India has been observing 15 March since 1989 as the National Consumers’ Day. This day has a historic importance as it was on this day in 1962, when the Bill for Consumer Rights was moved in the US Congress. During his speech President John F. Kennedy had remarked:
“If a consumer is offered inferior products, if prices are exorbitant, if drugs are unsafe or worthless, if the consumer is unable to choose on an informed basis, then his dollar is wasted, his health and safety may be threatened, and national interest suffers.”
John F. Kennedy had equated the rights of the ordinary American consumer with national interest. He gave the American consumer four basic rights:
The Right to Safety - to be protected against the marketing of goods which are hazardous to health or life.
The Right to Choose - to be assured, wherever possible, access to a variety of products and services at competitive prices: and in those industries where competition is not workable and Government regulation is substituted, an assurance of satisfactory quality and service at fair prices.
The Right to Information - to be protected against fraudulent, deceitful or grossly misleading information, advertising, labeling, or other practices, and to be given the facts s/he needs to make an informed choice.
The Right to be Heard - to be assured that consumer interests will receive full and sympathetic consideration in the formulation of Government policy, and fair and expeditious treatment in its administrative tribunals. Kennedy recognised that consumers are the largest economic group in the country’s economy, affecting and affected by almost every public and private economic decision. But they were also the only important group who were not effectively organised, whose views were not heard.
Therefore, the Federal Government, by nature the highest spokesman for all people, had a special obligation to the consumer’s needs. Thirteen years later President Gerald Ford felt that the four rights constituted in Kennedy’s Bill of Rights were inadequate for a situation where most consumers are not educated enough to make the right choices. So he added the Right to Consumer Education, as an informed consumer cannot be exploited easily.
While these rights served the interest of the American consumer well enough, they did not cover the whole gamut, because a global consumer did need, apart from them, other well-defined rights like basic needs, a healthy environment and redress.
The Consumers International (CI), former International Organisation of Consumer Unions (IOCU), the umbrella body, for 240 organisations in over 100 countries, expanded the charter of consumers rights contained in the US Bill to eight, which in a logical order reads:
1. Basic Needs 2. Safety 3. Information 4. Choice 5. Representation 6. Redress 7. Consumer Education and 8. Healthy Environment. This charter had a universal significance as they symbolised the aspirations of the poor and disadvantaged. On this basis, the United Nations, in April 1985, adopted its Guidelines for Consumer Protection.
BIRTH OF CONSUMERS’ DAY
Considering the importance of Kennedy’s speech to the US Congress on this day, and the resultant law, the CI took a decision in 1982 to observe 15 March as the World Consumer Rights Day from 1983. Peculiar though it may sound, 15 March is not observed as a special day in the world’s largest and most pulsating consumer society - the US. But at home in India the Government, adopted 15 March as the National Consumer’s Day.
India is a country, which never fell behind in introducing progressive legislation - we were among the first in the world to introduce universal adult franchise for women.
Gandhi had rightly said:
“A customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption in our work - he is the purpose of it. We are not doing him a favour by serving him. He is doing us a favour by giving us the opportunity to serve him.”
BIRTH OF ‘COPRA’
The right to redress lead to the passing of the Consumer Protection Act (COPRA) in 1986 in India which has been defined as the Magna Carta of consumers but, it recognises only six of these eight rights:
1. Safety; 2. Information; 3. Choice; 4. Representation; 5. Redress and 6. Consumer Education.Besides this statutory recognition, COPRA has succeeded in bringing about revolutionary judicial reforms by providing juristic quasi-judicial courts solely for redressal of consumer grievances (where a price has been paid), for adjudication within a limited time frame of 90 to 150 days.
The rights of basic needs and healthy environment could not be provided in COPRA as these symbolised the aspiration of the poor and the disadvantaged, and were not the subject matter of priced commodities and services available in the market place. However, these are the backbone of peoples’ movements in both the developing and the developed worlds.
Yet, inspite of pulsating movements, the rights of consumers could and were trampled on and often. There existed a vacuum in the definition of rights. It was often seen that boycotts would be spontaneous or organised in an adversarial situation, examples of, which are numerous. On an occasion in Calcutta a boycott of fish was successfully organised and the marketing cartel had to bow down, by cutting the inflated prices, rather than store rotting fish.
RIGHT TO BOYCOTT
Taking a leaf out of India’s freedom movement, when Mahatma Gandhi had successfully organised various boycotts of foreign cloth, salt etc. we at CUTS, declared and adopted the 9th Consumer Right on India’s Independence Day - 15 August 1990: “The right to resist and boycott any person, goods or services in the event of conflict with consumer’s interest”.
This right was the ultimate one, to be used when all methods fail. And many a times they do: the seller does not heed, the administration does not listen, and the judiciary fails. This right inherently signifies consumer unity as an individual consumer can be helpless or even apathetic, and it is a collective action that succeeds.
While the right to boycott epitomises the enability of consumer rights, the right to basic needs remained abstract. It only defined a consumer’s necessities required to survive and live a dignified life but it did not demand the means to obtain them - the right to work.
However, the right to work is also vague, as this colloquially meant easy jobs, and did not feature in the existing charter of Consumer’s Rights. In the interlude, a new Union Government in India raised a debate to recognise the right to work, as a fundamental right on the one hand, and advocating self employment schemes for everyone, including the poor, on the other.
Observing the societal disarray created by government job and dole schemes, whether permanent or temporary, and how they maim the spirit of enterprise which prevails in the mass humanity of India, ‘CUTS’ was inspired to declare and adopt the 10th (enabling) Consumer Right on 26 January 1991: “The right to opportunities to acquire basic needs which will enable one to work and to earn a living, without exploitation.”
This inherently demands execution of the state’s singular responsibility to provide productive infrastructure, work ethos, job opportunities, social justice and economic equity. Both these rights were adopted at the Third National Convention of Consumer Activists at Calcutta during 1-3 November 1991, calling and urging the now (CI) IOCU to recognise and take suitable steps in expansion of the Consumer Rights internationally.
INDIA’S GLOBAL REPUTATION
Laws, rules, regulations and orders (for which India has unparalleled distinction in the Guinness book of records) alone do not protect consumers, but it is the rights’ movement of people which produce results in a democracy.
One of the greatest achievements of the Indian consumer movement is the enactment of the dynamic consumer law: COPRA. Coming 39 years after Independence, it has acknowledged the rampant consumer abuses, including those of the government owned public utilities like telephones, transport, power etc. These utilities, in the first place, were created as state monopolies ostensibly to protect consumers!
Critics of COPRA rightly conclude that it can’t do anything about rising prices, but it has succeeded in bringing about fairplay in the supply of goods and services available in the market place, giving substance to the adage: Customer is King. Also, COPRA has encouraged active consumer bodies to demand, and perhaps see in the near future, independent Public Utility Regulatory Commissions to debate costing, pricing and promote competition.
This confidence emanates from the empowerment of voluntary organisations in COPRA and other consumer laws. While right to information is enshrined in COPRA, addition of the enlarged Right to Know in the fundamental rights chapter of the Indian Constitution would only result in meaningful empowerment - no more tight rope walking, but total glasnost.
In fact the Central Consumer Protection Council has recommended to the Government to enact a Freedom of Information Act on the pattern of a similar law in the US. Another major achievement of the Indian consumer movement in the context of the world scenario, was to get the government in 1989, to adopt 15 March, the World Consumer Rights Day, as the National Consumers’ Day. Unlike the Labour Day on 1 May, which has roots in the US, the Consumer Rights Day, which also has roots in the US, is not even observed there.
Today India is the only country in the world, which has exclusive courts for consumer redressal. At the IOCU’s 13th World Congress held in Hong Kong during 7-13 July 1991 it came in for praise and developed countries were called upon to emulate. In the same year, these developments inspired Jim Sugarman, a noted US consumer activist and a close associate of Ralph Nader, to candidly observe: “India is getting a global reputation for the rapid development of its consumer movement.”
BUREAUCRAT’S REVENGE
COPRA, which was amended by an ordinance in June 1993, is a mixture of sad and happy tidings. And tragic because of one surprise which our bureaucrats sprung onto the bill, a matter which was not even discussed in the high power working group of the Central Consumer Protection Council.
The law then proposed a limitation of one year to file complaints, where none existed. An utter nonsense, which goes beyond the principles of our well established Limitations Act of 1963, wherein courts cannot be approached after the expiry of three years of the last cause of action.
Since there was no limitation period prescribed under COPRA, in one matter, the apex consumer court, the National Commission had pronounced that the principles of the Limitations Act do not apply but can be relied upon, though not religiously.
This proposal would not only have put consumers at a terrible disadvantage but also annoy them badly. Most warranties and guarantees on goods expire in one year, and manufacturers often drag on many consumers during this period by attending to complaints, instead of setting it right or replacing or refunding the price of the defective goods. They will thus be deprived of the easy redressal avenue by this one-year ‘deadline’.
Consumers will be angry because the rule on the time limit of 90/150 days provided in COPRA for disposal of cases are practiced more in the breach, and cases drag on for years. Under this situation, expecting consumers to meet a deadline will be very irritating. Granted that delayed complaints can be entertained, but that would mean a set of lengthy arguments on just the admissibility of the case.
Fourthly, the law also enables consumers to file class action complaints, which incidentally always existed, but there can be no basis to determine the deadline in such matters. For instance, if the Motor Vehicles Act, 1988 provides for certain mandatory safety features which have been ignored by manufacturers; after research, we decide to file a complaint what would be the limitation period?
Due to these arguments and lobbing the time limit was revised to two years, when the ordinance was put on the table of the parliament.
BELYING EXPECTATIONS
The law belied the consumer affairs Minister, A K Antony’s note in the statement of objects and reasons, wherein he says the working of the redressal agencies has helped to arouse the expectations of the people on several other grounds as well.
Housing by way of plots or flats or houses has been covered under the definition of ‘services’ under COPRA. Rather than adopt the words: ‘real estate’, as defined under the MRTP Act, 1969 from which the whole definition clause of services was borrowed in the first instance, a new jargon: ‘housing construction’ is added. This would mean that the consumer courts will only entertain complaints relating to: flats, land, houses purchased or to be purchased.
In a beacon case involving a plot: Garima Shukla vs. UP Avas evam Vikas Nigam, the National Commission had held that the dispute is covered as a deficiency in the service of housing. The Supreme Court upheld the orders of the National Commission.
Among several other recommendations of the Central Council, another major one has also been diluted. In view of several protests by consumers, the council had agreed to recommend incorporation of an open, democratic and a transparent process of selection of the non-official members of consumer courts.
The recommendation was that a selection committee headed by the minister and consisting of the secretary in charge of the department, a nominee of the chief justice of the state high court and two consumer activists (one a woman) would be the right form. The bill now proposes a committee headed by the President of the state commission and the consumer affairs secretary and the state law secretary.
It is thus heavily loaded against transparency. I have seen many a president of the State Commission sitting in the chamber of the secretary, especially when s/he is a retired high court judge. By and large the secretary has to follow the minister’s orders, therefore the transparency sought in the selection process will be doubtful. Presence of two activists would have perhaps changed the odds.
However the president of the State Commission can only be appointed after consultation with the Chief Justice of the concerned high court, but those who know, consultation does not mean consent or concurrence. On several occasions, in spite of opposition, people have been appointed, after the so-called consultation.
THE BROOM STICK
The Council had made several other vital recommendations after long deliberations and critical debates, but they have been given the broomstick. These were:
Consumer rights were to be put in a separate chapter so that violations of the same could be an additional ground, if not the basis of a complaint. These will now continue as decorations in COPRA, for the central council to ‘talk, about - only once in a year, as against twice as recommended’.
Services rendered by public health care system and civic bodies were to be covered, as they are not charities but are run from the taxpayer money. So that consumer could get value for money and these white elephants are brought to heel. The union health ministry prevailed.
Lawyers were to be debarred except when the complainant had engaged one, or with his consent or if the consumer court directed the parties to engage lawyers, when questions of law were involved. This was recommended because lawyers often delay the settlement of cases by court craft etc. Apparently the belligerent lawyers lobby proved stronger.
Writ jurisdiction of high courts has to be excluded by bringing COPRA under Article 323B of the constitution as their interference, particularly the Calcutta High Court, delays the proceedings especially when an hierarchy of appeals is provided under COPRA where the Supreme Court is the ultimate arbiter.
Empowering Consumer Courts by giving them the authority to order cease and desist, or interim injunction or take suo motu action (of its own accord and on its own information) like the MRTP Commission, so as to meet the ends of justice have not been incorporated. For, bureaucrats felt that it would give unbridled power to over 450 district fora and 30 state commissions and that would have created havoc. Some readers might remember the case of ITC LTD’s Wills brand being injuncted by a Gangtok district judge, which cost ITC a large sum of money to get it vacated from the Supreme Court under its extraordinary jurisdiction. This type of case is a freak but without such power our consumer courts will be hamstrung in protecting the consumers interest, as it were.
Section 1(4) of COPRA says this Act will apply to all goods and services, therefore under the definition of services, where illustrations are given, it was understood that it was an all inclusive definition and exclusions had to be specified.
To correct the anomaly, especially in view of the hectic lobbying by the medical fraternity and other professional groups, it was proposed to put a semi-colon, and add, “not limited to” before the illustrations. But this has also not been inserted in the amendment bill.
RECALLING UNSAFE GOODS
So much so for the bureaucratic revenge and/or sabotage. However there are many welcome steps, though confused as well, which will take the consumer movement considerably forward. These are:
Enhancement in the scope of relief under COPRA to stop the sale of and/or order withdrawing the marketing of hazardous goods. This will entitle consumers and consumer groups to challenge harmful goods, provided a law says so, like the BVO case when this toxic chemical was banned but continued to be used in soft drinks like Limca, Gold Spot etc. But the clause does not empower consumers to challenge hazards in services. For instance the Electricity Act provides for certain safety measures to be adopted by the suppliers, but consumers may not be able to challenge it.
This is more so surprising when in all the consumer rights in COPRA ‘services’ have been added along with ‘goods’, and under the relief section power has also been given to consumer courts to remove defects and deficiencies in services.
A major beneficial change has been added to cover agreements for purchase, as against the earlier provision for only goods or services actually purchased. This would cover disputes relating to booking of flats, cars, scooters and similar contracts, where delivery has not been made.
Restrictive trade practices have been added, also enabling the courts to stop these, as well as unfair trade practices. This means that there would be a mini-MRTP Commission in every district.
Monetary jurisdiction of a district forum has been raised to Rs 5 lakh, while that of a state commission to Rs 20 lakh. Beyond this, the National Commission. Age limit of the members of the state commissions has been fixed at 67, while that of the national commission at 70. No mention of the age limits of members of the district forums.
Complaints against goods purchased for commercial purpose will ordinarily not be adjudicable under COPRA save and except where such goods in dispute have been purchased by a self-employed businessperson like a taxi owner-driver.
Costs would be awardable to consumers or their organisations that win cases. Simultaneously consumers who file frivolous or vexatious complaints could be penalised with a fine of upto Rs 10,000. And if they don’t pay up, they could face a worse fate of paying a further fine of upto Rs 10,000 and/or undergo imprisonment of upto three years like other offenders.
Following the Supreme Court order, in the Common Cause Vs Union of India case, administrative control of district fora will now be under the state commissions, who will in turn report to the National Commission. A proper reporting system and procedures will also be incorporated. Lastly, a quiet change has been incorporated to redefine the department of civil supplies as consumer affairs, which is what we in the consumer movement have been shouting for a long time
CENTER FOR CONSUMER HUMAN RESOURCE AND ENVIRONMENT PROTECTION NILGIRIS
வியாழன், 31 டிசம்பர், 2009
Consumer Information Response Centres
The Consumer Protection Council (CPC) has established a call centre to protect consumer rights. The call centre will also aid tracking of complaints and data collection as consumers are expected to call in and make complaints about products and services.
The centres will be managed by an Abuja-based IT solution provider, Interra networks.
Unveiling the centre yesterday in Abuja, the managing director of the council, Ifeyinwa Umenyi, said access to the centre, by over 140 million Nigerians, is just a dial away.
"Interra Networks is partnering to reach over 140 million consumers across the nation," said Mrs. Umenyi.
‘Just a dial away'
"You can agree with us that there may not have any better move than this one made by CPC. All Nigerians now carry phones. So it is now easier to complain and get redress for your complaints. We are sure that in 2010, Nigerians will stop crying about not getting their complaints redressed. Now it is just a dial away.
"All Nigerians will no longer sit and complain about all the abuses that are all over the place. There so many adulterated products. Do not buy them, go home, sit down and lament, please do not lament again. It is just a matter of picking up your phone and dialing 0700callcpc or 07002255272."
Mrs. Umenyi said the new portal is consumer-friendly because it has facilities for consumers to make complaints or give alert in English, Pidgin, Igbo, Yoruba and Hausa languages. This is an addition to the existing hotlines.
"It is a lot easy to remember. It is not only for the educated, you can be attended to in all the three languages. Anybody can call. This is cheaper than mailing a complaint or entering taxi to nearest CPC office."
Interra Network is also deploying E1 lines for the operation to avoid network congestion. E1 lines are believed to be the most efficient means of digital communications between the operators.
Consumer Information Response Centres
She also revealed that the council is establishing Consumer Information Response Centres across the 774 local government areas in Nigeria. This is being implemented in conjunction with the National Orientation Agency which is making some of its facilities and structures available for the initiative.
The project is aimed at providing consumer education services, redressing mechanism and collation of data on consumer complaints. This is in addition to the efforts by the council to expand its programmes to ensure that its impact is felt at the grass-root.
"For our impact to be felt by millions of abused Nigerians consumers, many of whom are in the grass-root, we identified the need for our spread, in terms of presence, across the country. To this end, the South-West Zonal Office, Oshogbo, was established this year to join the four zonal offices."
The agency further disclosed that a total of 2,300 consumer complaints have been received this year. The Director General said about 85% of these complaints have been resolved. "Resolution of others is at advanced stage. The complaints were resolved through negotiation, mediation and conciliation meetings. In this vein, a total of 30 mediation meetings were held this year to resolve various complaints."
‘They are in it for money'
A consumer, Christopher Sunday, said the initiative is a welcome idea and hopes it will be sustained.
Mr. Sunday noted that other agencies have made similar moves in the past, yielding no results. "Let me tell you, they are in this thing for money," he said. "Forget what they are saying, the ones done by other organisations have yielded no results especially the call-in programmes on air. CPC should show that they are serious about this initiative this time around by making this particular one work. It is cheaper than going to their centres but let us hope that they will indeed be fast in resolving complaints from the consumers."
The centres will be managed by an Abuja-based IT solution provider, Interra networks.
Unveiling the centre yesterday in Abuja, the managing director of the council, Ifeyinwa Umenyi, said access to the centre, by over 140 million Nigerians, is just a dial away.
"Interra Networks is partnering to reach over 140 million consumers across the nation," said Mrs. Umenyi.
‘Just a dial away'
"You can agree with us that there may not have any better move than this one made by CPC. All Nigerians now carry phones. So it is now easier to complain and get redress for your complaints. We are sure that in 2010, Nigerians will stop crying about not getting their complaints redressed. Now it is just a dial away.
"All Nigerians will no longer sit and complain about all the abuses that are all over the place. There so many adulterated products. Do not buy them, go home, sit down and lament, please do not lament again. It is just a matter of picking up your phone and dialing 0700callcpc or 07002255272."
Mrs. Umenyi said the new portal is consumer-friendly because it has facilities for consumers to make complaints or give alert in English, Pidgin, Igbo, Yoruba and Hausa languages. This is an addition to the existing hotlines.
"It is a lot easy to remember. It is not only for the educated, you can be attended to in all the three languages. Anybody can call. This is cheaper than mailing a complaint or entering taxi to nearest CPC office."
Interra Network is also deploying E1 lines for the operation to avoid network congestion. E1 lines are believed to be the most efficient means of digital communications between the operators.
Consumer Information Response Centres
She also revealed that the council is establishing Consumer Information Response Centres across the 774 local government areas in Nigeria. This is being implemented in conjunction with the National Orientation Agency which is making some of its facilities and structures available for the initiative.
The project is aimed at providing consumer education services, redressing mechanism and collation of data on consumer complaints. This is in addition to the efforts by the council to expand its programmes to ensure that its impact is felt at the grass-root.
"For our impact to be felt by millions of abused Nigerians consumers, many of whom are in the grass-root, we identified the need for our spread, in terms of presence, across the country. To this end, the South-West Zonal Office, Oshogbo, was established this year to join the four zonal offices."
The agency further disclosed that a total of 2,300 consumer complaints have been received this year. The Director General said about 85% of these complaints have been resolved. "Resolution of others is at advanced stage. The complaints were resolved through negotiation, mediation and conciliation meetings. In this vein, a total of 30 mediation meetings were held this year to resolve various complaints."
‘They are in it for money'
A consumer, Christopher Sunday, said the initiative is a welcome idea and hopes it will be sustained.
Mr. Sunday noted that other agencies have made similar moves in the past, yielding no results. "Let me tell you, they are in this thing for money," he said. "Forget what they are saying, the ones done by other organisations have yielded no results especially the call-in programmes on air. CPC should show that they are serious about this initiative this time around by making this particular one work. It is cheaper than going to their centres but let us hope that they will indeed be fast in resolving complaints from the consumers."
