in favour of Registrar, Supreme Court, payable at Delhi.

    • Explanation. – In this rule, “nationalized bank” means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980).]