புதன், 30 டிசம்பர், 2009
கன்சூமர் rights
THE CONSUMER PROTECTION ACT ENSHRINES
THE FOLLOWING RIGHTS OF CONSUMER:
Right to be protected from hazardous goods and services
Right to be informed about the quality and performance of goods and services
Rights to free choice of goods and services
Right to be heard in decision making process concerning consumer interests
Right to redressal if consumer rights are infringed
Right to consumer education
THE PATIENT AS A CONSUMER
Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial . In addition, Unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986.It set aside a writ Petition challenging the same by the Indian medical Association.
WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards as that particular point of time. An aggrieved patient who believes that he is a victim of medical negligence can now approach the Consumer Courts for fair compensation, and expect results in a relatively shorter period of two to three years. The procedure is comparatively simple and inexpensive.
THE PATIENT'S RIGHTS
In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:
1. You have a right to be told all the facts about your illness; to have your medical records explained to you; and to be made aware of risks and side effects, if any, of the treatment prescribed for you do not hesitate to question your doctor about any of these aspects.
2. When you are being given a physical examination, you have a right to be handled with consideration and due regard for your modesty.
3. You have a right to know your doctor's qualifications. If you cannot evaluate them yourself, do not hesitate to ask someone who can.
4. You have a right to complete confidentiality regarding your illness.
5. If you are doubtful about the treatment prescribed and especially an operation suggested, you have a right to get a second opinion from any specialist.
6. You have a right to be told in advance what an operation is for and the possible risks invoved. If this is not possible because of your being unconscious or for some other reasons, your nearest relatives must be told before they consent to the operation.
7. If you are to be discharged or moved to another hospital, you have a right to be informed in advance and to make your own choice of hospital of nursing home, in consultation with the doctor.
8. You have a right to get your case papers upon request.
A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT
1. Make sure you have told all relevant facts to the doctor before deciding any treatment.
2. Unless it is a life threatening emergency, the final decision about the treatment should be taken after proper deliberation and/or second opinion.
3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.
4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.
5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.
6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.
7. After treatment clarify all doubts regarding bills/payments etc before discharge.
8. Involve your family physician in the discussion with the specialist doctor.
9. In case of a deth during the treatment, if you are not satisfied with the cause of death, demand a post mortem examination and get copies of the entire Indoor Case Record. This is the right of every patient/legal heir.
10. It is necessary and correct to discuss with the concerned doctor all the doubts before resorting to any legal action. Many of the complications/delays/mishaps in any medical treatment can be genuine.
11. In case you require expert medical advice regarding the legitimacy of your complaint about medical malpractice or deficiency in service you may approch the Association for Consumer Action on Safety and Health (ACASH) or any similar organisation.
CPA AND MEDICAL NEGLIGENCE
The Consumer protection Act 1986 (CPA) is a unique legislation which provides for speedy and economical redressal in a simple manner. It has been held in a number of cases under CPA that instances of medical negligence are covered by CPA. Given below is a brief of the provisions under CPA.
Those unfortunate enough to experience gross malpractice may approach (in writing or in person) the District Consumer Disputes Redressal Forum when the compensation claims amount to less than Rs.5 Lakhs. Claims between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer Dispute Commission. Claims above Rs.20 Lakhs may be placed before the National Consumer Disputes Redressal Commission. The addresses of the above bodies may be obtained from your local consumer organisation. All complaints must be endored by the written opinion of two expert specialists in the medical field.
CHECK IF YOUR COMPLAINT COVERS THE FOLLOWING POINTS
1. Name and Address of the complainant in full.
2. Name and Address of the opposite parties.
3. When and where cause of the complaint arose.
4. Particulars of the complaint in detail along with supporting documents as exhibits.
5. Relief prayed. such as replacement/removal of defect or return of price/compensation for expenses incurred & physical/mental torture, if any. While asking for claims the amount should be within reasonable limits and justifiable.
6. The entire set of papers regarding the complaint, along with exhibits, is to be given in 1+3 sets and one set each for every aditional opposite party.
INSTRUCTIONS
1. The relief claimed by you should be in clear word.
2. The complaint can be sent in Marathi,Hindi or English. If the company's office is in another State, it is better to make the complaints in English.
3. The complaint should not be on a post card.
4. Three copies of the complaint, together with all the annexures for the Forum and extra sets for each of the opponents should be filed, together with the above three copies.
5. The complaint can be sent by post.
6. Complaints of a representative nature may be filed by registered Consumer Organisations Like Consumer Guidance Society of India.
WHAT ARE RATIONS ?
Rations are the monthly quotas of certain essential commodities distributed at special rates to ration card holders by the goverment under the Public Distribution System (PDS). Rations are essential for people with limited incomes hence card holders need to know their rights and assert them in order to get their rations regularly. The purpose of the Public Distribution System is to exercise some control over prices of essential food grains and commodities in the open market ensure supply of these to the average citizen an those living below the poverty line. For adivasis and people living below the poverty line, the goverment subsidises the cost of essential commodities, thus further reducing Prices for these sections. But in some areas these ration are not made avilable to them.
RATIONING RULES AND CARD HOLDERS RIGHTS
1. THE WEEKLY QUOTE IS NOT FORFEITED IF NOT PURCHASED: For the convenience of consumer who cannot buy the fortnightly quote at one time, purchase of rations on a weekly basic is permitted. If a card holder cannot purchase his rations in the first fortnight of a month. he can do so in the second. Sugar is available owing to shortage or strikes by shopkeepers, truckers or godown employees in a particular month, these quotas will be made available in the next month by the government.
2. DISPLAY OF SAMPLES: Samples of food grains, etc are to be displayed in sealed plastic bags. The general impression that rations are of poor quality is not correct.They have to be clean. The state goverment is supposed to lift stocks from the Food Corporation of India only after proper examination. It does not accept spoilt stocks. If the grains are of bad quality you have a right to complain and have then exchanged. Samples of the available food grains have to be displayed in the ration shops in sealed plastic bags bearing the number of the godown and the date of delivery. The card holder can compare the quote given to him with the sample in the bag and ensure that he is given the same quality. If samples are displayed in plates you could be cheated.
3. ENSURE THAT YOU GET A RECEIPT: The receipt is yellow in colour and in simple language. If the figures are not clear ask the shopkeeper to write them down legibly. The receipt should give the date of purchase, details of the rations supplied and the number of the ration shop in Marathi only. There is no rule that the ration can be purchased only once a day. You may make more purchase separately on the same day.
If the shopkeeper has no change, ask him to write the amount due on the back of your receipt and to sign below so that the amount can be adjusted against your next bill.
4. You are entitled to buy only the commodities you require. The shopkeeper cannot insist that you buy Wheat or rice in order to get your quota of kerosene or sugar.
5. A fee of Rs.5/- is charged for new card. The fee for replacement of a lost card is Rs.10/-. There is no charge for issuing a temporary card, or for adding or deleting names in the ration card.
6. When applying for a new card or adding names to a card, verification will be carried out after your application is received and the card will be made available within 10 days.
7. To obtain a ration card, applicants do not need to have a fixed residence. Tenants, sub-tenants, pavementdwellers,temporary construction workers,contract labours and hostels can all obtain ration cards after inspection to verify produce a "no objection" certificate from the owner of the premises.
8. If a card holder is moving from one Locality of greater Mumbai to another, there is no need to surrender his card. A slip giving the address of the rationoing office for the new residence, reference number and the number of the new ration shop (ARS No.) will be attached to his ration card by the rationing office. The card holder should first go to his change of residence; the officer in change will guide him regarding the steps to be taken.
9. If the card holder is moving to mumbai from distrcts or from outside the state, he will have to get a surrender slip from his old rationing office and present it at the new rationing office. If the card holder did not have a ration card in his former home he will have to get a certificate from the 'talathi' of his district to this effect. In case where documentary evidence cannot be produced, the Rationing Inspector will inspect the home, verify the statement of the applicant and issue a temporary card.
10. Card holders should not be intimated by threats made by the shopkeeper. He has no powers to seize, change or cancel their cards.
INFORMATION TO BE DISPLAYED
The ration shop has to display:
a. The registration number of the ration shop (ARS No.).
b. The number, address and phone number of the ration office.
c. The inspector's name and the time of his weekly visit.
d. The stock position of all rationed commodities in units.
e. The official price list.
f. The total number of ration cards registered with the shop.
g. The total number of units.
A complaints book has to be available to card holders.
HOW TO GET A RATION CARD
You can obtain an application from for ration cards from your ration office or district office on payment of Re.1/- There are three types cards, Yellow, orange and white. The yellow cards are given to families below the poverty line, i.e. those having an annual income between Rs.15,000/- and Rs.1 Lakh. Those families having an annual income of over Rs.1 Lakh are given white cards.
Listed below are the various types of forms to be filled up by card holders.
a. To obtain a new ration card, fill up form No.1, attach all the required documents and pay a fee of Rs.5/- only. The card should be received within 10 days.
b. For deleting names from the card, fill up Form No.9 and get a certificate from the ration office to this effect. This should be done the same day or at most the next day.
c. For adding names fill up from No. 8. The change should be made within 7 days.
d. To replace a lost or mutilated ration card, fill up from No. 15. The card should be replaced within 10 days.
e. For other alternations such as change of address fill up from No. 14. The change should made within 7 days.
Approach the Public rations Officer at Window No. 1 for Free assistance. Do not involve any middlemen who approach you.
llliterate applicants or those who do not know Marathi should seek help at Window No.2 to get their forms filled up. Completed forms for new ration cards are also accepted at this window.
Application for increase in the number of units will be received and registered at window No.3. People wishing to surrender their ration cards can get a receipt for the same at this window.
Distribution of ration cards, registration and accounts will be handled at window No.4.
RATIONING SYSTEM URBAN AND RURAL
The Food and Civil Supplies Department of the state goverment controls the functioning of the PDS, Policy decisions are taken by the Rationing Controller.
In the Greater Mumbai and Thane Industrial Zone there are 6 zonal offices:
1) Zone A-Office Nos. 1,3,5,6,9,11 and 13
2) Zone C-Office Nos. 15,16,17,18,19,20 and 21
3) Zone D-Office Nos. 22,23,24,25,26 and 29
4) Zone E-Office Nos. 30,31,32,33,34,35,44 and 45
5) Zone F-Office Nos. 36,37,38,39, and 40
6) Zone G-Office Nos. 27,28,42 and 43
The head of a rationing office is the Rationing Officer. The Asst. Rationing Inspector and the staff help in the day to day Functioning of the office. The staff helps to redress the grievances of the public and guide them.
THE RURAL SECTOR
In rular Maharashtra the Addl. District Collector is in over all charge of the P.D.S but the District Supply Officer operates on his behalf. At the taluka level the Tehsildar heads the rationing operations. There is a head clerk to assist him and a rationing inspector who is charge of 100-125 villages. Hence, it is impossible for the inspector to physically inspect them often. In rural areas, card holders obtain Kerosene from authorised kerosene suppliers. The Chairman of various co-operative societies are required to certify that the quota given to the shop has been properly distributed before a fresh quota is supplied.
HOW TO LODGE A COMPLAINT
Quite often, kerosene, Wheat and rice are not available or the sugar is less than 500 grams. People wish to complain against the shopkeeper but are afraid that he may be abusive or confiscate their card. At such times to whom should one complain? First, one should ask for the complaint book in the ration shop and enter the complaint in the book. Then inspector examines the book every time he visits the shop. If the inspector does not redress your complaint, you should complaint to the tehsilder/rationing officer. If there is steel no action complain to the Collector/Addl. Collector or District Supply Officer / Controller of Rationing. Regarding Policy matters, suggestions or complaints should be sent to the Secretary, Department of foods Civil Supplies and Consumer Affairs or to the Minister. To ensure implementation of the rules and assert one's rights is diffcult for one person, hence it is necessary to from local organisations of ration card holders. Local groups, women's groups and party branches should take the lead in solving card holder's problems. For this complaints redressal committees.need to be set up.Card holder, ration shopkeepers and ration inspector should be member of this committees.
Such a committee could be for one ration shop or for 4 - 5 ration shops jointly. Problems that cannot be sloved by the committee can be referred to the Controller or the Department. The PDS covers all of Maharashtra. Rationing Problems affect everyone from city dwellers to adivasis. it is essential that those oganisations which are working on behalf of cards holders should come together in the form of a federation to ensure proper working of the PDS
THE FOLLOWING RIGHTS OF CONSUMER:
Right to be protected from hazardous goods and services
Right to be informed about the quality and performance of goods and services
Rights to free choice of goods and services
Right to be heard in decision making process concerning consumer interests
Right to redressal if consumer rights are infringed
Right to consumer education
THE PATIENT AS A CONSUMER
Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial . In addition, Unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986.It set aside a writ Petition challenging the same by the Indian medical Association.
WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards as that particular point of time. An aggrieved patient who believes that he is a victim of medical negligence can now approach the Consumer Courts for fair compensation, and expect results in a relatively shorter period of two to three years. The procedure is comparatively simple and inexpensive.
THE PATIENT'S RIGHTS
In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:
1. You have a right to be told all the facts about your illness; to have your medical records explained to you; and to be made aware of risks and side effects, if any, of the treatment prescribed for you do not hesitate to question your doctor about any of these aspects.
2. When you are being given a physical examination, you have a right to be handled with consideration and due regard for your modesty.
3. You have a right to know your doctor's qualifications. If you cannot evaluate them yourself, do not hesitate to ask someone who can.
4. You have a right to complete confidentiality regarding your illness.
5. If you are doubtful about the treatment prescribed and especially an operation suggested, you have a right to get a second opinion from any specialist.
6. You have a right to be told in advance what an operation is for and the possible risks invoved. If this is not possible because of your being unconscious or for some other reasons, your nearest relatives must be told before they consent to the operation.
7. If you are to be discharged or moved to another hospital, you have a right to be informed in advance and to make your own choice of hospital of nursing home, in consultation with the doctor.
8. You have a right to get your case papers upon request.
A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT
1. Make sure you have told all relevant facts to the doctor before deciding any treatment.
2. Unless it is a life threatening emergency, the final decision about the treatment should be taken after proper deliberation and/or second opinion.
3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.
4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.
5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.
6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.
7. After treatment clarify all doubts regarding bills/payments etc before discharge.
8. Involve your family physician in the discussion with the specialist doctor.
9. In case of a deth during the treatment, if you are not satisfied with the cause of death, demand a post mortem examination and get copies of the entire Indoor Case Record. This is the right of every patient/legal heir.
10. It is necessary and correct to discuss with the concerned doctor all the doubts before resorting to any legal action. Many of the complications/delays/mishaps in any medical treatment can be genuine.
11. In case you require expert medical advice regarding the legitimacy of your complaint about medical malpractice or deficiency in service you may approch the Association for Consumer Action on Safety and Health (ACASH) or any similar organisation.
CPA AND MEDICAL NEGLIGENCE
The Consumer protection Act 1986 (CPA) is a unique legislation which provides for speedy and economical redressal in a simple manner. It has been held in a number of cases under CPA that instances of medical negligence are covered by CPA. Given below is a brief of the provisions under CPA.
Those unfortunate enough to experience gross malpractice may approach (in writing or in person) the District Consumer Disputes Redressal Forum when the compensation claims amount to less than Rs.5 Lakhs. Claims between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer Dispute Commission. Claims above Rs.20 Lakhs may be placed before the National Consumer Disputes Redressal Commission. The addresses of the above bodies may be obtained from your local consumer organisation. All complaints must be endored by the written opinion of two expert specialists in the medical field.
CHECK IF YOUR COMPLAINT COVERS THE FOLLOWING POINTS
1. Name and Address of the complainant in full.
2. Name and Address of the opposite parties.
3. When and where cause of the complaint arose.
4. Particulars of the complaint in detail along with supporting documents as exhibits.
5. Relief prayed. such as replacement/removal of defect or return of price/compensation for expenses incurred & physical/mental torture, if any. While asking for claims the amount should be within reasonable limits and justifiable.
6. The entire set of papers regarding the complaint, along with exhibits, is to be given in 1+3 sets and one set each for every aditional opposite party.
INSTRUCTIONS
1. The relief claimed by you should be in clear word.
2. The complaint can be sent in Marathi,Hindi or English. If the company's office is in another State, it is better to make the complaints in English.
3. The complaint should not be on a post card.
4. Three copies of the complaint, together with all the annexures for the Forum and extra sets for each of the opponents should be filed, together with the above three copies.
5. The complaint can be sent by post.
6. Complaints of a representative nature may be filed by registered Consumer Organisations Like Consumer Guidance Society of India.
WHAT ARE RATIONS ?
Rations are the monthly quotas of certain essential commodities distributed at special rates to ration card holders by the goverment under the Public Distribution System (PDS). Rations are essential for people with limited incomes hence card holders need to know their rights and assert them in order to get their rations regularly. The purpose of the Public Distribution System is to exercise some control over prices of essential food grains and commodities in the open market ensure supply of these to the average citizen an those living below the poverty line. For adivasis and people living below the poverty line, the goverment subsidises the cost of essential commodities, thus further reducing Prices for these sections. But in some areas these ration are not made avilable to them.
RATIONING RULES AND CARD HOLDERS RIGHTS
1. THE WEEKLY QUOTE IS NOT FORFEITED IF NOT PURCHASED: For the convenience of consumer who cannot buy the fortnightly quote at one time, purchase of rations on a weekly basic is permitted. If a card holder cannot purchase his rations in the first fortnight of a month. he can do so in the second. Sugar is available owing to shortage or strikes by shopkeepers, truckers or godown employees in a particular month, these quotas will be made available in the next month by the government.
2. DISPLAY OF SAMPLES: Samples of food grains, etc are to be displayed in sealed plastic bags. The general impression that rations are of poor quality is not correct.They have to be clean. The state goverment is supposed to lift stocks from the Food Corporation of India only after proper examination. It does not accept spoilt stocks. If the grains are of bad quality you have a right to complain and have then exchanged. Samples of the available food grains have to be displayed in the ration shops in sealed plastic bags bearing the number of the godown and the date of delivery. The card holder can compare the quote given to him with the sample in the bag and ensure that he is given the same quality. If samples are displayed in plates you could be cheated.
3. ENSURE THAT YOU GET A RECEIPT: The receipt is yellow in colour and in simple language. If the figures are not clear ask the shopkeeper to write them down legibly. The receipt should give the date of purchase, details of the rations supplied and the number of the ration shop in Marathi only. There is no rule that the ration can be purchased only once a day. You may make more purchase separately on the same day.
If the shopkeeper has no change, ask him to write the amount due on the back of your receipt and to sign below so that the amount can be adjusted against your next bill.
4. You are entitled to buy only the commodities you require. The shopkeeper cannot insist that you buy Wheat or rice in order to get your quota of kerosene or sugar.
5. A fee of Rs.5/- is charged for new card. The fee for replacement of a lost card is Rs.10/-. There is no charge for issuing a temporary card, or for adding or deleting names in the ration card.
6. When applying for a new card or adding names to a card, verification will be carried out after your application is received and the card will be made available within 10 days.
7. To obtain a ration card, applicants do not need to have a fixed residence. Tenants, sub-tenants, pavementdwellers,temporary construction workers,contract labours and hostels can all obtain ration cards after inspection to verify produce a "no objection" certificate from the owner of the premises.
8. If a card holder is moving from one Locality of greater Mumbai to another, there is no need to surrender his card. A slip giving the address of the rationoing office for the new residence, reference number and the number of the new ration shop (ARS No.) will be attached to his ration card by the rationing office. The card holder should first go to his change of residence; the officer in change will guide him regarding the steps to be taken.
9. If the card holder is moving to mumbai from distrcts or from outside the state, he will have to get a surrender slip from his old rationing office and present it at the new rationing office. If the card holder did not have a ration card in his former home he will have to get a certificate from the 'talathi' of his district to this effect. In case where documentary evidence cannot be produced, the Rationing Inspector will inspect the home, verify the statement of the applicant and issue a temporary card.
10. Card holders should not be intimated by threats made by the shopkeeper. He has no powers to seize, change or cancel their cards.
INFORMATION TO BE DISPLAYED
The ration shop has to display:
a. The registration number of the ration shop (ARS No.).
b. The number, address and phone number of the ration office.
c. The inspector's name and the time of his weekly visit.
d. The stock position of all rationed commodities in units.
e. The official price list.
f. The total number of ration cards registered with the shop.
g. The total number of units.
A complaints book has to be available to card holders.
HOW TO GET A RATION CARD
You can obtain an application from for ration cards from your ration office or district office on payment of Re.1/- There are three types cards, Yellow, orange and white. The yellow cards are given to families below the poverty line, i.e. those having an annual income between Rs.15,000/- and Rs.1 Lakh. Those families having an annual income of over Rs.1 Lakh are given white cards.
Listed below are the various types of forms to be filled up by card holders.
a. To obtain a new ration card, fill up form No.1, attach all the required documents and pay a fee of Rs.5/- only. The card should be received within 10 days.
b. For deleting names from the card, fill up Form No.9 and get a certificate from the ration office to this effect. This should be done the same day or at most the next day.
c. For adding names fill up from No. 8. The change should be made within 7 days.
d. To replace a lost or mutilated ration card, fill up from No. 15. The card should be replaced within 10 days.
e. For other alternations such as change of address fill up from No. 14. The change should made within 7 days.
Approach the Public rations Officer at Window No. 1 for Free assistance. Do not involve any middlemen who approach you.
llliterate applicants or those who do not know Marathi should seek help at Window No.2 to get their forms filled up. Completed forms for new ration cards are also accepted at this window.
Application for increase in the number of units will be received and registered at window No.3. People wishing to surrender their ration cards can get a receipt for the same at this window.
Distribution of ration cards, registration and accounts will be handled at window No.4.
RATIONING SYSTEM URBAN AND RURAL
The Food and Civil Supplies Department of the state goverment controls the functioning of the PDS, Policy decisions are taken by the Rationing Controller.
In the Greater Mumbai and Thane Industrial Zone there are 6 zonal offices:
1) Zone A-Office Nos. 1,3,5,6,9,11 and 13
2) Zone C-Office Nos. 15,16,17,18,19,20 and 21
3) Zone D-Office Nos. 22,23,24,25,26 and 29
4) Zone E-Office Nos. 30,31,32,33,34,35,44 and 45
5) Zone F-Office Nos. 36,37,38,39, and 40
6) Zone G-Office Nos. 27,28,42 and 43
The head of a rationing office is the Rationing Officer. The Asst. Rationing Inspector and the staff help in the day to day Functioning of the office. The staff helps to redress the grievances of the public and guide them.
THE RURAL SECTOR
In rular Maharashtra the Addl. District Collector is in over all charge of the P.D.S but the District Supply Officer operates on his behalf. At the taluka level the Tehsildar heads the rationing operations. There is a head clerk to assist him and a rationing inspector who is charge of 100-125 villages. Hence, it is impossible for the inspector to physically inspect them often. In rural areas, card holders obtain Kerosene from authorised kerosene suppliers. The Chairman of various co-operative societies are required to certify that the quota given to the shop has been properly distributed before a fresh quota is supplied.
HOW TO LODGE A COMPLAINT
Quite often, kerosene, Wheat and rice are not available or the sugar is less than 500 grams. People wish to complain against the shopkeeper but are afraid that he may be abusive or confiscate their card. At such times to whom should one complain? First, one should ask for the complaint book in the ration shop and enter the complaint in the book. Then inspector examines the book every time he visits the shop. If the inspector does not redress your complaint, you should complaint to the tehsilder/rationing officer. If there is steel no action complain to the Collector/Addl. Collector or District Supply Officer / Controller of Rationing. Regarding Policy matters, suggestions or complaints should be sent to the Secretary, Department of foods Civil Supplies and Consumer Affairs or to the Minister. To ensure implementation of the rules and assert one's rights is diffcult for one person, hence it is necessary to from local organisations of ration card holders. Local groups, women's groups and party branches should take the lead in solving card holder's problems. For this complaints redressal committees.need to be set up.Card holder, ration shopkeepers and ration inspector should be member of this committees.
Such a committee could be for one ration shop or for 4 - 5 ration shops jointly. Problems that cannot be sloved by the committee can be referred to the Controller or the Department. The PDS covers all of Maharashtra. Rationing Problems affect everyone from city dwellers to adivasis. it is essential that those oganisations which are working on behalf of cards holders should come together in the form of a federation to ensure proper working of the PDS
இந்திய கன்சூமர் ப்ரோடேக்டியன் அக்ட் 1986
CONSUMER PROTECTION ACT 1986
THE CONSUMER PROTECTION ACT, 1986
ACT NO. 68 OF 1986
[24th December, 1986.]
An Act to provide for the better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-- CHAP PRELIMINARY CHAPTER I PRELIMINARY
Short title extent, commencement and application.
1. Short title extent, commencement and application. (1) This Act may be called the Consumer Protection Act, 1986.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date 1* as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act.
(4) Save as otherwise expressly provided by the Central Government by notification, this Act shall apply to all goods and services.
Definitions.
2. Definitions. (1) In this Act, unless the context otherwise requires,-- 2*[(a) "appropriate laboratory" means a laboratory or orga- nasation-- (i) recognised by the Central Government; (ii) recognised by a State Government, subject to such guidelines as may be prescribed by the Central Govern- ment in this behalf; or (iii) any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect;] 3*[(aa) "branch office" means-- (i) any establishment described as a branch by the opposite party; or (ii) any establishment carring on either the same or substantially the same activity as that carried on by the head office of the establishment;] --------------------------------------------------------------------- 1 The provisions of Chapters I, II and IV of this Act came in to force in the whole of India expect the State of Jammu & Kashmir on 15-4-1987: vide notification No. S.O. 390 (E), dated 15-4-1987, Gazette of India, Extraordinary 1987, Part II, section 3 (ii). The provisions of Chapter III of this Act came in to force in the whole India except the State of Jammu & Kashmir on 1-7-1987: vide Notification No. S.O. 568 (E), dated 10.6.87, Gazette of India Extraordinary, 1987, part II, Section 3 (ii). 2 Subs. by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 3 Ins. by s. 2, ibid. 1325 (b) "complainant" means-- (i) a consumer; or (ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or (iii) the Central Government or any State Government, who or which makes a complaint; 1*[(iv) one or more consumers, where there are nume- rous consumers having the same interest;] (c) "complaint" means any allegation in writing made by a complainant that-- 2*[(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;] (ii) 2*[the goods bought by him or agreed to be bou- ght by him] suffer from one or more defects; (iii) 2*[the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect; (iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods; 1*[(v) goods which will be hazardous to life and safety when used, are being offered for sale to the public in con- travention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods], with a view to obtaining any relief provided by or under this Act; (d) "consumer" means any person who,-- (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) 2*[hires or avails of] any services for a conside- ration which has been paid or promised or partly paid and part by promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 2*[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. 1*[Explanation.-- For the purposes of sub-clause (i), "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;] (e) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. (f) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 2 Subs. by s. 2, ibdi. (w.e.f. 18-6-1993). 1326 maintained by or under any law for the time being in force or 1*[under any contract, express or implied or] as is claimed by the trader in any manner whatsoever in relation to any goods; (g) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service; (h) "District Forum" means a Consumer Dispute Redressal Forum estalished under clause (a) of section 9; (i) "goods" means goods as defined in the Sale of Goods Act, 1930 (3 of 1930); (j) "manufacturer" means a person who-- (i) makes or manufactures any goods or parts thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others and claims the end-product to be goods manufactured by himself; or (iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made or manufactured by himself. Explanation.--Where a manufacturer despatches any goods or part thereof to any branch office maintained by him, such branch office shall not be deemed to be the manufacturer even though the parts so despatched to it are assembled at such branch office and are sold or distributed from such branch office; 1*[(jj) "member" includes the President and a member of the National Commission or a State Commission or a District Forum, as the case may be;] (k) "National Commission" means the National Consumer Disputes Redressal Commission established under clause (c) of section 9; (l) "notification" means a notification published in the Official Gazette; (m) "person" includes,-- (i) a firm whether registered or not; (ii) a Hindu undivided family; (iii) a co-operative society; (iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not; (n) "prescribed" means prescribed by rules made by the State Government, or as the case may be, by the Central Government under this Act; 1*[(nn) "restrictive trade practice" means any trade prac- tice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services;] (o) "service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, 1*[housing construction,] enter- --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 1327 tainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; (p) "State Commission" means a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9; (q) "trader" in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof; 1*[(r) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following prac- tices, namely:-
(1) the practice of making any statement, whether orally or in writing or by visible representation which,- (i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model; (ii) falsely represents that the services are of a particular standard, quality or grade; (iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods; (iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have; (v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (vii) gives to the public any warranty or guara- ntee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence; (viii) makes to the public a representation in a form that purports to be-- (i) a warranty or guarantee of a product or of any goods or services; or (ii) a promise to replace, maintain or rep- air an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasona- ble prospect that such warranty, guarantee or pro- mise will be carried out; (ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representa- tion as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made; (x) gives false or misleading facts disparaging goods, services or trade of another person.
Explanation.-- For the purposes of clause (1), a statement that is-- (a) expressed on an article offered or displ- ayed for sale, or on its wrapper or container; or (b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or (c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;
(2) permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quanti- ties that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation.-- For the purposes of clause (2), "bargaining price" means-- (a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or (b) a price that a person who reads, hears or sees the adver- tisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;
(3) permits-- (a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it it is fully or partly covered by the amount charged in the transaction as a whole; (b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest;
(4) permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;
(5) permits the hoarding or destruction of goods, or refuses to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services.
(2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area.
Act not in derogation of any other law. 3. Act not in derogation of any other law. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. CHAP CONSUMER PROTECTION COUNCILS CHAPTER II CONSUMER PROTECTION COUNCILS
The Central Consumer Protection Council.
4. The Central Consumer Protection Council. (1) The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council).
(2) The Central Council shall consist of the following members, namely:-- (a) the Minister in charge of 2*[Consumer affairs] in the Central Government, who shall be its Chairman, and (b) such number of other official or non-official members representing such interests as may be prescribed.
Procedure for meetings of the Central Council.
5. Procedure for meetings of the Central Council. (1) The Central Council shall meet as and when necessary, but 3*[at least one meeting] of the Council shall be held every year.
(2) The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
Objects of the Central Council. 6. Objects of the Central Council. The objects of the Central Council shall be to promote and protect the rights of the consumers such as,-- (a) the right to be protected against the marketing of goods 4*[and services] which are hazardous to life and property; --------------------------------------------------------------------- 1 Subs by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 2 Subs by s. 3, ibid (w.e.f. 18-6-1993). 3 Subs by s. 4, ibid (w.e.f. 18-6-1993). 4 Ins. by s. 5, ibid (w.e.f. 18-6-1993). 1328 (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods 1*[or services,as the case may be] so as to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to a variety of goods 1*[and services] at competitive prices; (d) the right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums; (e) the right to seek redressal against unfair trade practices 1*[ or restrictive trade practices] or unscrupulous exploitation of consumers; and (f) the right to consumer education.
The State Consumer Protection Councils.
7. The State Consumer Protection Councils. (1) The State Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Consumer Protection Council for .......................(hereinafter referred to as the State Council).
2*[(2) The State Council shall consist of the following members, namely:-- (a) the Minister incharge of consumer affairs in the State Government who shall be its Chairman; (b) such number of other official or non-official members representing such interests as may be prescribed by the State Governments.
(3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year.
(4) The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government].
Objects of the State Council. 8. Objects of the State Council. The objects of every State Council shall be to promote and protect within the State the rights of the consumers laid down in clauses (a) to (f) of section 6. CHAP CONSUMER DISPUTES REDRESSAL AGENCIES CHAPTER III CONSUMER DISPUTES REDRESSAL AGENCIES
Establishment of Consumer Disputes Redressal Agencies. 9. Establishment of Consumer Disputes Redressal Agencies. There shall be established for the purposes of this Act, the following agencies, namely:-- (a) a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government 3*** in each district of the State by notification: 4*[Provided that the State Government may, if it deems fit, establish more than one District Forum in a district.] (b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government 3*** in the State by notification; and (c) a National Consumer Disputes Redressal Commission established by the Central Government by notification. 10 Composition of the District Forum.
Composition of the District Forum. 5*[(1) Each District Forum shall consist of-- (a) a person who is, or has been or is qualified to be a District Judge, who shall be its President; (b) two other members, who shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.]
6*[(1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:-- (i) President of the State Commission -- Chairman, (ii) Secretary, Law Department of the State -- Member, (iii) Secretary incharge of the Department dealing with cun- sumer affairs in the State --Members.]
(2) Every member of the District Forum shall hold office for a term of five years or up to the age of 65 years, whichever is earlier, and shall not be eligible for re-appointment: --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 5 (w.e.f. 18-6-1993). 2 Subs. by s. 6, ibid (w.e.f. 18-6-1993). 3 Certain words omitted by s. 7, ibid (w.e.f. 18-6-1993). 4 Ins. by s. 7, ibid. 5 Subs. s. 8, ibid (w.e.f. 18-6-1993). 6 Ins. by s. 8, ibid (w.e.f. 18-6-1993). 1329 Provided that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing any of the qualifications mentioned
in sub-section (1) in relation to the category of the member who has resigned.
(3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government.
Jurisdiction of the District Forum.
11. Jurisdiction of the District Forum. (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed 1*[does not exceed rupees five lakhs].
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,-- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 1*[carries an business or has a branch office or] personally words for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or 1*[carries on business or has a branch office] or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or 1*[carry on business, or have a branch office] or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.
Manner in which complaint shall be made. 2*[12. Manner in which complaint shall be made. A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by-- (a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or deli- vered or service provided or agreed to be provided is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central or the State Government. Explanation.-- For the purposes of this section, "recognised con- sumer association" means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.
Procedure on receipt of complaint.
13. Procedure on receipt of complaint. (1) The District Forum shall, on receipt of a complaint, if it relates to any goods,-- (a) refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained --------------------------------------------------------------------- 1 Subs. by Act 50 of 1993, s. 9 (w.e.f. 18-6-1993). 2 Subs. by s. 10, ibid (w.e.f. 18-6-1993). 1330 in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g); (c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum; (d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the District Forum may require the complainant to deposit to the credit of the Forum such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question; (e) the District Forum shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party; (f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the District Forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory; (g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 14.
(2) The District Forum shall, if the complaint received by it under section 12 relates to goods in respect of which the procedure
specified in sub-section (1) cannot be followed, or if the complaint relates to any services,-- (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any 1331 action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute,-- (i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or (ii) on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum.
(3) No proceedings complying with the procedure laid down in sub-
sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.
(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-- (i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath; (ii) the discovery and production of any document or other material object producible as evidence; (iii) the reception of evidence on affidavits; (iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source; (v) issuing of any commission for the examination of any witness; and (vi) any other matter which may be prescribed.
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
1*[(6) Where the complainant is a consumer referred to in sub-
clause (iv) of clause (b) of sub-section (1) of section 2, the pro- visions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modifi- cation that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.]
Finding of the District Forum.
14. Finding of the District Forum. (1) If, after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to 2*[do] one or more of the following things, namely:-- (a) to remove the defect pointed out by the appropriate laboratory from the goods in question; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant; --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 11, (w.e.f. 18-6-1993). 2 Subs. by s. 12, ibid (w.e.f. 18-6-1993). 1332 (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. 1*[(e) to remove the defects or deficiencies in the servi- ces in question; (f) to discontinue the unfair trade practice or the restric- tive trade practice or not to repeat them; (g) not to offer the hazardous goods for sale; (h) to withdraw the hazardous goods from being offered for sale; (i) to provide for adequate costs to parties.]
2*[(2) Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Forum and at least one member thereof sitting together: Provided that where the member, for any reason, is unable to conduct the proceeding till it is completed, the President and the other member shall conduct such proceeding de novo.
(2A) Every order made by the District Forum under sub-section (1) shall be signed by its President and the member or members who conducted the proceeding: Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum.]
(3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government.
Appeal. 15. Appeal. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Composition of the State Commission.
16. Composition of the State Commission. (1) Each State Commission shall consist of-- (a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President: 3*[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;] (b) two other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman: 4*[Provided that every appointment under this clause. shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:-- (i) President of the State Commission -- Chairman, (ii) Secretary of the Law Department of the State -- Member, (iii) Secretary, incharge of the Department dealing with consumer affairs in the State -- Member.]
(2) The salary or honorarium and other allowances payable to, and the other terms and conditions of service 5***of, the members of the State Commission shall be such as may be prescribed by the State Government.
3*[(3) Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier and shall not be eligible for re-appointment.
(4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act, 1993, shall continue to hold such office as President or member, as the case may be, till the completion of his term].
Jurisdiction of the State Commission. 17. Jurisdiction of the State Commission. Subject to the other provisions of this Act, the State Commission shall have jurisdiction-- (a) to entertain-- (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 6*[five lakhs but does not exceed rupees twenty lakhs]; and (ii) appeals against the orders of any District Forum within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. --------------------------------------------------------------------- 1 Ins by Act 50 of 1993, s. 12 (w.e.f. 18-6-1993). 2 Subs. by Act 34 of 1991, S. 2 (w.e.f. 15-6-1991). 3 Ins. by Act 50 of 1993, s. 13 (w.e.f. 18-6-1993). 4 Subs. by s. 13, ibid (w.e.f. 18-6-1993). 5 Certain words omitted by s. 13, ibid (w.e.f. 18-6-1993). 6 Subs. by s. 14, ibid (w.e.f. 18-6-1993). 1333
Procedure applicable to State Commissions. 18. Procedure applicable to State Commissions. 1*[The provisions of sections 12, 13 and 14 and the rules made thereunder] for disposal of complaints by the District Forum shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the State Commission. 18A. Vacancy in the office of the President. 2*[18A. Vacancy in the office of the President. When the office of the President of the District Forum or of the State Commission, as the case may be, is vacant or when any such President is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such person, who is qualified to be appointed as President of the District Forum or, as the case may be, of the State Commission, as the State Government may appoint for the purpose.].
Appeals. 19. Appeals. Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Composition of the National Commission.
20. Composition of the National Commission. (1) The National Commission shall consist of-- (a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President: 3*[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;] (b) four other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman: 4*[Provided that every appointment under this clause shall be made by the Central Government on the recommendation of a selection committee consisting of the following, namely:-- (a) a person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of India -- Chairman, (b) the Secretary in the Department of Legal Affairs in the Government of India -- Member, (c) Secretary of the Department dealing with consumer affairs in the Government of India] -- Member.].
(2) The salary or honorarium and other allowances payable to and the other terms and conditions of service 5*** of the members of the National Commission shall be such as may be prescribed by the Central Government.
3*[(3) Every member of the National Commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier and shall not be eligible for re-appointment.
(4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act, 1993, shall continue to hold such office as President or member, as the case may be, till the completion of his term.]
Jurisdiction of the National Commission. 21. Jurisdiction of the National Commission. Subject to the other provisions of this Act, the National Commission shall have jurisdiction-- (a) to entertain-- (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 3*[twenty lakhs]; and (ii) appeals against the orders of any State Commission; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.
Procedure applicable to the National Commission. 7*[22. Procedure applicable to the National Commission. The National Commission shall, in the disposal of any complaints or of any proceedings before it, have -- (a) the powers of a civil court as specified in sub-sections
(4), (5) and (6) of section 13; (b) the power to issue an order to the opposite party direc- ting him to do any one or more of the things referred to in
clauses (a) to (i) of sub-section (1) of secction 14, and follow such procedure as may be prescribed by the Central Gove- nment.] --------------------------------------------------------------------- 1 Subs by 50 of 1993, s. 15 (w.e.f. 18-6-1993). 2 Ins. by the Act 34 of 1991, s. 3 (w.e.f. 15-6-1991) 3 Ins. by Act 50 of 1993, s. 16 (w.e.f. 18-6-1993). 4 Subs. by s. 16, ibid (w.e.f. 18-6-1993). 5 Certain words omitted by s. 16, ibid (w.e.f. 18-6-1993). 6 Subs. by s. 17, ibid (w.e.f. 18-6-1993). 7 Subs. by s. 18, ibid (w.e.f. 18-6-1993). 1334
Appeal 23. Appeal Any person, aggrieved by an order made by the National Commission in exercise of its power conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Finality of orders. 24. Finality of orders. Every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final. 24A Limitation period.
1*[24A. Limitation period. (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section
(1), if the complainant satisfies the District Forum, the State Comm- ission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint as this such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. 24B Administrative control.
24B. Administrative control. (1) The National Commission shall have administrative conntrol over all the State Commissions in the following matters, namely;-- (i) calling for periodical returns regarding the institution, disposal, pendency of cases; (ii) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furni- shing of English translation of judgments written in any language, speedy grant of copies of documents; (iii) generally overseeing the functioning of the State Commissions or the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfe- ring with their quasi-judicial freedom.
(2) The State Commission shall have administrative control over all the District Fora within its jurisdiction in all matters refer-
red to in sub-section (1).]
Enforcement of orders by the Forum, the State Commission or theNational Commission. 25. Enforcement of orders by the Forum, the State Commission or the National Commission. Every order made by the District Forum, the State Commission or the National Commission may be enforced by the District Forum, the State Commission or the National Commission, as the case may be, in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the District Forum, the State Commission or the National Commission to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,-- (a) in the case of an order against a company, the registered office of the company is situated, or (b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain is situated, and thereupon, the court to which the order is so sent, shall execute the orders as if it were a decree or order sent to it for execution.
Dismissal of frivolous or vexatious complaints. 2*[26. Dismissal of frivolous or vexatious complaints. Where a complaint instituted before the District Forum, the State Commission or, as the case may be, the National Commission is found to be frivo- lous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order.]
Penalties. 27. Penalties. Where a trader or a person against whom a complaint is made 3*[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 3*[or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both: Provided that the District Forum, the State Commission or the National Commission, as the case may be, may, if it is satisfied that the circumstances of any case so require, impose a sentence of imprisonment or fine, or both, for a term lesser than the minimum term and the amount lesser than the minimum amount, specified in this section. CHAP MISCELLANEOUS CHAPTER IV MISCELLANEOUS
Protection of action taken in good faith. 28. Protection of action taken in good faith. No suit, prosecution or other legal proceedings shall lie against the members of the District Forum, the State Commission or the National Commission or any officer or person acting under the direction of the District Forum, the State Commission or the National Commission for --------------------------------------------------------------------- 1 Ins by Act 50 of 1993, s. 19 (w.e.f. 18-6-1993). 2 Subs by s. 20, ibid (w.e.f. 18-6-1993). 3 Ins by s. 21, ibid (w.e.f. 18-6-1993). 1335 executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member, officer or person under this Act or under any rule or order made thereunder.
Power to remove difficulties.
29. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 29A. Vacancies or defects in appointment not in invalidate orders. 1*[29A. Vacancies or defects in appointment not to invalidate orders. No act or proceeding of the District Forum, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.]
Power to make rules.
30. Power to make rules. (1) The Central Government may, by notification, make rules for carrying out the provisions contained in
2* [clause (a) of sub-section (1) of section 2] clause (b) of
sub-section (2) of section 4, sub-section (2) of section 5, clause
(vi) of sub-section (4) of section 13, section 19, sub- section (2) of section 20 and section 22 of this Act.
(2) The State Government may, by notification, make rules for carrying out the provisions contained in 2*[clause (b) of sub-section
(2) and sub-section (4) of section 7], sub-section (3) of section 10,
clause (c) of sub-section (1) of section 13, sub-section (3) of
section 14, section 15 and sub-section (2) of section 16.
Laying of rules.
31. Laying of rules. (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. ---------------------------------------------------------------------- 1 Ins. by Act 34 of 1991, S. 4 (w.e.f 15-6-1991). 2 Ins. by Act 50 of 1993, s. 22 (w.e.f.18-6-1993).
THE CONSUMER PROTECTION ACT, 1986
ACT NO. 68 OF 1986
[24th December, 1986.]
An Act to provide for the better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-- CHAP PRELIMINARY CHAPTER I PRELIMINARY
Short title extent, commencement and application.
1. Short title extent, commencement and application. (1) This Act may be called the Consumer Protection Act, 1986.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date 1* as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act.
(4) Save as otherwise expressly provided by the Central Government by notification, this Act shall apply to all goods and services.
Definitions.
2. Definitions. (1) In this Act, unless the context otherwise requires,-- 2*[(a) "appropriate laboratory" means a laboratory or orga- nasation-- (i) recognised by the Central Government; (ii) recognised by a State Government, subject to such guidelines as may be prescribed by the Central Govern- ment in this behalf; or (iii) any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect;] 3*[(aa) "branch office" means-- (i) any establishment described as a branch by the opposite party; or (ii) any establishment carring on either the same or substantially the same activity as that carried on by the head office of the establishment;] --------------------------------------------------------------------- 1 The provisions of Chapters I, II and IV of this Act came in to force in the whole of India expect the State of Jammu & Kashmir on 15-4-1987: vide notification No. S.O. 390 (E), dated 15-4-1987, Gazette of India, Extraordinary 1987, Part II, section 3 (ii). The provisions of Chapter III of this Act came in to force in the whole India except the State of Jammu & Kashmir on 1-7-1987: vide Notification No. S.O. 568 (E), dated 10.6.87, Gazette of India Extraordinary, 1987, part II, Section 3 (ii). 2 Subs. by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 3 Ins. by s. 2, ibid. 1325 (b) "complainant" means-- (i) a consumer; or (ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or (iii) the Central Government or any State Government, who or which makes a complaint; 1*[(iv) one or more consumers, where there are nume- rous consumers having the same interest;] (c) "complaint" means any allegation in writing made by a complainant that-- 2*[(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;] (ii) 2*[the goods bought by him or agreed to be bou- ght by him] suffer from one or more defects; (iii) 2*[the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect; (iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods; 1*[(v) goods which will be hazardous to life and safety when used, are being offered for sale to the public in con- travention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods], with a view to obtaining any relief provided by or under this Act; (d) "consumer" means any person who,-- (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) 2*[hires or avails of] any services for a conside- ration which has been paid or promised or partly paid and part by promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 2*[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. 1*[Explanation.-- For the purposes of sub-clause (i), "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;] (e) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. (f) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 2 Subs. by s. 2, ibdi. (w.e.f. 18-6-1993). 1326 maintained by or under any law for the time being in force or 1*[under any contract, express or implied or] as is claimed by the trader in any manner whatsoever in relation to any goods; (g) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service; (h) "District Forum" means a Consumer Dispute Redressal Forum estalished under clause (a) of section 9; (i) "goods" means goods as defined in the Sale of Goods Act, 1930 (3 of 1930); (j) "manufacturer" means a person who-- (i) makes or manufactures any goods or parts thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others and claims the end-product to be goods manufactured by himself; or (iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made or manufactured by himself. Explanation.--Where a manufacturer despatches any goods or part thereof to any branch office maintained by him, such branch office shall not be deemed to be the manufacturer even though the parts so despatched to it are assembled at such branch office and are sold or distributed from such branch office; 1*[(jj) "member" includes the President and a member of the National Commission or a State Commission or a District Forum, as the case may be;] (k) "National Commission" means the National Consumer Disputes Redressal Commission established under clause (c) of section 9; (l) "notification" means a notification published in the Official Gazette; (m) "person" includes,-- (i) a firm whether registered or not; (ii) a Hindu undivided family; (iii) a co-operative society; (iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not; (n) "prescribed" means prescribed by rules made by the State Government, or as the case may be, by the Central Government under this Act; 1*[(nn) "restrictive trade practice" means any trade prac- tice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services;] (o) "service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, 1*[housing construction,] enter- --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 1327 tainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; (p) "State Commission" means a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9; (q) "trader" in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof; 1*[(r) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following prac- tices, namely:-
(1) the practice of making any statement, whether orally or in writing or by visible representation which,- (i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model; (ii) falsely represents that the services are of a particular standard, quality or grade; (iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods; (iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have; (v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (vii) gives to the public any warranty or guara- ntee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence; (viii) makes to the public a representation in a form that purports to be-- (i) a warranty or guarantee of a product or of any goods or services; or (ii) a promise to replace, maintain or rep- air an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasona- ble prospect that such warranty, guarantee or pro- mise will be carried out; (ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representa- tion as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made; (x) gives false or misleading facts disparaging goods, services or trade of another person.
Explanation.-- For the purposes of clause (1), a statement that is-- (a) expressed on an article offered or displ- ayed for sale, or on its wrapper or container; or (b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or (c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;
(2) permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quanti- ties that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation.-- For the purposes of clause (2), "bargaining price" means-- (a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or (b) a price that a person who reads, hears or sees the adver- tisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;
(3) permits-- (a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it it is fully or partly covered by the amount charged in the transaction as a whole; (b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest;
(4) permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;
(5) permits the hoarding or destruction of goods, or refuses to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services.
(2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area.
Act not in derogation of any other law. 3. Act not in derogation of any other law. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. CHAP CONSUMER PROTECTION COUNCILS CHAPTER II CONSUMER PROTECTION COUNCILS
The Central Consumer Protection Council.
4. The Central Consumer Protection Council. (1) The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council).
(2) The Central Council shall consist of the following members, namely:-- (a) the Minister in charge of 2*[Consumer affairs] in the Central Government, who shall be its Chairman, and (b) such number of other official or non-official members representing such interests as may be prescribed.
Procedure for meetings of the Central Council.
5. Procedure for meetings of the Central Council. (1) The Central Council shall meet as and when necessary, but 3*[at least one meeting] of the Council shall be held every year.
(2) The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
Objects of the Central Council. 6. Objects of the Central Council. The objects of the Central Council shall be to promote and protect the rights of the consumers such as,-- (a) the right to be protected against the marketing of goods 4*[and services] which are hazardous to life and property; --------------------------------------------------------------------- 1 Subs by Act 50 of 1993, s. 2 (w.e.f. 18-6-1993). 2 Subs by s. 3, ibid (w.e.f. 18-6-1993). 3 Subs by s. 4, ibid (w.e.f. 18-6-1993). 4 Ins. by s. 5, ibid (w.e.f. 18-6-1993). 1328 (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods 1*[or services,as the case may be] so as to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to a variety of goods 1*[and services] at competitive prices; (d) the right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums; (e) the right to seek redressal against unfair trade practices 1*[ or restrictive trade practices] or unscrupulous exploitation of consumers; and (f) the right to consumer education.
The State Consumer Protection Councils.
7. The State Consumer Protection Councils. (1) The State Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Consumer Protection Council for .......................(hereinafter referred to as the State Council).
2*[(2) The State Council shall consist of the following members, namely:-- (a) the Minister incharge of consumer affairs in the State Government who shall be its Chairman; (b) such number of other official or non-official members representing such interests as may be prescribed by the State Governments.
(3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year.
(4) The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government].
Objects of the State Council. 8. Objects of the State Council. The objects of every State Council shall be to promote and protect within the State the rights of the consumers laid down in clauses (a) to (f) of section 6. CHAP CONSUMER DISPUTES REDRESSAL AGENCIES CHAPTER III CONSUMER DISPUTES REDRESSAL AGENCIES
Establishment of Consumer Disputes Redressal Agencies. 9. Establishment of Consumer Disputes Redressal Agencies. There shall be established for the purposes of this Act, the following agencies, namely:-- (a) a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government 3*** in each district of the State by notification: 4*[Provided that the State Government may, if it deems fit, establish more than one District Forum in a district.] (b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government 3*** in the State by notification; and (c) a National Consumer Disputes Redressal Commission established by the Central Government by notification. 10 Composition of the District Forum.
Composition of the District Forum. 5*[(1) Each District Forum shall consist of-- (a) a person who is, or has been or is qualified to be a District Judge, who shall be its President; (b) two other members, who shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.]
6*[(1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:-- (i) President of the State Commission -- Chairman, (ii) Secretary, Law Department of the State -- Member, (iii) Secretary incharge of the Department dealing with cun- sumer affairs in the State --Members.]
(2) Every member of the District Forum shall hold office for a term of five years or up to the age of 65 years, whichever is earlier, and shall not be eligible for re-appointment: --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 5 (w.e.f. 18-6-1993). 2 Subs. by s. 6, ibid (w.e.f. 18-6-1993). 3 Certain words omitted by s. 7, ibid (w.e.f. 18-6-1993). 4 Ins. by s. 7, ibid. 5 Subs. s. 8, ibid (w.e.f. 18-6-1993). 6 Ins. by s. 8, ibid (w.e.f. 18-6-1993). 1329 Provided that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing any of the qualifications mentioned
in sub-section (1) in relation to the category of the member who has resigned.
(3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government.
Jurisdiction of the District Forum.
11. Jurisdiction of the District Forum. (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed 1*[does not exceed rupees five lakhs].
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,-- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 1*[carries an business or has a branch office or] personally words for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or 1*[carries on business or has a branch office] or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or 1*[carry on business, or have a branch office] or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.
Manner in which complaint shall be made. 2*[12. Manner in which complaint shall be made. A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by-- (a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or deli- vered or service provided or agreed to be provided is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central or the State Government. Explanation.-- For the purposes of this section, "recognised con- sumer association" means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.
Procedure on receipt of complaint.
13. Procedure on receipt of complaint. (1) The District Forum shall, on receipt of a complaint, if it relates to any goods,-- (a) refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained --------------------------------------------------------------------- 1 Subs. by Act 50 of 1993, s. 9 (w.e.f. 18-6-1993). 2 Subs. by s. 10, ibid (w.e.f. 18-6-1993). 1330 in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g); (c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum; (d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the District Forum may require the complainant to deposit to the credit of the Forum such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question; (e) the District Forum shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party; (f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the District Forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory; (g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 14.
(2) The District Forum shall, if the complaint received by it under section 12 relates to goods in respect of which the procedure
specified in sub-section (1) cannot be followed, or if the complaint relates to any services,-- (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any 1331 action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute,-- (i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or (ii) on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum.
(3) No proceedings complying with the procedure laid down in sub-
sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.
(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-- (i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath; (ii) the discovery and production of any document or other material object producible as evidence; (iii) the reception of evidence on affidavits; (iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source; (v) issuing of any commission for the examination of any witness; and (vi) any other matter which may be prescribed.
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
1*[(6) Where the complainant is a consumer referred to in sub-
clause (iv) of clause (b) of sub-section (1) of section 2, the pro- visions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modifi- cation that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.]
Finding of the District Forum.
14. Finding of the District Forum. (1) If, after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to 2*[do] one or more of the following things, namely:-- (a) to remove the defect pointed out by the appropriate laboratory from the goods in question; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant; --------------------------------------------------------------------- 1 Ins. by Act 50 of 1993, s. 11, (w.e.f. 18-6-1993). 2 Subs. by s. 12, ibid (w.e.f. 18-6-1993). 1332 (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. 1*[(e) to remove the defects or deficiencies in the servi- ces in question; (f) to discontinue the unfair trade practice or the restric- tive trade practice or not to repeat them; (g) not to offer the hazardous goods for sale; (h) to withdraw the hazardous goods from being offered for sale; (i) to provide for adequate costs to parties.]
2*[(2) Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Forum and at least one member thereof sitting together: Provided that where the member, for any reason, is unable to conduct the proceeding till it is completed, the President and the other member shall conduct such proceeding de novo.
(2A) Every order made by the District Forum under sub-section (1) shall be signed by its President and the member or members who conducted the proceeding: Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum.]
(3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government.
Appeal. 15. Appeal. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Composition of the State Commission.
16. Composition of the State Commission. (1) Each State Commission shall consist of-- (a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President: 3*[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;] (b) two other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman: 4*[Provided that every appointment under this clause. shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:-- (i) President of the State Commission -- Chairman, (ii) Secretary of the Law Department of the State -- Member, (iii) Secretary, incharge of the Department dealing with consumer affairs in the State -- Member.]
(2) The salary or honorarium and other allowances payable to, and the other terms and conditions of service 5***of, the members of the State Commission shall be such as may be prescribed by the State Government.
3*[(3) Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier and shall not be eligible for re-appointment.
(4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act, 1993, shall continue to hold such office as President or member, as the case may be, till the completion of his term].
Jurisdiction of the State Commission. 17. Jurisdiction of the State Commission. Subject to the other provisions of this Act, the State Commission shall have jurisdiction-- (a) to entertain-- (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 6*[five lakhs but does not exceed rupees twenty lakhs]; and (ii) appeals against the orders of any District Forum within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. --------------------------------------------------------------------- 1 Ins by Act 50 of 1993, s. 12 (w.e.f. 18-6-1993). 2 Subs. by Act 34 of 1991, S. 2 (w.e.f. 15-6-1991). 3 Ins. by Act 50 of 1993, s. 13 (w.e.f. 18-6-1993). 4 Subs. by s. 13, ibid (w.e.f. 18-6-1993). 5 Certain words omitted by s. 13, ibid (w.e.f. 18-6-1993). 6 Subs. by s. 14, ibid (w.e.f. 18-6-1993). 1333
Procedure applicable to State Commissions. 18. Procedure applicable to State Commissions. 1*[The provisions of sections 12, 13 and 14 and the rules made thereunder] for disposal of complaints by the District Forum shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the State Commission. 18A. Vacancy in the office of the President. 2*[18A. Vacancy in the office of the President. When the office of the President of the District Forum or of the State Commission, as the case may be, is vacant or when any such President is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such person, who is qualified to be appointed as President of the District Forum or, as the case may be, of the State Commission, as the State Government may appoint for the purpose.].
Appeals. 19. Appeals. Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Composition of the National Commission.
20. Composition of the National Commission. (1) The National Commission shall consist of-- (a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President: 3*[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;] (b) four other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman: 4*[Provided that every appointment under this clause shall be made by the Central Government on the recommendation of a selection committee consisting of the following, namely:-- (a) a person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of India -- Chairman, (b) the Secretary in the Department of Legal Affairs in the Government of India -- Member, (c) Secretary of the Department dealing with consumer affairs in the Government of India] -- Member.].
(2) The salary or honorarium and other allowances payable to and the other terms and conditions of service 5*** of the members of the National Commission shall be such as may be prescribed by the Central Government.
3*[(3) Every member of the National Commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier and shall not be eligible for re-appointment.
(4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act, 1993, shall continue to hold such office as President or member, as the case may be, till the completion of his term.]
Jurisdiction of the National Commission. 21. Jurisdiction of the National Commission. Subject to the other provisions of this Act, the National Commission shall have jurisdiction-- (a) to entertain-- (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 3*[twenty lakhs]; and (ii) appeals against the orders of any State Commission; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.
Procedure applicable to the National Commission. 7*[22. Procedure applicable to the National Commission. The National Commission shall, in the disposal of any complaints or of any proceedings before it, have -- (a) the powers of a civil court as specified in sub-sections
(4), (5) and (6) of section 13; (b) the power to issue an order to the opposite party direc- ting him to do any one or more of the things referred to in
clauses (a) to (i) of sub-section (1) of secction 14, and follow such procedure as may be prescribed by the Central Gove- nment.] --------------------------------------------------------------------- 1 Subs by 50 of 1993, s. 15 (w.e.f. 18-6-1993). 2 Ins. by the Act 34 of 1991, s. 3 (w.e.f. 15-6-1991) 3 Ins. by Act 50 of 1993, s. 16 (w.e.f. 18-6-1993). 4 Subs. by s. 16, ibid (w.e.f. 18-6-1993). 5 Certain words omitted by s. 16, ibid (w.e.f. 18-6-1993). 6 Subs. by s. 17, ibid (w.e.f. 18-6-1993). 7 Subs. by s. 18, ibid (w.e.f. 18-6-1993). 1334
Appeal 23. Appeal Any person, aggrieved by an order made by the National Commission in exercise of its power conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Finality of orders. 24. Finality of orders. Every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final. 24A Limitation period.
1*[24A. Limitation period. (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section
(1), if the complainant satisfies the District Forum, the State Comm- ission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint as this such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. 24B Administrative control.
24B. Administrative control. (1) The National Commission shall have administrative conntrol over all the State Commissions in the following matters, namely;-- (i) calling for periodical returns regarding the institution, disposal, pendency of cases; (ii) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furni- shing of English translation of judgments written in any language, speedy grant of copies of documents; (iii) generally overseeing the functioning of the State Commissions or the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfe- ring with their quasi-judicial freedom.
(2) The State Commission shall have administrative control over all the District Fora within its jurisdiction in all matters refer-
red to in sub-section (1).]
Enforcement of orders by the Forum, the State Commission or theNational Commission. 25. Enforcement of orders by the Forum, the State Commission or the National Commission. Every order made by the District Forum, the State Commission or the National Commission may be enforced by the District Forum, the State Commission or the National Commission, as the case may be, in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the District Forum, the State Commission or the National Commission to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,-- (a) in the case of an order against a company, the registered office of the company is situated, or (b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain is situated, and thereupon, the court to which the order is so sent, shall execute the orders as if it were a decree or order sent to it for execution.
Dismissal of frivolous or vexatious complaints. 2*[26. Dismissal of frivolous or vexatious complaints. Where a complaint instituted before the District Forum, the State Commission or, as the case may be, the National Commission is found to be frivo- lous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order.]
Penalties. 27. Penalties. Where a trader or a person against whom a complaint is made 3*[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 3*[or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both: Provided that the District Forum, the State Commission or the National Commission, as the case may be, may, if it is satisfied that the circumstances of any case so require, impose a sentence of imprisonment or fine, or both, for a term lesser than the minimum term and the amount lesser than the minimum amount, specified in this section. CHAP MISCELLANEOUS CHAPTER IV MISCELLANEOUS
Protection of action taken in good faith. 28. Protection of action taken in good faith. No suit, prosecution or other legal proceedings shall lie against the members of the District Forum, the State Commission or the National Commission or any officer or person acting under the direction of the District Forum, the State Commission or the National Commission for --------------------------------------------------------------------- 1 Ins by Act 50 of 1993, s. 19 (w.e.f. 18-6-1993). 2 Subs by s. 20, ibid (w.e.f. 18-6-1993). 3 Ins by s. 21, ibid (w.e.f. 18-6-1993). 1335 executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member, officer or person under this Act or under any rule or order made thereunder.
Power to remove difficulties.
29. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 29A. Vacancies or defects in appointment not in invalidate orders. 1*[29A. Vacancies or defects in appointment not to invalidate orders. No act or proceeding of the District Forum, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.]
Power to make rules.
30. Power to make rules. (1) The Central Government may, by notification, make rules for carrying out the provisions contained in
2* [clause (a) of sub-section (1) of section 2] clause (b) of
sub-section (2) of section 4, sub-section (2) of section 5, clause
(vi) of sub-section (4) of section 13, section 19, sub- section (2) of section 20 and section 22 of this Act.
(2) The State Government may, by notification, make rules for carrying out the provisions contained in 2*[clause (b) of sub-section
(2) and sub-section (4) of section 7], sub-section (3) of section 10,
clause (c) of sub-section (1) of section 13, sub-section (3) of
section 14, section 15 and sub-section (2) of section 16.
Laying of rules.
31. Laying of rules. (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. ---------------------------------------------------------------------- 1 Ins. by Act 34 of 1991, S. 4 (w.e.f 15-6-1991). 2 Ins. by Act 50 of 1993, s. 22 (w.e.f.18-6-1993).
சனி, 26 டிசம்பர், 2009
CONSUMER LAW
THE TAMIIL NADU
CONSUMER PROTECTION RULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)
No. S.R.O. A-158/88.- In exerciseo f the powersc onferred
by sub-section(2 ) of Section3 0 of the ConsumePr rotectionA ct,
1986,( CentraAl ct No. 68 of 1986)r, eadw ith S.O.N o. 390 (E),
publishedi n Part [I - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedl 5th April, 1987a nd S.0.N o. 568(E),
publishedi n Part II - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedt he 1OthJ une 1987,t he Governoro f
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be calledt he Tamil Nadu ConsumerP rotectionR ules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseR ules,u nlesst,h e contexto therwise
requires -
(a) 56Act" means the Consumer Protection Act, 1986
(Central Act No. 68 of t986) ;
(b) ,,Agent" means a person duly authorised by a party
to present any complaint or appeal or reply on its
behalf before the State Commission or the
District Forum ;
(c) ,oAppellant" means a party which makes an appeal
against the order of the District Forum ;
(d) ,,Memorandum"
means memorandum of appeal
filed by the appellant;
(e) "opposite party" means a person who answers
complaint or claim :
A ,opresident,' means the president of the State
Commission or District Forum as the case may be ;
(g) 'oRespondent" means the person who answers anv
memorandum of appeal ;
(h) o,section" means Section of the Act :
(i) ,.State" means the State of Tamil Nadu ;
(D words and expression used in the Rules and not
defined' but defined in the Act shall have the meanins
respectivelya ssignedto them in the Act.
3. salaries and other ailowancesa nd terms and conditions
or[fT thhee P Preressidideennot tf a tnhde Dmisetmribcte Frso oruf mth seh aDlirsr etrciceti vFeot hruem sa._la ry(ol )f
the Judgeo f a Districtc ourt, if appointedo n whoret ime basiso r
an honorarium of Rs. 150 (Rupees one hundred and fifty only)
per day subject to a maximum of 2[Rs. 2,100 (Rupels two
thousand one hundred only)l p.. rnonih, if appointed on part_
I NSouvbesmtrbtuetre, bd19y 9 c1.. o. Ms. No.4l4, co-operationF, ooda nd consumerp rotectiond, ated7 th
2.' SMuabys,t 1it9ut9e3d.b y G o. Ms. No. 344 co-operation,F ood and consumer protection,d ated 7th
time basis. r[The President of a District Forum shall receive
the transfert ravellinga llowancei f hej oins suchD istrict Forum
from out-sidet he District]. 2[Otherm embersi f sitting on whole
time basis,s hallr eceivea consolidatedh onorariumo f Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis,a consolidatedh onorariumo f Rs. 750 (RupeesS even
hundred and fifty only) per month in addition to Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquarters shall also receive the
conveyancea llowanceo f Rs. 150( Rupeeso neh undreda nd fifty
only) per month.l
(2) The Presidenat nd the memberso f the District Forum
shallb e entitledf or sucht ravellinga llou,ancea ndd aily allowance
on official tour as are admissible to Grade I Offlcer of the
Government of Tamil Nadu.
(3) The salary or honorarium as the case may be and other
allowancess hall be defrayedo ut of the ConsolidatedF und of the
Government of Tamil Nadu.
(4) Before appointmentt,h e Presidenta nd memberso f the
District Forum shall have to take an undertaking that he does not
and will not have any financial or such other interests as is likelv
to affect prejudicially his functions as a member.
(5) In additiont o provisiono f sub-section(2 ) of Sectionl 0
the Government of Tamil Nadu may remove from office, the
President and members of a District Forum who -
(a) has been adjudged as an insolvent, or
Insertedb y C.O. Ms. No. ll2, Co-operatioFn,o oda ndC onsumepr rotectiond, ated,27th
May 1996.
Substitutebdy No. SRO.A -178190d, ated2 9thN overnbe1r 990.
Addedb y G.O. Ms. No. 204,C o-operationF,o oda nd Consumepr rotectiond, ated3 0th
August,1994.
z
l
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
actinga s the Presidento r member,o r
@ hasa cquiredfi nancialo r otheri nterestsli kely to
affectp rejudiciallyh is functionsa st he president
or a membet, or
(e) hass oa busedh is positiona st o renderh is continuancei
n officep reludiciatl o thep ublic inrerest:
Providedt hat the Presidento r members hall not
ber emovedf rom his ofliceo n theg rounds pecified
in clauses(d ) and( e)o f thes ub-rule( 5) excepto n
an inquiry heldb y the Goygrnmenot f TanirlN adu
in accordancew ith ru.Ffiro..dure as it may'
specifyi n thisb ehalfa ndf indst he Presidenot r a
member to be guilty on such ground.
'[(5-A) The Governmenot f TamilN adum ay,a frere rr ing a
reasonableo pportunity of being heard,r emove front ottlce. a
membero f a DistrictF orumw ho hasn ot attendedtw o consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The Presidenot f the DistrictF orum shallb e liable
for transfer from one District to another District in case of anv
requesbt y him or on AdministrativeG rounds.]
(6) The termsa ndc onditionso f thes erviceo f the President
and the members of the District Forum shall not be r.aried to
their disadvantased urine their tenureo f office.
I Insertedb y C.O. Ms. No. l2l Co-operationF, ood and ConsumerP rotectiond aredl .lth
June 1996.
2 Substitutedb y G.O. Ms. No. 152,C o-operationF,o oda ndC onsumerp rotectiond aredl lth
August, 1998.
(7) where any vacancy occurs in the ofiice ofthe president
of the District Forum, the senior-most (in order of appointment)
member of District Forum, hording office for the time being, shall
discharge the functions of the president untir a person apiointed
to fill such vacancy assumes the office of the president of the
District Forum.
(8) when the president of the District Forum is unable to
dischargeth e functionso wing to absencei,lr nesso r any otherc ause,
the senior-mos(ti n ordero f thea ppointmentm) embero f theD istrict
Forum shall discharget he functiins of the presidentu ntir the day
on which the Presidenrte sumesth e chargeo f his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointmenitn or be connectedw ith the
managemenot r administrationo f an organisationw hich hasb eent he
subjecto f any proceedingu ndert heA ctduring his tenuref or a period
of 5 yearsf rom the dateo n which he ceasesto hold sucho ffice.
(10) In caseo f differenceo f opiniona mongt he members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinionso r orderso f the Forum shall be expressedin
terms of the view of the majority.
(11) (i) The president and the members shalr hord office
for_a term of five years or upto the age of 65 years whichever is
earliera nd shall not be eligiblef or re_appointmen;t
(ii) Notwithstanding anything contained in sub_
rule (i) the president or the member may --
' (a) by writing under his hand and addressed
to the Government of Tamil Nadu resign
his office at any time and on such
resignationb eing acceptedh, is office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarteros f the District. where StateG overnmentd ecides
to establisha singleD istrictF orumh avingj urisdictiono verm ore
than one district, it shail Notify the place and jurisdiction of the
District Forum so established.
(2) The working days and the office hours of the Disr.ct
Forum shall be the same as that of the Government orramit xaau
(3) The official seal of the District
follows:-
Forum shall be as
sear.- The seals ha'have two concentrica rcsb ea'ns thei nscriprionnsa, mely"D ISTRICTC ONSUMEoRt soutii
REDRESSAL F.RUM" and name of the District at the Centre.
(4) Sitting of the District Forum, as and when necessan.
shall be convened by the president.
(5) No act or proceedingso f the Distr^.,iF orum shat be
invalid by reasono nry of the existenceo f any vacancya mongl ts
Presidenot r memberso r any defecti n its constitution.
(6) StateG overnmenst halla ppoints uchs taff,a s ma1.be
necessaryto assistt he DistrictF orumi n its day-to-day* ,ork and
to perform such other functions as are provided und., the nct
and these Rures or assigned to it by the president. The sarary
payable to such staff shail be defrayed out of the consoridated
Fund of the State Govemment.
(7) Where the opposite party admits the allegation made
by the complainantt,h e DistrictF orums halld ecidet lie compraint
on the basis of the merit of the case and .documentsp ..r.n,
before it.
(8) If duringt he proceedingcso nductedu nderS ectionl 3,
the District Forum fixes a date for hearing of the parties, it shail
be obligatory on the complaint and opposite parfy or its authorised
agent to appear before the District Forum on such date of hearing
or any other date to which hearing could be adjourned. Where
the complainanto r his authoriseda gentf ails to appearb efbre the
District Forum on such day, the District Forum may in its
discretione itherd ismisst he complaintf or defaulto r decidei t on
merit. Where the opposite party or its authorised agent fails to
appear on the day of hearing the District Forum may decide the
complaint ex-parte.
(9) While proceedingu nders ub-rule( 8) theD istrictF orum
may, on such terms as it may think fit and at any stage, adjourn the
hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90
days from the date of notice received by the opposite party where
complaint does not require analysis or testing of the goods and
within 150d aysi f it requiresa nalysiso r testingo f the goods.
(10) Orders of the District Forum shall be signed and dated
by the members of the District Forum constituting the Bench
and shall be communicated to the parties free of charges.
5. Procedure to be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars, shall be presented by the
complainant in person or by his authorised agent to the District
Forum/ StateC ommissiono, r be sentb y registeredp ost addressed
to the District Forum / State Commission :-
(a) the name,d escriptiona nda ddresso f 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 complaint and when and where
it arose :
@ documenti n supporto f the allegationsc ontainedi n
the complaint ;
(e) the relief which complainanct laims.
Fsaeoncrau6tlimy.o sPn mi(s raloa )y cn deodidfr teueScrseett tch itntoeigco boonmef l 3 tpah ldieafo igncpoaotenondttds o sib dp.y-er o rtuvehinddend e eDet cwrie socst rrssaiecauptrs yaetF rt( arocetr)es u oo amifsm strpluibrcbert-s
of the goods packed in clean dry boitles orjars or other surrable
containersw hich shall be sufficientryt ight to prevent reakage,
evaporationo, r in the caseo f dry rrbriunc" entranceo f moisture.
with a paper slip wrapped and pasted on the container in *.hich
ftahcet suirgenr,af rtoumreo wr thhoumm tbhi em gporoedsss aioreno p f uihrceh paesresdos nh,ta rlal dbee rao frf rmxeadn :u-
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
wori tntheusmss bh-aimll bpere tsaskieonni t,nh eth sei gsnaamteum reao nr ntehru.mU_l_p..rrio'no f u
(2) on receivingt he sampreso f suchg oods,t he Drst.ct
iFnoforurmnia sthioanll: f-i*x lableso n the containersc arryingt he folrour ng
(i) Name and addresso f the appropriatel aborarory
to whom the sample will be sent for analvsis
and test :
(ii) Name and address of the District Forum :
(iii) Case Number ;
(iv) Nature of articles sent for analysis and tesr :
(y) Seal of the District Forum.
(3) The containero f samples hallb e completelyu .rapped
in fairly strong thick paper, the ends of the pup.. shali ue neatry
folded in and affixed by means of gum or adhesive. The paper
cover shall be further secured by means of strong twine or thread
both above and across the container and the twine of thread shall
then be fastened on the paper cover by means of sealing wax on
which theres hall be at leastf our distinct and clear impressionso f
the seal of which one shall be at the top of the packet, one at the
bottom of the packet and the other two on the body of the packet.
Thek notso f thet wine or threads hallb e coveredb y meanso f sealing
wax bearingt he impressionso f the sealo f the District Forum.
(4) One of the sealedc ontainersw ill be retainedb y the
District Forum for future reference and another will be sent to
the appropriatela boratoryb y the District Forum for sendingr eport
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
allegeda nd dateo f submissiono f the report.
(5) The quantityo f sample,i n caseo f food samples,f or
analysiss hallb e as specifiedu nderR ule 22 of the Preventiono f
Food Adulteration Rules, 1955.
(6) A specimen impression of the seal used to seal the
container of the sample packet will be sent to the appropriate
laboratorys eparatelyb y the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriatel aboratory.
7. Salary and other allowances and terms and conditions
of the President and members of the State Commission.-
(1) I[The President of the State Commission shall receive the
salary, allowances and other perquisites as are applicable to a
I Substitutedb y C.O. Ms. No. 408. Co-operation,F ood and ConsumerP rotection,d ated 2nd
September,1992.
p:e:: irdl' [a[lry o t,irl :,l,i: :l ]lTo":i':9-w* hore-btium,ieo,1 .u
nlilil;ir"L}:,
:n ,*rrHi HJ l::f t * l
ffi1ffi":r;jl,'";," *;;i;_i*:b as,isr,,u iil...ra\e
onry)p erm onth
norariumo f Rs'3 '0006 up.." irr.i.' ,rrorruno no ,,oum. ;ui 'i,:r:f , ld i:#J:,.".:if lf:ji H:, r ux lru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharar rsore cee,r r he
per month.]
uunteo f Rs' 1'000( Rupeeosn et iorruno onr"t
ssions (h2a) lTl bhee pe rliegsibidleef noat, n ,dut Jh em, .ue"m.,rb,enr*os u f ftfhoe*u Snta..t eJC no 0mum,,,i_ fi; i,T:i,f,fX T:IHf f :;; r,i,u rt.o o .J, .I olic,e r o r
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhec onsolidaet.*Jo or theG oer rnmeonrr
(4) The president
StateC ommissions hall hold and the members oi rhe
"m..
,", :il:,,:';::$n#il*;:J#.lf:;fi i ;n; :
provided that president and members may :_-
(a) Sbyta wterGi tionvge urnnmdeernh rti es shiagnndh a isn odf afidcder re"rsls 1e1dto" , r.,h e
(b) pbreo rveimsioonveso dff rsoumb _hrisu loe(f5 fi)c.e in accordanceu .rrh
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsrirutedfo r the words..70y ears,,byN o. S.R.O.A _7g/90d ated3 0th Nla_v1 990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office Presidento r membero f the StateC ommissionw ho, -
(a) hasb eena djudgeda s an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude ; or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
acting as President or a member ; or
(d) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
President or a member ; or
(e) has so abused his position as to render his
continuance in office prejudicial to public
interest :
Provided that the President or a member shall not be
removedf rom his office on the grounds pecifiedi n clauses( d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordancwe ith suchp rocedurea si t may specifl'
in this behalf and finds the President or a member to be euiltv on
such ground.
'[(5-A) The Government of Tamil Nadu may, after giving
reasonableo pportunity of being heard,r emove from office a
member of the State Commission who has not attended two
consecutives ittingso f the StateC ommissionw ithout sufficient
causes.]
(6) Beforea ppointmentP, residenat ndm emberso f the State
Commissions hall havet o take an undertakinet hat he doesn ot
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
taon adfw feilcl tn poret jhuadviceia anryy shuisc fhuf inncatinocnisaa lo sr portehseirdi ennteto re, sut -sa. rsi ;r;s. rike"r'v
(7) The terms and conditions of the service of the president
tahnedir t hdeis madevmabnetargso edf uthrien Sg ttahteeicr otemnmurieso sfi oonfsf ihcea.rr' ot be ra'ed to
sthueb P-rrue(lse8(i )d4 Ee) nvooter r ro ayt nhvyea orcwtahinescermsy ch eaamurs bbeeed. bof iyflr terhedes b Sigyta nfrtaeetc isoohmnaa npmdpis oresinimotmnou re.nandlto e.fr
StdoPoitrrs adefciteslehlriC ad os(orefu9g mnca)etot hmph wfv pe ihtaso fheusciernniae ostcn mnttaaci.enotyaenyn s tcss)ohso ufoum ctlmhhdm eiveni aisstrghcse oaeisofn iofndcifc,eytf ehin oc etcfe, o cs" orrue ifrtn, sh,ti h ioe.ne r t;n i;tpmrhrro"eee;s; s o;rbm"i fd,ef;ieeicrn:ncn;sr.ot .b. f tse -htrt(h haineell
(10) when thep residenot f the Statec omnrissionis .:iirabre
sctotaa udtseisec c,oth hmaemr sgeiestnhs ieioo frnum s nohcsattil mord neissom cwbhieanrr(g git neot h o aerbd fsueenr oncftc iaeoipr,n npsoe" ifs; ,ts;ho *e;r; Da', nre,o,so ir tdthheeenrt
fuunnticl ttihoen ds.ay on which the presidentr esumest he charseo : his
hfbtaohoesrele sda mnu s t pachuhene(cls r ash ilhugoo) a bedfTfljm oilehc nfceee otfon . ptiofv thr raeeo an syldydied mp aaernironnsyctif o ,sear rotepi amadpniio intyoihgn munoe tn emf dd amaeentrbnte ohietn o rergc n o Aea rwcan bthsi,se iidcna cuhgtotri ooihnnn *ehng rehh crciielscdra htre rse dhi,enl, al,su"rr,,_i ro ,ehe r.
iaonnf ttdeh trehm Se(s tor ao2pft)i e ntCrh niooe cnm va oimserew ioos srfs daoioef d nrtisthf,ohf eefe mrt oehpaneiicon cerioioin tmnv oo. mpfi irnsnis.oi omnan a,m hjoourntittg"]t.b ,h n.e .ur ntptr pre.r,nerr.,ba ue,trs
8. Places of sitting and other matters relating to State
Commission.- (1) The office of the State Commission shall be
located at Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official seal of the State Government
shall be as follows :-
Emblem.- The State Commission as Head of the
Department shall use the State Emblem in their official letter
heads, namely "single colour black Emblem in full with
designationw ithin two concentrica rcso f two-thirdso f a circle."
Seal.- The seal shall have two concentric arcs of twothirds
of a circle with the inscriptions, namely, "STATE
CONSUME,R DISPUTES REDRESSAL COMMISSION" ANd
rvith the State Emblem at the centre.
(4) Sitting of the State Commission, as and when necessary
shall be convened by the President.
(5) No act or proceedingso f the StateC ommissions hall
be invalid by reasonso nly of the existenceo f any vacancya mong
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessaryto assistt he StateC ommissioni n its
work aird to perform such other functions as are provided under
the Act and these Rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidateti Fund of the Government of Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complaint on the basis of the merit of the case and documents
presentedb eforei t.
(8) Ifduring the proceedingcso nductedu nderS ection1 3,
StateC ommissionf ixes a datef or hearingo f the parties,i t shall
be obligatory on the complainant and opposite party or his
authorised agent to appear before the State Commission on such
date of hearing or any other date to which hearing could be
adjourned. Where the complainant or his authorised agent fails
to appear before the State Commission on such day, the State
Commission may in its discretion either dismiss the complaint
for defaulto r decidei t on merits.W heret he oppositep artv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedingsu nders ub-rule( 8) the StateC onimission
may, on such terms as it may think fit and at an-us"t age'o f
the proceedingsa djournt he hearingo f the complaintb ut not more
thano nea djournmenst hallo rdinarilyb e givena ndt he complaint
shall be decided within 90 days from the date of notice receir-ed
by the opposite parfy where the complaint does not requtre anall'sis
or testingo f the goodsa ndw ithin 150d aysi f it requiresa nalvsis
or testing of the goods.
(10) Orderso f the StateC ommissions hallb e signeda nd
datedb y the memberso f the StateC ommissionc onstitutingt he
Bench and shall be communicatedto the partiesf ree of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
StateC ommissionin pers'ono r sentb y registeredp ost addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
cacoorgnnussemisceeurnytuit vo nerd leyn.rad rirsatitnivcet h aenadd ss,tu hceh g grorounudnsdo sf haapp' ebaerw nituhmoubte arneyd
oacfne dort bsifujieec(cdh3tco i)oo f Epnthmy ae oce dfhn ot tmhcioeuen ommereddoine nrtar sot anh fsd et mhu maemlyD sm bhisoeatr rrlaelic nbqtdueF ui oramercud.ctm oo a mspupppaepnaoilreetg ddabr ogyua ntihndsest
acfaoopocfr pmctleoihm'ram tiilthws( pa4esiatt)i ihn fooWaiinnnech t dbthtea h yoanse nt a t sphh npweee aer ahhipcopiapcipdfslhie ioe sc afadua lilp i ftsinfimp oip cetnirithsete atuesnatp eitAnoc pnincraot ete,ur,rdt saieM eefdtfbs eeo yt mrro t ahn osneora a aet tnfpxifsdpridefiuryafmye tv hor sirtfeh s ipn aeSeg,trt tt iahibonteedeg
memor(a5n)d Tumhte o athpep SettaatneC t sohmam' isssuiobnmf oirt fooffuicri aclo iupripeosr o.sf. the
opaoSaamrfgrputot adaehptcyehtneeee cobtc lef c ilreoadad(ai smei6en arsiex) sottdme O-d otrjp.aoo i hnnsag ui asttrserhhtipn eanoeepe autn dmsemdnt at hae,idotat orre o syi sorat hn, iohfips ah nfasep ie tuilldhe tlaad csbe agreh edi crecnb d iaoinsgdeasbcot fefte rarroet .ieI haigr ,frtt eenashrio e ytt aieohons op eS erp,atpy hi otpftSe aeohnpattrreddaee r etre cata dh xenoyrioe-o sc t tmpn orpmoa mh samwriiusrtsihmetscs iait osech hiusnihds eotso ahhm anirteoop s eetarnhph,ritrs. iaeheit Ienslaeifldrgr
lgCoCerbaooojvmumeencmm odtfi(isi ios7ts ohsn)ifo ei sToon nShnb,oet ,ijau net a tr cespgdtC eipeeotoe cnofmlio rlsda rmeibtnnhteiftgss o i tshnhrhitae ohetlan hl ru nurn edpno i pitdtmnr,e.e e eur sxmi mt,uhc ,eoipetsm rppu Raotolb nlurr ytadnl eo nuol ef:dtm a uacb vmnoueyno o t rf gfi t ntrhtaoheekue t eons Sn tdta tb haotyetefe
ow0pnhp oao nrmytuP aonrtyoiht yveb iored gf e arbdofe futbihnncadgtts e hto hdete aht hrcedeorb rtrheyna brtnnhyi et,sh h sSoaitossaen tbss eehpc eoaenm,c i ngfmioievitdse rus neino srante ti.st srs te dhaeesc pri aosrinoteyn
(8) State Commission may, .on
tfhita ann odn aet aadnjyo sutrangme,ea l_l djournth e hearisnugco hf taeprmpesa als,b iut tm naoyt mthoinrke
:h"]l
should be decidedw ithin g0. doardysin naornil.y,bt re,. g fiivrsetn d aanted o thf eh eaaprpinega.l
fcsroiegnens oetfi dt(cua 9htn)ian drOgg tdr hedae.et Ber edon bf cythh ta ehn eSd tm sahteeamC ilb boeem rcmsoo mifs msthiouenn oS icntaa atteepdtcp o oe tmahlems phiaasrsllt iiboeens
--
S.Sivasubramaniam
President CCHEP
Cemter for Consumer Humanrights & Environment protection
Pandalur Pandalur (Po & Tk)
The Nilgiris 643 233
TamilnaduTHE TAMIIL NADU
CONSUMER PROTECTION RULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)
No. S.R.O. A-158/88.- In exerciseo f the powersc onferred
by sub-section(2 ) of Section3 0 of the ConsumePr rotectionA ct,
1986,( CentraAl ct No. 68 of 1986)r, eadw ith S.O.N o. 390 (E),
publishedi n Part [I - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedl 5th April, 1987a nd S.0.N o. 568(E),
publishedi n Part II - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedt he 1OthJ une 1987,t he Governoro f
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be calledt he Tamil Nadu ConsumerP rotectionR ules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseR ules,u nlesst,h e contexto therwise
requires -
(a) 56Act" means the Consumer Protection Act, 1986
(Central Act No. 68 of t986) ;
(b) ,,Agent" means a person duly authorised by a party
to present any complaint or appeal or reply on its
behalf before the State Commission or the
District Forum ;
(c) ,oAppellant" means a party which makes an appeal
against the order of the District Forum ;
(d) ,,Memorandum"
means memorandum of appeal
filed by the appellant;
(e) "opposite party" means a person who answers
complaint or claim :
A ,opresident,' means the president of the State
Commission or District Forum as the case may be ;
(g) 'oRespondent" means the person who answers anv
memorandum of appeal ;
(h) o,section" means Section of the Act :
(i) ,.State" means the State of Tamil Nadu ;
(D words and expression used in the Rules and not
defined' but defined in the Act shall have the meanins
respectivelya ssignedto them in the Act.
3. salaries and other ailowancesa nd terms and conditions
or[fT thhee P Preressidideennot tf a tnhde Dmisetmribcte Frso oruf mth seh aDlirsr etrciceti vFeot hruem sa._la ry(ol )f
the Judgeo f a Districtc ourt, if appointedo n whoret ime basiso r
an honorarium of Rs. 150 (Rupees one hundred and fifty only)
per day subject to a maximum of 2[Rs. 2,100 (Rupels two
thousand one hundred only)l p.. rnonih, if appointed on part_
I NSouvbesmtrbtuetre, bd19y 9 c1.. o. Ms. No.4l4, co-operationF, ooda nd consumerp rotectiond, ated7 th
2.' SMuabys,t 1it9ut9e3d.b y G o. Ms. No. 344 co-operation,F ood and consumer protection,d ated 7th
time basis. r[The President of a District Forum shall receive
the transfert ravellinga llowancei f hej oins suchD istrict Forum
from out-sidet he District]. 2[Otherm embersi f sitting on whole
time basis,s hallr eceivea consolidatedh onorariumo f Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis,a consolidatedh onorariumo f Rs. 750 (RupeesS even
hundred and fifty only) per month in addition to Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquarters shall also receive the
conveyancea llowanceo f Rs. 150( Rupeeso neh undreda nd fifty
only) per month.l
(2) The Presidenat nd the memberso f the District Forum
shallb e entitledf or sucht ravellinga llou,ancea ndd aily allowance
on official tour as are admissible to Grade I Offlcer of the
Government of Tamil Nadu.
(3) The salary or honorarium as the case may be and other
allowancess hall be defrayedo ut of the ConsolidatedF und of the
Government of Tamil Nadu.
(4) Before appointmentt,h e Presidenta nd memberso f the
District Forum shall have to take an undertaking that he does not
and will not have any financial or such other interests as is likelv
to affect prejudicially his functions as a member.
(5) In additiont o provisiono f sub-section(2 ) of Sectionl 0
the Government of Tamil Nadu may remove from office, the
President and members of a District Forum who -
(a) has been adjudged as an insolvent, or
Insertedb y C.O. Ms. No. ll2, Co-operatioFn,o oda ndC onsumepr rotectiond, ated,27th
May 1996.
Substitutebdy No. SRO.A -178190d, ated2 9thN overnbe1r 990.
Addedb y G.O. Ms. No. 204,C o-operationF,o oda nd Consumepr rotectiond, ated3 0th
August,1994.
z
l
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
actinga s the Presidento r member,o r
@ hasa cquiredfi nancialo r otheri nterestsli kely to
affectp rejudiciallyh is functionsa st he president
or a membet, or
(e) hass oa busedh is positiona st o renderh is continuancei
n officep reludiciatl o thep ublic inrerest:
Providedt hat the Presidento r members hall not
ber emovedf rom his ofliceo n theg rounds pecified
in clauses(d ) and( e)o f thes ub-rule( 5) excepto n
an inquiry heldb y the Goygrnmenot f TanirlN adu
in accordancew ith ru.Ffiro..dure as it may'
specifyi n thisb ehalfa ndf indst he Presidenot r a
member to be guilty on such ground.
'[(5-A) The Governmenot f TamilN adum ay,a frere rr ing a
reasonableo pportunity of being heard,r emove front ottlce. a
membero f a DistrictF orumw ho hasn ot attendedtw o consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The Presidenot f the DistrictF orum shallb e liable
for transfer from one District to another District in case of anv
requesbt y him or on AdministrativeG rounds.]
(6) The termsa ndc onditionso f thes erviceo f the President
and the members of the District Forum shall not be r.aried to
their disadvantased urine their tenureo f office.
I Insertedb y C.O. Ms. No. l2l Co-operationF, ood and ConsumerP rotectiond aredl .lth
June 1996.
2 Substitutedb y G.O. Ms. No. 152,C o-operationF,o oda ndC onsumerp rotectiond aredl lth
August, 1998.
(7) where any vacancy occurs in the ofiice ofthe president
of the District Forum, the senior-most (in order of appointment)
member of District Forum, hording office for the time being, shall
discharge the functions of the president untir a person apiointed
to fill such vacancy assumes the office of the president of the
District Forum.
(8) when the president of the District Forum is unable to
dischargeth e functionso wing to absencei,lr nesso r any otherc ause,
the senior-mos(ti n ordero f thea ppointmentm) embero f theD istrict
Forum shall discharget he functiins of the presidentu ntir the day
on which the Presidenrte sumesth e chargeo f his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointmenitn or be connectedw ith the
managemenot r administrationo f an organisationw hich hasb eent he
subjecto f any proceedingu ndert heA ctduring his tenuref or a period
of 5 yearsf rom the dateo n which he ceasesto hold sucho ffice.
(10) In caseo f differenceo f opiniona mongt he members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinionso r orderso f the Forum shall be expressedin
terms of the view of the majority.
(11) (i) The president and the members shalr hord office
for_a term of five years or upto the age of 65 years whichever is
earliera nd shall not be eligiblef or re_appointmen;t
(ii) Notwithstanding anything contained in sub_
rule (i) the president or the member may --
' (a) by writing under his hand and addressed
to the Government of Tamil Nadu resign
his office at any time and on such
resignationb eing acceptedh, is office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarteros f the District. where StateG overnmentd ecides
to establisha singleD istrictF orumh avingj urisdictiono verm ore
than one district, it shail Notify the place and jurisdiction of the
District Forum so established.
(2) The working days and the office hours of the Disr.ct
Forum shall be the same as that of the Government orramit xaau
(3) The official seal of the District
follows:-
Forum shall be as
sear.- The seals ha'have two concentrica rcsb ea'ns thei nscriprionnsa, mely"D ISTRICTC ONSUMEoRt soutii
REDRESSAL F.RUM" and name of the District at the Centre.
(4) Sitting of the District Forum, as and when necessan.
shall be convened by the president.
(5) No act or proceedingso f the Distr^.,iF orum shat be
invalid by reasono nry of the existenceo f any vacancya mongl ts
Presidenot r memberso r any defecti n its constitution.
(6) StateG overnmenst halla ppoints uchs taff,a s ma1.be
necessaryto assistt he DistrictF orumi n its day-to-day* ,ork and
to perform such other functions as are provided und., the nct
and these Rures or assigned to it by the president. The sarary
payable to such staff shail be defrayed out of the consoridated
Fund of the State Govemment.
(7) Where the opposite party admits the allegation made
by the complainantt,h e DistrictF orums halld ecidet lie compraint
on the basis of the merit of the case and .documentsp ..r.n,
before it.
(8) If duringt he proceedingcso nductedu nderS ectionl 3,
the District Forum fixes a date for hearing of the parties, it shail
be obligatory on the complaint and opposite parfy or its authorised
agent to appear before the District Forum on such date of hearing
or any other date to which hearing could be adjourned. Where
the complainanto r his authoriseda gentf ails to appearb efbre the
District Forum on such day, the District Forum may in its
discretione itherd ismisst he complaintf or defaulto r decidei t on
merit. Where the opposite party or its authorised agent fails to
appear on the day of hearing the District Forum may decide the
complaint ex-parte.
(9) While proceedingu nders ub-rule( 8) theD istrictF orum
may, on such terms as it may think fit and at any stage, adjourn the
hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90
days from the date of notice received by the opposite party where
complaint does not require analysis or testing of the goods and
within 150d aysi f it requiresa nalysiso r testingo f the goods.
(10) Orders of the District Forum shall be signed and dated
by the members of the District Forum constituting the Bench
and shall be communicated to the parties free of charges.
5. Procedure to be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars, shall be presented by the
complainant in person or by his authorised agent to the District
Forum/ StateC ommissiono, r be sentb y registeredp ost addressed
to the District Forum / State Commission :-
(a) the name,d escriptiona nda ddresso f 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 complaint and when and where
it arose :
@ documenti n supporto f the allegationsc ontainedi n
the complaint ;
(e) the relief which complainanct laims.
Fsaeoncrau6tlimy.o sPn mi(s raloa )y cn deodidfr teueScrseett tch itntoeigco boonmef l 3 tpah ldieafo igncpoaotenondttds o sib dp.y-er o rtuvehinddend e eDet cwrie socst rrssaiecauptrs yaetF rt( arocetr)es u oo amifsm strpluibrcbert-s
of the goods packed in clean dry boitles orjars or other surrable
containersw hich shall be sufficientryt ight to prevent reakage,
evaporationo, r in the caseo f dry rrbriunc" entranceo f moisture.
with a paper slip wrapped and pasted on the container in *.hich
ftahcet suirgenr,af rtoumreo wr thhoumm tbhi em gporoedsss aioreno p f uihrceh paesresdos nh,ta rlal dbee rao frf rmxeadn :u-
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
wori tntheusmss bh-aimll bpere tsaskieonni t,nh eth sei gsnaamteum reao nr ntehru.mU_l_p..rrio'no f u
(2) on receivingt he sampreso f suchg oods,t he Drst.ct
iFnoforurmnia sthioanll: f-i*x lableso n the containersc arryingt he folrour ng
(i) Name and addresso f the appropriatel aborarory
to whom the sample will be sent for analvsis
and test :
(ii) Name and address of the District Forum :
(iii) Case Number ;
(iv) Nature of articles sent for analysis and tesr :
(y) Seal of the District Forum.
(3) The containero f samples hallb e completelyu .rapped
in fairly strong thick paper, the ends of the pup.. shali ue neatry
folded in and affixed by means of gum or adhesive. The paper
cover shall be further secured by means of strong twine or thread
both above and across the container and the twine of thread shall
then be fastened on the paper cover by means of sealing wax on
which theres hall be at leastf our distinct and clear impressionso f
the seal of which one shall be at the top of the packet, one at the
bottom of the packet and the other two on the body of the packet.
Thek notso f thet wine or threads hallb e coveredb y meanso f sealing
wax bearingt he impressionso f the sealo f the District Forum.
(4) One of the sealedc ontainersw ill be retainedb y the
District Forum for future reference and another will be sent to
the appropriatela boratoryb y the District Forum for sendingr eport
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
allegeda nd dateo f submissiono f the report.
(5) The quantityo f sample,i n caseo f food samples,f or
analysiss hallb e as specifiedu nderR ule 22 of the Preventiono f
Food Adulteration Rules, 1955.
(6) A specimen impression of the seal used to seal the
container of the sample packet will be sent to the appropriate
laboratorys eparatelyb y the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriatel aboratory.
7. Salary and other allowances and terms and conditions
of the President and members of the State Commission.-
(1) I[The President of the State Commission shall receive the
salary, allowances and other perquisites as are applicable to a
I Substitutedb y C.O. Ms. No. 408. Co-operation,F ood and ConsumerP rotection,d ated 2nd
September,1992.
p:e:: irdl' [a[lry o t,irl :,l,i: :l ]lTo":i':9-w* hore-btium,ieo,1 .u
nlilil;ir"L}:,
:n ,*rrHi HJ l::f t * l
ffi1ffi":r;jl,'";," *;;i;_i*:b as,isr,,u iil...ra\e
onry)p erm onth
norariumo f Rs'3 '0006 up.." irr.i.' ,rrorruno no ,,oum. ;ui 'i,:r:f , ld i:#J:,.".:if lf:ji H:, r ux lru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharar rsore cee,r r he
per month.]
uunteo f Rs' 1'000( Rupeeosn et iorruno onr"t
ssions (h2a) lTl bhee pe rliegsibidleef noat, n ,dut Jh em, .ue"m.,rb,enr*os u f ftfhoe*u Snta..t eJC no 0mum,,,i_ fi; i,T:i,f,fX T:IHf f :;; r,i,u rt.o o .J, .I olic,e r o r
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhec onsolidaet.*Jo or theG oer rnmeonrr
(4) The president
StateC ommissions hall hold and the members oi rhe
"m..
,", :il:,,:';::$n#il*;:J#.lf:;fi i ;n; :
provided that president and members may :_-
(a) Sbyta wterGi tionvge urnnmdeernh rti es shiagnndh a isn odf afidcder re"rsls 1e1dto" , r.,h e
(b) pbreo rveimsioonveso dff rsoumb _hrisu loe(f5 fi)c.e in accordanceu .rrh
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsrirutedfo r the words..70y ears,,byN o. S.R.O.A _7g/90d ated3 0th Nla_v1 990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office Presidento r membero f the StateC ommissionw ho, -
(a) hasb eena djudgeda s an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude ; or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
acting as President or a member ; or
(d) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
President or a member ; or
(e) has so abused his position as to render his
continuance in office prejudicial to public
interest :
Provided that the President or a member shall not be
removedf rom his office on the grounds pecifiedi n clauses( d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordancwe ith suchp rocedurea si t may specifl'
in this behalf and finds the President or a member to be euiltv on
such ground.
'[(5-A) The Government of Tamil Nadu may, after giving
reasonableo pportunity of being heard,r emove from office a
member of the State Commission who has not attended two
consecutives ittingso f the StateC ommissionw ithout sufficient
causes.]
(6) Beforea ppointmentP, residenat ndm emberso f the State
Commissions hall havet o take an undertakinet hat he doesn ot
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
taon adfw feilcl tn poret jhuadviceia anryy shuisc fhuf inncatinocnisaa lo sr portehseirdi ennteto re, sut -sa. rsi ;r;s. rike"r'v
(7) The terms and conditions of the service of the president
tahnedir t hdeis madevmabnetargso edf uthrien Sg ttahteeicr otemnmurieso sfi oonfsf ihcea.rr' ot be ra'ed to
sthueb P-rrue(lse8(i )d4 Ee) nvooter r ro ayt nhvyea orcwtahinescermsy ch eaamurs bbeeed. bof iyflr terhedes b Sigyta nfrtaeetc isoohmnaa npmdpis oresinimotmnou re.nandlto e.fr
StdoPoitrrs adefciteslehlriC ad os(orefu9g mnca)etot hmph wfv pe ihtaso fheusciernniae ostcn mnttaaci.enotyaenyn s tcss)ohso ufoum ctlmhhdm eiveni aisstrghcse oaeisofn iofndcifc,eytf ehin oc etcfe, o cs" orrue ifrtn, sh,ti h ioe.ne r t;n i;tpmrhrro"eee;s; s o;rbm"i fd,ef;ieeicrn:ncn;sr.ot .b. f tse -htrt(h haineell
(10) when thep residenot f the Statec omnrissionis .:iirabre
sctotaa udtseisec c,oth hmaemr sgeiestnhs ieioo frnum s nohcsattil mord neissom cwbhieanrr(g git neot h o aerbd fsueenr oncftc iaeoipr,n npsoe" ifs; ,ts;ho *e;r; Da', nre,o,so ir tdthheeenrt
fuunnticl ttihoen ds.ay on which the presidentr esumest he charseo : his
hfbtaohoesrele sda mnu s t pachuhene(cls r ash ilhugoo) a bedfTfljm oilehc nfceee otfon . ptiofv thr raeeo an syldydied mp aaernironnsyctif o ,sear rotepi amadpniio intyoihgn munoe tn emf dd amaeentrbnte ohietn o rergc n o Aea rwcan bthsi,se iidcna cuhgtotri ooihnnn *ehng rehh crciielscdra htre rse dhi,enl, al,su"rr,,_i ro ,ehe r.
iaonnf ttdeh trehm Se(s tor ao2pft)i e ntCrh niooe cnm va oimserew ioos srfs daoioef d nrtisthf,ohf eefe mrt oehpaneiicon cerioioin tmnv oo. mpfi irnsnis.oi omnan a,m hjoourntittg"]t.b ,h n.e .ur ntptr pre.r,nerr.,ba ue,trs
8. Places of sitting and other matters relating to State
Commission.- (1) The office of the State Commission shall be
located at Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official seal of the State Government
shall be as follows :-
Emblem.- The State Commission as Head of the
Department shall use the State Emblem in their official letter
heads, namely "single colour black Emblem in full with
designationw ithin two concentrica rcso f two-thirdso f a circle."
Seal.- The seal shall have two concentric arcs of twothirds
of a circle with the inscriptions, namely, "STATE
CONSUME,R DISPUTES REDRESSAL COMMISSION" ANd
rvith the State Emblem at the centre.
(4) Sitting of the State Commission, as and when necessary
shall be convened by the President.
(5) No act or proceedingso f the StateC ommissions hall
be invalid by reasonso nly of the existenceo f any vacancya mong
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessaryto assistt he StateC ommissioni n its
work aird to perform such other functions as are provided under
the Act and these Rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidateti Fund of the Government of Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complaint on the basis of the merit of the case and documents
presentedb eforei t.
(8) Ifduring the proceedingcso nductedu nderS ection1 3,
StateC ommissionf ixes a datef or hearingo f the parties,i t shall
be obligatory on the complainant and opposite party or his
authorised agent to appear before the State Commission on such
date of hearing or any other date to which hearing could be
adjourned. Where the complainant or his authorised agent fails
to appear before the State Commission on such day, the State
Commission may in its discretion either dismiss the complaint
for defaulto r decidei t on merits.W heret he oppositep artv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedingsu nders ub-rule( 8) the StateC onimission
may, on such terms as it may think fit and at an-us"t age'o f
the proceedingsa djournt he hearingo f the complaintb ut not more
thano nea djournmenst hallo rdinarilyb e givena ndt he complaint
shall be decided within 90 days from the date of notice receir-ed
by the opposite parfy where the complaint does not requtre anall'sis
or testingo f the goodsa ndw ithin 150d aysi f it requiresa nalvsis
or testing of the goods.
(10) Orderso f the StateC ommissions hallb e signeda nd
datedb y the memberso f the StateC ommissionc onstitutingt he
Bench and shall be communicatedto the partiesf ree of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
StateC ommissionin pers'ono r sentb y registeredp ost addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
cacoorgnnussemisceeurnytuit vo nerd leyn.rad rirsatitnivcet h aenadd ss,tu hceh g grorounudnsdo sf haapp' ebaerw nituhmoubte arneyd
oacfne dort bsifujieec(cdh3tco i)oo f Epnthmy ae oce dfhn ot tmhcioeuen ommereddoine nrtar sot anh fsd et mhu maemlyD sm bhisoeatr rrlaelic nbqtdueF ui oramercud.ctm oo a mspupppaepnaoilreetg ddabr ogyua ntihndsest
acfaoopocfr pmctleoihm'ram tiilthws( pa4esiatt)i ihn fooWaiinnnech t dbthtea h yoanse nt a t sphh npweee aer ahhipcopiapcipdfslhie ioe sc afadua lilp i ftsinfimp oip cetnirithsete atuesnatp eitAnoc pnincraot ete,ur,rdt saieM eefdtfbs eeo yt mrro t ahn osneora a aet tnfpxifsdpridefiuryafmye tv hor sirtfeh s ipn aeSeg,trt tt iahibonteedeg
memor(a5n)d Tumhte o athpep SettaatneC t sohmam' isssuiobnmf oirt fooffuicri aclo iupripeosr o.sf. the
opaoSaamrfgrputot adaehptcyehtneeee cobtc lef c ilreoadad(ai smei6en arsiex) sottdme O-d otrjp.aoo i hnnsag ui asttrserhhtipn eanoeepe autn dmsemdnt at hae,idotat orre o syi sorat hn, iohfips ah nfasep ie tuilldhe tlaad csbe agreh edi crecnb d iaoinsgdeasbcot fefte rarroet .ieI haigr ,frtt eenashrio e ytt aieohons op eS erp,atpy hi otpftSe aeohnpattrreddaee r etre cata dh xenoyrioe-o sc t tmpn orpmoa mh samwriiusrtsihmetscs iait osech hiusnihds eotso ahhm anirteoop s eetarnhph,ritrs. iaeheit Ienslaeifldrgr
lgCoCerbaooojvmumeencmm odtfi(isi ios7ts ohsn)ifo ei sToon nShnb,oet ,ijau net a tr cespgdtC eipeeotoe cnofmlio rlsda rmeibtnnhteiftgss o i tshnhrhitae ohetlan hl ru nurn edpno i pitdtmnr,e.e e eur sxmi mt,uhc ,eoipetsm rppu Raotolb nlurr ytadnl eo nuol ef:dtm a uacb vmnoueyno o t rf gfi t ntrhtaoheekue t eons Sn tdta tb haotyetefe
ow0pnhp oao nrmytuP aonrtyoiht yveb iored gf e arbdofe futbihnncadgtts e hto hdete aht hrcedeorb rtrheyna brtnnhyi et,sh h sSoaitossaen tbss eehpc eoaenm,c i ngfmioievitdse rus neino srante ti.st srs te dhaeesc pri aosrinoteyn
(8) State Commission may, .on
tfhita ann odn aet aadnjyo sutrangme,ea l_l djournth e hearisnugco hf taeprmpesa als,b iut tm naoyt mthoinrke
:h"]l
should be decidedw ithin g0. doardysin naornil.y,bt re,. g fiivrsetn d aanted o thf eh eaaprpinega.l
fcsroiegnens oetfi dt(cua 9htn)ian drOgg tdr hedae.et Ber edon bf cythh ta ehn eSd tm sahteeamC ilb boeem rcmsoo mifs msthiouenn oS icntaa atteepdtcp o oe tmahlems phiaasrsllt iiboeens
--
S.Sivasubramaniam
President CCHEP
Cemter for Consumer Humanrights & Environment protection
Pandalur Pandalur (Po & Tk)
The Nilgiris 643 233
TamilnaduTHE TAMIIL NADU
CONSUMER PROTECTION RULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)
No. S.R.O. A-158/88.- In exerciseo f the powersc onferred
by sub-section(2 ) of Section3 0 of the ConsumePr rotectionA ct,
1986,( CentraAl ct No. 68 of 1986)r, eadw ith S.O.N o. 390 (E),
publishedi n Part [I - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedl 5th April, 1987a nd S.0.N o. 568(E),
publishedi n Part II - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedt he 1OthJ une 1987,t he Governoro f
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be calledt he Tamil Nadu ConsumerP rotectionR ules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseR ules,u nlesst,h e contexto therwise
requires -
(a) 56Act" means the Consumer Protection Act, 1986
(Central Act No. 68 of t986) ;
(b) ,,Agent" means a person duly authorised by a party
to present any complaint or appeal or reply on its
behalf before the State Commission or the
District Forum ;
(c) ,oAppellant" means a party which makes an appeal
against the order of the District Forum ;
(d) ,,Memorandum"
means memorandum of appeal
filed by the appellant;
(e) "opposite party" means a person who answers
complaint or claim :
A ,opresident,' means the president of the State
Commission or District Forum as the case may be ;
(g) 'oRespondent" means the person who answers anv
memorandum of appeal ;
(h) o,section" means Section of the Act :
(i) ,.State" means the State of Tamil Nadu ;
(D words and expression used in the Rules and not
defined' but defined in the Act shall have the meanins
respectivelya ssignedto them in the Act.
3. salaries and other ailowancesa nd terms and conditions
or[fT thhee P Preressidideennot tf a tnhde Dmisetmribcte Frso oruf mth seh aDlirsr etrciceti vFeot hruem sa._la ry(ol )f
the Judgeo f a Districtc ourt, if appointedo n whoret ime basiso r
an honorarium of Rs. 150 (Rupees one hundred and fifty only)
per day subject to a maximum of 2[Rs. 2,100 (Rupels two
thousand one hundred only)l p.. rnonih, if appointed on part_
I NSouvbesmtrbtuetre, bd19y 9 c1.. o. Ms. No.4l4, co-operationF, ooda nd consumerp rotectiond, ated7 th
2.' SMuabys,t 1it9ut9e3d.b y G o. Ms. No. 344 co-operation,F ood and consumer protection,d ated 7th
time basis. r[The President of a District Forum shall receive
the transfert ravellinga llowancei f hej oins suchD istrict Forum
from out-sidet he District]. 2[Otherm embersi f sitting on whole
time basis,s hallr eceivea consolidatedh onorariumo f Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis,a consolidatedh onorariumo f Rs. 750 (RupeesS even
hundred and fifty only) per month in addition to Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquarters shall also receive the
conveyancea llowanceo f Rs. 150( Rupeeso neh undreda nd fifty
only) per month.l
(2) The Presidenat nd the memberso f the District Forum
shallb e entitledf or sucht ravellinga llou,ancea ndd aily allowance
on official tour as are admissible to Grade I Offlcer of the
Government of Tamil Nadu.
(3) The salary or honorarium as the case may be and other
allowancess hall be defrayedo ut of the ConsolidatedF und of the
Government of Tamil Nadu.
(4) Before appointmentt,h e Presidenta nd memberso f the
District Forum shall have to take an undertaking that he does not
and will not have any financial or such other interests as is likelv
to affect prejudicially his functions as a member.
(5) In additiont o provisiono f sub-section(2 ) of Sectionl 0
the Government of Tamil Nadu may remove from office, the
President and members of a District Forum who -
(a) has been adjudged as an insolvent, or
Insertedb y C.O. Ms. No. ll2, Co-operatioFn,o oda ndC onsumepr rotectiond, ated,27th
May 1996.
Substitutebdy No. SRO.A -178190d, ated2 9thN overnbe1r 990.
Addedb y G.O. Ms. No. 204,C o-operationF,o oda nd Consumepr rotectiond, ated3 0th
August,1994.
z
l
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
actinga s the Presidento r member,o r
@ hasa cquiredfi nancialo r otheri nterestsli kely to
affectp rejudiciallyh is functionsa st he president
or a membet, or
(e) hass oa busedh is positiona st o renderh is continuancei
n officep reludiciatl o thep ublic inrerest:
Providedt hat the Presidento r members hall not
ber emovedf rom his ofliceo n theg rounds pecified
in clauses(d ) and( e)o f thes ub-rule( 5) excepto n
an inquiry heldb y the Goygrnmenot f TanirlN adu
in accordancew ith ru.Ffiro..dure as it may'
specifyi n thisb ehalfa ndf indst he Presidenot r a
member to be guilty on such ground.
'[(5-A) The Governmenot f TamilN adum ay,a frere rr ing a
reasonableo pportunity of being heard,r emove front ottlce. a
membero f a DistrictF orumw ho hasn ot attendedtw o consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The Presidenot f the DistrictF orum shallb e liable
for transfer from one District to another District in case of anv
requesbt y him or on AdministrativeG rounds.]
(6) The termsa ndc onditionso f thes erviceo f the President
and the members of the District Forum shall not be r.aried to
their disadvantased urine their tenureo f office.
I Insertedb y C.O. Ms. No. l2l Co-operationF, ood and ConsumerP rotectiond aredl .lth
June 1996.
2 Substitutedb y G.O. Ms. No. 152,C o-operationF,o oda ndC onsumerp rotectiond aredl lth
August, 1998.
(7) where any vacancy occurs in the ofiice ofthe president
of the District Forum, the senior-most (in order of appointment)
member of District Forum, hording office for the time being, shall
discharge the functions of the president untir a person apiointed
to fill such vacancy assumes the office of the president of the
District Forum.
(8) when the president of the District Forum is unable to
dischargeth e functionso wing to absencei,lr nesso r any otherc ause,
the senior-mos(ti n ordero f thea ppointmentm) embero f theD istrict
Forum shall discharget he functiins of the presidentu ntir the day
on which the Presidenrte sumesth e chargeo f his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointmenitn or be connectedw ith the
managemenot r administrationo f an organisationw hich hasb eent he
subjecto f any proceedingu ndert heA ctduring his tenuref or a period
of 5 yearsf rom the dateo n which he ceasesto hold sucho ffice.
(10) In caseo f differenceo f opiniona mongt he members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinionso r orderso f the Forum shall be expressedin
terms of the view of the majority.
(11) (i) The president and the members shalr hord office
for_a term of five years or upto the age of 65 years whichever is
earliera nd shall not be eligiblef or re_appointmen;t
(ii) Notwithstanding anything contained in sub_
rule (i) the president or the member may --
' (a) by writing under his hand and addressed
to the Government of Tamil Nadu resign
his office at any time and on such
resignationb eing acceptedh, is office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarteros f the District. where StateG overnmentd ecides
to establisha singleD istrictF orumh avingj urisdictiono verm ore
than one district, it shail Notify the place and jurisdiction of the
District Forum so established.
(2) The working days and the office hours of the Disr.ct
Forum shall be the same as that of the Government orramit xaau
(3) The official seal of the District
follows:-
Forum shall be as
sear.- The seals ha'have two concentrica rcsb ea'ns thei nscriprionnsa, mely"D ISTRICTC ONSUMEoRt soutii
REDRESSAL F.RUM" and name of the District at the Centre.
(4) Sitting of the District Forum, as and when necessan.
shall be convened by the president.
(5) No act or proceedingso f the Distr^.,iF orum shat be
invalid by reasono nry of the existenceo f any vacancya mongl ts
Presidenot r memberso r any defecti n its constitution.
(6) StateG overnmenst halla ppoints uchs taff,a s ma1.be
necessaryto assistt he DistrictF orumi n its day-to-day* ,ork and
to perform such other functions as are provided und., the nct
and these Rures or assigned to it by the president. The sarary
payable to such staff shail be defrayed out of the consoridated
Fund of the State Govemment.
(7) Where the opposite party admits the allegation made
by the complainantt,h e DistrictF orums halld ecidet lie compraint
on the basis of the merit of the case and .documentsp ..r.n,
before it.
(8) If duringt he proceedingcso nductedu nderS ectionl 3,
the District Forum fixes a date for hearing of the parties, it shail
be obligatory on the complaint and opposite parfy or its authorised
agent to appear before the District Forum on such date of hearing
or any other date to which hearing could be adjourned. Where
the complainanto r his authoriseda gentf ails to appearb efbre the
District Forum on such day, the District Forum may in its
discretione itherd ismisst he complaintf or defaulto r decidei t on
merit. Where the opposite party or its authorised agent fails to
appear on the day of hearing the District Forum may decide the
complaint ex-parte.
(9) While proceedingu nders ub-rule( 8) theD istrictF orum
may, on such terms as it may think fit and at any stage, adjourn the
hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90
days from the date of notice received by the opposite party where
complaint does not require analysis or testing of the goods and
within 150d aysi f it requiresa nalysiso r testingo f the goods.
(10) Orders of the District Forum shall be signed and dated
by the members of the District Forum constituting the Bench
and shall be communicated to the parties free of charges.
5. Procedure to be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars, shall be presented by the
complainant in person or by his authorised agent to the District
Forum/ StateC ommissiono, r be sentb y registeredp ost addressed
to the District Forum / State Commission :-
(a) the name,d escriptiona nda ddresso f 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 complaint and when and where
it arose :
@ documenti n supporto f the allegationsc ontainedi n
the complaint ;
(e) the relief which complainanct laims.
Fsaeoncrau6tlimy.o sPn mi(s raloa )y cn deodidfr teueScrseett tch itntoeigco boonmef l 3 tpah ldieafo igncpoaotenondttds o sib dp.y-er o rtuvehinddend e eDet cwrie socst rrssaiecauptrs yaetF rt( arocetr)es u oo amifsm strpluibrcbert-s
of the goods packed in clean dry boitles orjars or other surrable
containersw hich shall be sufficientryt ight to prevent reakage,
evaporationo, r in the caseo f dry rrbriunc" entranceo f moisture.
with a paper slip wrapped and pasted on the container in *.hich
ftahcet suirgenr,af rtoumreo wr thhoumm tbhi em gporoedsss aioreno p f uihrceh paesresdos nh,ta rlal dbee rao frf rmxeadn :u-
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
wori tntheusmss bh-aimll bpere tsaskieonni t,nh eth sei gsnaamteum reao nr ntehru.mU_l_p..rrio'no f u
(2) on receivingt he sampreso f suchg oods,t he Drst.ct
iFnoforurmnia sthioanll: f-i*x lableso n the containersc arryingt he folrour ng
(i) Name and addresso f the appropriatel aborarory
to whom the sample will be sent for analvsis
and test :
(ii) Name and address of the District Forum :
(iii) Case Number ;
(iv) Nature of articles sent for analysis and tesr :
(y) Seal of the District Forum.
(3) The containero f samples hallb e completelyu .rapped
in fairly strong thick paper, the ends of the pup.. shali ue neatry
folded in and affixed by means of gum or adhesive. The paper
cover shall be further secured by means of strong twine or thread
both above and across the container and the twine of thread shall
then be fastened on the paper cover by means of sealing wax on
which theres hall be at leastf our distinct and clear impressionso f
the seal of which one shall be at the top of the packet, one at the
bottom of the packet and the other two on the body of the packet.
Thek notso f thet wine or threads hallb e coveredb y meanso f sealing
wax bearingt he impressionso f the sealo f the District Forum.
(4) One of the sealedc ontainersw ill be retainedb y the
District Forum for future reference and another will be sent to
the appropriatela boratoryb y the District Forum for sendingr eport
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
allegeda nd dateo f submissiono f the report.
(5) The quantityo f sample,i n caseo f food samples,f or
analysiss hallb e as specifiedu nderR ule 22 of the Preventiono f
Food Adulteration Rules, 1955.
(6) A specimen impression of the seal used to seal the
container of the sample packet will be sent to the appropriate
laboratorys eparatelyb y the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriatel aboratory.
7. Salary and other allowances and terms and conditions
of the President and members of the State Commission.-
(1) I[The President of the State Commission shall receive the
salary, allowances and other perquisites as are applicable to a
I Substitutedb y C.O. Ms. No. 408. Co-operation,F ood and ConsumerP rotection,d ated 2nd
September,1992.
p:e:: irdl' [a[lry o t,irl :,l,i: :l ]lTo":i':9-w* hore-btium,ieo,1 .u
nlilil;ir"L}:,
:n ,*rrHi HJ l::f t * l
ffi1ffi":r;jl,'";," *;;i;_i*:b as,isr,,u iil...ra\e
onry)p erm onth
norariumo f Rs'3 '0006 up.." irr.i.' ,rrorruno no ,,oum. ;ui 'i,:r:f , ld i:#J:,.".:if lf:ji H:, r ux lru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharar rsore cee,r r he
per month.]
uunteo f Rs' 1'000( Rupeeosn et iorruno onr"t
ssions (h2a) lTl bhee pe rliegsibidleef noat, n ,dut Jh em, .ue"m.,rb,enr*os u f ftfhoe*u Snta..t eJC no 0mum,,,i_ fi; i,T:i,f,fX T:IHf f :;; r,i,u rt.o o .J, .I olic,e r o r
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhec onsolidaet.*Jo or theG oer rnmeonrr
(4) The president
StateC ommissions hall hold and the members oi rhe
"m..
,", :il:,,:';::$n#il*;:J#.lf:;fi i ;n; :
provided that president and members may :_-
(a) Sbyta wterGi tionvge urnnmdeernh rti es shiagnndh a isn odf afidcder re"rsls 1e1dto" , r.,h e
(b) pbreo rveimsioonveso dff rsoumb _hrisu loe(f5 fi)c.e in accordanceu .rrh
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsrirutedfo r the words..70y ears,,byN o. S.R.O.A _7g/90d ated3 0th Nla_v1 990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office Presidento r membero f the StateC ommissionw ho, -
(a) hasb eena djudgeda s an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude ; or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
acting as President or a member ; or
(d) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
President or a member ; or
(e) has so abused his position as to render his
continuance in office prejudicial to public
interest :
Provided that the President or a member shall not be
removedf rom his office on the grounds pecifiedi n clauses( d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordancwe ith suchp rocedurea si t may specifl'
in this behalf and finds the President or a member to be euiltv on
such ground.
'[(5-A) The Government of Tamil Nadu may, after giving
reasonableo pportunity of being heard,r emove from office a
member of the State Commission who has not attended two
consecutives ittingso f the StateC ommissionw ithout sufficient
causes.]
(6) Beforea ppointmentP, residenat ndm emberso f the State
Commissions hall havet o take an undertakinet hat he doesn ot
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
taon adfw feilcl tn poret jhuadviceia anryy shuisc fhuf inncatinocnisaa lo sr portehseirdi ennteto re, sut -sa. rsi ;r;s. rike"r'v
(7) The terms and conditions of the service of the president
tahnedir t hdeis madevmabnetargso edf uthrien Sg ttahteeicr otemnmurieso sfi oonfsf ihcea.rr' ot be ra'ed to
sthueb P-rrue(lse8(i )d4 Ee) nvooter r ro ayt nhvyea orcwtahinescermsy ch eaamurs bbeeed. bof iyflr terhedes b Sigyta nfrtaeetc isoohmnaa npmdpis oresinimotmnou re.nandlto e.fr
StdoPoitrrs adefciteslehlriC ad os(orefu9g mnca)etot hmph wfv pe ihtaso fheusciernniae ostcn mnttaaci.enotyaenyn s tcss)ohso ufoum ctlmhhdm eiveni aisstrghcse oaeisofn iofndcifc,eytf ehin oc etcfe, o cs" orrue ifrtn, sh,ti h ioe.ne r t;n i;tpmrhrro"eee;s; s o;rbm"i fd,ef;ieeicrn:ncn;sr.ot .b. f tse -htrt(h haineell
(10) when thep residenot f the Statec omnrissionis .:iirabre
sctotaa udtseisec c,oth hmaemr sgeiestnhs ieioo frnum s nohcsattil mord neissom cwbhieanrr(g git neot h o aerbd fsueenr oncftc iaeoipr,n npsoe" ifs; ,ts;ho *e;r; Da', nre,o,so ir tdthheeenrt
fuunnticl ttihoen ds.ay on which the presidentr esumest he charseo : his
hfbtaohoesrele sda mnu s t pachuhene(cls r ash ilhugoo) a bedfTfljm oilehc nfceee otfon . ptiofv thr raeeo an syldydied mp aaernironnsyctif o ,sear rotepi amadpniio intyoihgn munoe tn emf dd amaeentrbnte ohietn o rergc n o Aea rwcan bthsi,se iidcna cuhgtotri ooihnnn *ehng rehh crciielscdra htre rse dhi,enl, al,su"rr,,_i ro ,ehe r.
iaonnf ttdeh trehm Se(s tor ao2pft)i e ntCrh niooe cnm va oimserew ioos srfs daoioef d nrtisthf,ohf eefe mrt oehpaneiicon cerioioin tmnv oo. mpfi irnsnis.oi omnan a,m hjoourntittg"]t.b ,h n.e .ur ntptr pre.r,nerr.,ba ue,trs
8. Places of sitting and other matters relating to State
Commission.- (1) The office of the State Commission shall be
located at Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official seal of the State Government
shall be as follows :-
Emblem.- The State Commission as Head of the
Department shall use the State Emblem in their official letter
heads, namely "single colour black Emblem in full with
designationw ithin two concentrica rcso f two-thirdso f a circle."
Seal.- The seal shall have two concentric arcs of twothirds
of a circle with the inscriptions, namely, "STATE
CONSUME,R DISPUTES REDRESSAL COMMISSION" ANd
rvith the State Emblem at the centre.
(4) Sitting of the State Commission, as and when necessary
shall be convened by the President.
(5) No act or proceedingso f the StateC ommissions hall
be invalid by reasonso nly of the existenceo f any vacancya mong
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessaryto assistt he StateC ommissioni n its
work aird to perform such other functions as are provided under
the Act and these Rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidateti Fund of the Government of Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complaint on the basis of the merit of the case and documents
presentedb eforei t.
(8) Ifduring the proceedingcso nductedu nderS ection1 3,
StateC ommissionf ixes a datef or hearingo f the parties,i t shall
be obligatory on the complainant and opposite party or his
authorised agent to appear before the State Commission on such
date of hearing or any other date to which hearing could be
adjourned. Where the complainant or his authorised agent fails
to appear before the State Commission on such day, the State
Commission may in its discretion either dismiss the complaint
for defaulto r decidei t on merits.W heret he oppositep artv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedingsu nders ub-rule( 8) the StateC onimission
may, on such terms as it may think fit and at an-us"t age'o f
the proceedingsa djournt he hearingo f the complaintb ut not more
thano nea djournmenst hallo rdinarilyb e givena ndt he complaint
shall be decided within 90 days from the date of notice receir-ed
by the opposite parfy where the complaint does not requtre anall'sis
or testingo f the goodsa ndw ithin 150d aysi f it requiresa nalvsis
or testing of the goods.
(10) Orderso f the StateC ommissions hallb e signeda nd
datedb y the memberso f the StateC ommissionc onstitutingt he
Bench and shall be communicatedto the partiesf ree of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
StateC ommissionin pers'ono r sentb y registeredp ost addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
cacoorgnnussemisceeurnytuit vo nerd leyn.rad rirsatitnivcet h aenadd ss,tu hceh g grorounudnsdo sf haapp' ebaerw nituhmoubte arneyd
oacfne dort bsifujieec(cdh3tco i)oo f Epnthmy ae oce dfhn ot tmhcioeuen ommereddoine nrtar sot anh fsd et mhu maemlyD sm bhisoeatr rrlaelic nbqtdueF ui oramercud.ctm oo a mspupppaepnaoilreetg ddabr ogyua ntihndsest
acfaoopocfr pmctleoihm'ram tiilthws( pa4esiatt)i ihn fooWaiinnnech t dbthtea h yoanse nt a t sphh npweee aer ahhipcopiapcipdfslhie ioe sc afadua lilp i ftsinfimp oip cetnirithsete atuesnatp eitAnoc pnincraot ete,ur,rdt saieM eefdtfbs eeo yt mrro t ahn osneora a aet tnfpxifsdpridefiuryafmye tv hor sirtfeh s ipn aeSeg,trt tt iahibonteedeg
memor(a5n)d Tumhte o athpep SettaatneC t sohmam' isssuiobnmf oirt fooffuicri aclo iupripeosr o.sf. the
opaoSaamrfgrputot adaehptcyehtneeee cobtc lef c ilreoadad(ai smei6en arsiex) sottdme O-d otrjp.aoo i hnnsag ui asttrserhhtipn eanoeepe autn dmsemdnt at hae,idotat orre o syi sorat hn, iohfips ah nfasep ie tuilldhe tlaad csbe agreh edi crecnb d iaoinsgdeasbcot fefte rarroet .ieI haigr ,frtt eenashrio e ytt aieohons op eS erp,atpy hi otpftSe aeohnpattrreddaee r etre cata dh xenoyrioe-o sc t tmpn orpmoa mh samwriiusrtsihmetscs iait osech hiusnihds eotso ahhm anirteoop s eetarnhph,ritrs. iaeheit Ienslaeifldrgr
lgCoCerbaooojvmumeencmm odtfi(isi ios7ts ohsn)ifo ei sToon nShnb,oet ,ijau net a tr cespgdtC eipeeotoe cnofmlio rlsda rmeibtnnhteiftgss o i tshnhrhitae ohetlan hl ru nurn edpno i pitdtmnr,e.e e eur sxmi mt,uhc ,eoipetsm rppu Raotolb nlurr ytadnl eo nuol ef:dtm a uacb vmnoueyno o t rf gfi t ntrhtaoheekue t eons Sn tdta tb haotyetefe
ow0pnhp oao nrmytuP aonrtyoiht yveb iored gf e arbdofe futbihnncadgtts e hto hdete aht hrcedeorb rtrheyna brtnnhyi et,sh h sSoaitossaen tbss eehpc eoaenm,c i ngfmioievitdse rus neino srante ti.st srs te dhaeesc pri aosrinoteyn
(8) State Commission may, .on
tfhita ann odn aet aadnjyo sutrangme,ea l_l djournth e hearisnugco hf taeprmpesa als,b iut tm naoyt mthoinrke
:h"]l
should be decidedw ithin g0. doardysin naornil.y,bt re,. g fiivrsetn d aanted o thf eh eaaprpinega.l
fcsroiegnens oetfi dt(cua 9htn)ian drOgg tdr hedae.et Ber edon bf cythh ta ehn eSd tm sahteeamC ilb boeem rcmsoo mifs msthiouenn oS icntaa atteepdtcp o oe tmahlems phiaasrsllt iiboeens
--
S.Sivasubramaniam
President CCHEP
Cemter for Consumer Humanrights & Environment protection
Pandalur Pandalur (Po & Tk)
The Nilgiris 643 233
Tamilnadu
CONSUMER PROTECTION RULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)
No. S.R.O. A-158/88.- In exerciseo f the powersc onferred
by sub-section(2 ) of Section3 0 of the ConsumePr rotectionA ct,
1986,( CentraAl ct No. 68 of 1986)r, eadw ith S.O.N o. 390 (E),
publishedi n Part [I - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedl 5th April, 1987a nd S.0.N o. 568(E),
publishedi n Part II - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedt he 1OthJ une 1987,t he Governoro f
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be calledt he Tamil Nadu ConsumerP rotectionR ules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseR ules,u nlesst,h e contexto therwise
requires -
(a) 56Act" means the Consumer Protection Act, 1986
(Central Act No. 68 of t986) ;
(b) ,,Agent" means a person duly authorised by a party
to present any complaint or appeal or reply on its
behalf before the State Commission or the
District Forum ;
(c) ,oAppellant" means a party which makes an appeal
against the order of the District Forum ;
(d) ,,Memorandum"
means memorandum of appeal
filed by the appellant;
(e) "opposite party" means a person who answers
complaint or claim :
A ,opresident,' means the president of the State
Commission or District Forum as the case may be ;
(g) 'oRespondent" means the person who answers anv
memorandum of appeal ;
(h) o,section" means Section of the Act :
(i) ,.State" means the State of Tamil Nadu ;
(D words and expression used in the Rules and not
defined' but defined in the Act shall have the meanins
respectivelya ssignedto them in the Act.
3. salaries and other ailowancesa nd terms and conditions
or[fT thhee P Preressidideennot tf a tnhde Dmisetmribcte Frso oruf mth seh aDlirsr etrciceti vFeot hruem sa._la ry(ol )f
the Judgeo f a Districtc ourt, if appointedo n whoret ime basiso r
an honorarium of Rs. 150 (Rupees one hundred and fifty only)
per day subject to a maximum of 2[Rs. 2,100 (Rupels two
thousand one hundred only)l p.. rnonih, if appointed on part_
I NSouvbesmtrbtuetre, bd19y 9 c1.. o. Ms. No.4l4, co-operationF, ooda nd consumerp rotectiond, ated7 th
2.' SMuabys,t 1it9ut9e3d.b y G o. Ms. No. 344 co-operation,F ood and consumer protection,d ated 7th
time basis. r[The President of a District Forum shall receive
the transfert ravellinga llowancei f hej oins suchD istrict Forum
from out-sidet he District]. 2[Otherm embersi f sitting on whole
time basis,s hallr eceivea consolidatedh onorariumo f Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis,a consolidatedh onorariumo f Rs. 750 (RupeesS even
hundred and fifty only) per month in addition to Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquarters shall also receive the
conveyancea llowanceo f Rs. 150( Rupeeso neh undreda nd fifty
only) per month.l
(2) The Presidenat nd the memberso f the District Forum
shallb e entitledf or sucht ravellinga llou,ancea ndd aily allowance
on official tour as are admissible to Grade I Offlcer of the
Government of Tamil Nadu.
(3) The salary or honorarium as the case may be and other
allowancess hall be defrayedo ut of the ConsolidatedF und of the
Government of Tamil Nadu.
(4) Before appointmentt,h e Presidenta nd memberso f the
District Forum shall have to take an undertaking that he does not
and will not have any financial or such other interests as is likelv
to affect prejudicially his functions as a member.
(5) In additiont o provisiono f sub-section(2 ) of Sectionl 0
the Government of Tamil Nadu may remove from office, the
President and members of a District Forum who -
(a) has been adjudged as an insolvent, or
Insertedb y C.O. Ms. No. ll2, Co-operatioFn,o oda ndC onsumepr rotectiond, ated,27th
May 1996.
Substitutebdy No. SRO.A -178190d, ated2 9thN overnbe1r 990.
Addedb y G.O. Ms. No. 204,C o-operationF,o oda nd Consumepr rotectiond, ated3 0th
August,1994.
z
l
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
actinga s the Presidento r member,o r
@ hasa cquiredfi nancialo r otheri nterestsli kely to
affectp rejudiciallyh is functionsa st he president
or a membet, or
(e) hass oa busedh is positiona st o renderh is continuancei
n officep reludiciatl o thep ublic inrerest:
Providedt hat the Presidento r members hall not
ber emovedf rom his ofliceo n theg rounds pecified
in clauses(d ) and( e)o f thes ub-rule( 5) excepto n
an inquiry heldb y the Goygrnmenot f TanirlN adu
in accordancew ith ru.Ffiro..dure as it may'
specifyi n thisb ehalfa ndf indst he Presidenot r a
member to be guilty on such ground.
'[(5-A) The Governmenot f TamilN adum ay,a frere rr ing a
reasonableo pportunity of being heard,r emove front ottlce. a
membero f a DistrictF orumw ho hasn ot attendedtw o consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The Presidenot f the DistrictF orum shallb e liable
for transfer from one District to another District in case of anv
requesbt y him or on AdministrativeG rounds.]
(6) The termsa ndc onditionso f thes erviceo f the President
and the members of the District Forum shall not be r.aried to
their disadvantased urine their tenureo f office.
I Insertedb y C.O. Ms. No. l2l Co-operationF, ood and ConsumerP rotectiond aredl .lth
June 1996.
2 Substitutedb y G.O. Ms. No. 152,C o-operationF,o oda ndC onsumerp rotectiond aredl lth
August, 1998.
(7) where any vacancy occurs in the ofiice ofthe president
of the District Forum, the senior-most (in order of appointment)
member of District Forum, hording office for the time being, shall
discharge the functions of the president untir a person apiointed
to fill such vacancy assumes the office of the president of the
District Forum.
(8) when the president of the District Forum is unable to
dischargeth e functionso wing to absencei,lr nesso r any otherc ause,
the senior-mos(ti n ordero f thea ppointmentm) embero f theD istrict
Forum shall discharget he functiins of the presidentu ntir the day
on which the Presidenrte sumesth e chargeo f his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointmenitn or be connectedw ith the
managemenot r administrationo f an organisationw hich hasb eent he
subjecto f any proceedingu ndert heA ctduring his tenuref or a period
of 5 yearsf rom the dateo n which he ceasesto hold sucho ffice.
(10) In caseo f differenceo f opiniona mongt he members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinionso r orderso f the Forum shall be expressedin
terms of the view of the majority.
(11) (i) The president and the members shalr hord office
for_a term of five years or upto the age of 65 years whichever is
earliera nd shall not be eligiblef or re_appointmen;t
(ii) Notwithstanding anything contained in sub_
rule (i) the president or the member may --
' (a) by writing under his hand and addressed
to the Government of Tamil Nadu resign
his office at any time and on such
resignationb eing acceptedh, is office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarteros f the District. where StateG overnmentd ecides
to establisha singleD istrictF orumh avingj urisdictiono verm ore
than one district, it shail Notify the place and jurisdiction of the
District Forum so established.
(2) The working days and the office hours of the Disr.ct
Forum shall be the same as that of the Government orramit xaau
(3) The official seal of the District
follows:-
Forum shall be as
sear.- The seals ha'have two concentrica rcsb ea'ns thei nscriprionnsa, mely"D ISTRICTC ONSUMEoRt soutii
REDRESSAL F.RUM" and name of the District at the Centre.
(4) Sitting of the District Forum, as and when necessan.
shall be convened by the president.
(5) No act or proceedingso f the Distr^.,iF orum shat be
invalid by reasono nry of the existenceo f any vacancya mongl ts
Presidenot r memberso r any defecti n its constitution.
(6) StateG overnmenst halla ppoints uchs taff,a s ma1.be
necessaryto assistt he DistrictF orumi n its day-to-day* ,ork and
to perform such other functions as are provided und., the nct
and these Rures or assigned to it by the president. The sarary
payable to such staff shail be defrayed out of the consoridated
Fund of the State Govemment.
(7) Where the opposite party admits the allegation made
by the complainantt,h e DistrictF orums halld ecidet lie compraint
on the basis of the merit of the case and .documentsp ..r.n,
before it.
(8) If duringt he proceedingcso nductedu nderS ectionl 3,
the District Forum fixes a date for hearing of the parties, it shail
be obligatory on the complaint and opposite parfy or its authorised
agent to appear before the District Forum on such date of hearing
or any other date to which hearing could be adjourned. Where
the complainanto r his authoriseda gentf ails to appearb efbre the
District Forum on such day, the District Forum may in its
discretione itherd ismisst he complaintf or defaulto r decidei t on
merit. Where the opposite party or its authorised agent fails to
appear on the day of hearing the District Forum may decide the
complaint ex-parte.
(9) While proceedingu nders ub-rule( 8) theD istrictF orum
may, on such terms as it may think fit and at any stage, adjourn the
hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90
days from the date of notice received by the opposite party where
complaint does not require analysis or testing of the goods and
within 150d aysi f it requiresa nalysiso r testingo f the goods.
(10) Orders of the District Forum shall be signed and dated
by the members of the District Forum constituting the Bench
and shall be communicated to the parties free of charges.
5. Procedure to be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars, shall be presented by the
complainant in person or by his authorised agent to the District
Forum/ StateC ommissiono, r be sentb y registeredp ost addressed
to the District Forum / State Commission :-
(a) the name,d escriptiona nda ddresso f 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 complaint and when and where
it arose :
@ documenti n supporto f the allegationsc ontainedi n
the complaint ;
(e) the relief which complainanct laims.
Fsaeoncrau6tlimy.o sPn mi(s raloa )y cn deodidfr teueScrseett tch itntoeigco boonmef l 3 tpah ldieafo igncpoaotenondttds o sib dp.y-er o rtuvehinddend e eDet cwrie socst rrssaiecauptrs yaetF rt( arocetr)es u oo amifsm strpluibrcbert-s
of the goods packed in clean dry boitles orjars or other surrable
containersw hich shall be sufficientryt ight to prevent reakage,
evaporationo, r in the caseo f dry rrbriunc" entranceo f moisture.
with a paper slip wrapped and pasted on the container in *.hich
ftahcet suirgenr,af rtoumreo wr thhoumm tbhi em gporoedsss aioreno p f uihrceh paesresdos nh,ta rlal dbee rao frf rmxeadn :u-
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
wori tntheusmss bh-aimll bpere tsaskieonni t,nh eth sei gsnaamteum reao nr ntehru.mU_l_p..rrio'no f u
(2) on receivingt he sampreso f suchg oods,t he Drst.ct
iFnoforurmnia sthioanll: f-i*x lableso n the containersc arryingt he folrour ng
(i) Name and addresso f the appropriatel aborarory
to whom the sample will be sent for analvsis
and test :
(ii) Name and address of the District Forum :
(iii) Case Number ;
(iv) Nature of articles sent for analysis and tesr :
(y) Seal of the District Forum.
(3) The containero f samples hallb e completelyu .rapped
in fairly strong thick paper, the ends of the pup.. shali ue neatry
folded in and affixed by means of gum or adhesive. The paper
cover shall be further secured by means of strong twine or thread
both above and across the container and the twine of thread shall
then be fastened on the paper cover by means of sealing wax on
which theres hall be at leastf our distinct and clear impressionso f
the seal of which one shall be at the top of the packet, one at the
bottom of the packet and the other two on the body of the packet.
Thek notso f thet wine or threads hallb e coveredb y meanso f sealing
wax bearingt he impressionso f the sealo f the District Forum.
(4) One of the sealedc ontainersw ill be retainedb y the
District Forum for future reference and another will be sent to
the appropriatela boratoryb y the District Forum for sendingr eport
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
allegeda nd dateo f submissiono f the report.
(5) The quantityo f sample,i n caseo f food samples,f or
analysiss hallb e as specifiedu nderR ule 22 of the Preventiono f
Food Adulteration Rules, 1955.
(6) A specimen impression of the seal used to seal the
container of the sample packet will be sent to the appropriate
laboratorys eparatelyb y the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriatel aboratory.
7. Salary and other allowances and terms and conditions
of the President and members of the State Commission.-
(1) I[The President of the State Commission shall receive the
salary, allowances and other perquisites as are applicable to a
I Substitutedb y C.O. Ms. No. 408. Co-operation,F ood and ConsumerP rotection,d ated 2nd
September,1992.
p:e:: irdl' [a[lry o t,irl :,l,i: :l ]lTo":i':9-w* hore-btium,ieo,1 .u
nlilil;ir"L}:,
:n ,*rrHi HJ l::f t * l
ffi1ffi":r;jl,'";," *;;i;_i*:b as,isr,,u iil...ra\e
onry)p erm onth
norariumo f Rs'3 '0006 up.." irr.i.' ,rrorruno no ,,oum. ;ui 'i,:r:f , ld i:#J:,.".:if lf:ji H:, r ux lru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharar rsore cee,r r he
per month.]
uunteo f Rs' 1'000( Rupeeosn et iorruno onr"t
ssions (h2a) lTl bhee pe rliegsibidleef noat, n ,dut Jh em, .ue"m.,rb,enr*os u f ftfhoe*u Snta..t eJC no 0mum,,,i_ fi; i,T:i,f,fX T:IHf f :;; r,i,u rt.o o .J, .I olic,e r o r
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhec onsolidaet.*Jo or theG oer rnmeonrr
(4) The president
StateC ommissions hall hold and the members oi rhe
"m..
,", :il:,,:';::$n#il*;:J#.lf:;fi i ;n; :
provided that president and members may :_-
(a) Sbyta wterGi tionvge urnnmdeernh rti es shiagnndh a isn odf afidcder re"rsls 1e1dto" , r.,h e
(b) pbreo rveimsioonveso dff rsoumb _hrisu loe(f5 fi)c.e in accordanceu .rrh
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsrirutedfo r the words..70y ears,,byN o. S.R.O.A _7g/90d ated3 0th Nla_v1 990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office Presidento r membero f the StateC ommissionw ho, -
(a) hasb eena djudgeda s an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude ; or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
acting as President or a member ; or
(d) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
President or a member ; or
(e) has so abused his position as to render his
continuance in office prejudicial to public
interest :
Provided that the President or a member shall not be
removedf rom his office on the grounds pecifiedi n clauses( d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordancwe ith suchp rocedurea si t may specifl'
in this behalf and finds the President or a member to be euiltv on
such ground.
'[(5-A) The Government of Tamil Nadu may, after giving
reasonableo pportunity of being heard,r emove from office a
member of the State Commission who has not attended two
consecutives ittingso f the StateC ommissionw ithout sufficient
causes.]
(6) Beforea ppointmentP, residenat ndm emberso f the State
Commissions hall havet o take an undertakinet hat he doesn ot
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
taon adfw feilcl tn poret jhuadviceia anryy shuisc fhuf inncatinocnisaa lo sr portehseirdi ennteto re, sut -sa. rsi ;r;s. rike"r'v
(7) The terms and conditions of the service of the president
tahnedir t hdeis madevmabnetargso edf uthrien Sg ttahteeicr otemnmurieso sfi oonfsf ihcea.rr' ot be ra'ed to
sthueb P-rrue(lse8(i )d4 Ee) nvooter r ro ayt nhvyea orcwtahinescermsy ch eaamurs bbeeed. bof iyflr terhedes b Sigyta nfrtaeetc isoohmnaa npmdpis oresinimotmnou re.nandlto e.fr
StdoPoitrrs adefciteslehlriC ad os(orefu9g mnca)etot hmph wfv pe ihtaso fheusciernniae ostcn mnttaaci.enotyaenyn s tcss)ohso ufoum ctlmhhdm eiveni aisstrghcse oaeisofn iofndcifc,eytf ehin oc etcfe, o cs" orrue ifrtn, sh,ti h ioe.ne r t;n i;tpmrhrro"eee;s; s o;rbm"i fd,ef;ieeicrn:ncn;sr.ot .b. f tse -htrt(h haineell
(10) when thep residenot f the Statec omnrissionis .:iirabre
sctotaa udtseisec c,oth hmaemr sgeiestnhs ieioo frnum s nohcsattil mord neissom cwbhieanrr(g git neot h o aerbd fsueenr oncftc iaeoipr,n npsoe" ifs; ,ts;ho *e;r; Da', nre,o,so ir tdthheeenrt
fuunnticl ttihoen ds.ay on which the presidentr esumest he charseo : his
hfbtaohoesrele sda mnu s t pachuhene(cls r ash ilhugoo) a bedfTfljm oilehc nfceee otfon . ptiofv thr raeeo an syldydied mp aaernironnsyctif o ,sear rotepi amadpniio intyoihgn munoe tn emf dd amaeentrbnte ohietn o rergc n o Aea rwcan bthsi,se iidcna cuhgtotri ooihnnn *ehng rehh crciielscdra htre rse dhi,enl, al,su"rr,,_i ro ,ehe r.
iaonnf ttdeh trehm Se(s tor ao2pft)i e ntCrh niooe cnm va oimserew ioos srfs daoioef d nrtisthf,ohf eefe mrt oehpaneiicon cerioioin tmnv oo. mpfi irnsnis.oi omnan a,m hjoourntittg"]t.b ,h n.e .ur ntptr pre.r,nerr.,ba ue,trs
8. Places of sitting and other matters relating to State
Commission.- (1) The office of the State Commission shall be
located at Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official seal of the State Government
shall be as follows :-
Emblem.- The State Commission as Head of the
Department shall use the State Emblem in their official letter
heads, namely "single colour black Emblem in full with
designationw ithin two concentrica rcso f two-thirdso f a circle."
Seal.- The seal shall have two concentric arcs of twothirds
of a circle with the inscriptions, namely, "STATE
CONSUME,R DISPUTES REDRESSAL COMMISSION" ANd
rvith the State Emblem at the centre.
(4) Sitting of the State Commission, as and when necessary
shall be convened by the President.
(5) No act or proceedingso f the StateC ommissions hall
be invalid by reasonso nly of the existenceo f any vacancya mong
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessaryto assistt he StateC ommissioni n its
work aird to perform such other functions as are provided under
the Act and these Rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidateti Fund of the Government of Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complaint on the basis of the merit of the case and documents
presentedb eforei t.
(8) Ifduring the proceedingcso nductedu nderS ection1 3,
StateC ommissionf ixes a datef or hearingo f the parties,i t shall
be obligatory on the complainant and opposite party or his
authorised agent to appear before the State Commission on such
date of hearing or any other date to which hearing could be
adjourned. Where the complainant or his authorised agent fails
to appear before the State Commission on such day, the State
Commission may in its discretion either dismiss the complaint
for defaulto r decidei t on merits.W heret he oppositep artv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedingsu nders ub-rule( 8) the StateC onimission
may, on such terms as it may think fit and at an-us"t age'o f
the proceedingsa djournt he hearingo f the complaintb ut not more
thano nea djournmenst hallo rdinarilyb e givena ndt he complaint
shall be decided within 90 days from the date of notice receir-ed
by the opposite parfy where the complaint does not requtre anall'sis
or testingo f the goodsa ndw ithin 150d aysi f it requiresa nalvsis
or testing of the goods.
(10) Orderso f the StateC ommissions hallb e signeda nd
datedb y the memberso f the StateC ommissionc onstitutingt he
Bench and shall be communicatedto the partiesf ree of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
StateC ommissionin pers'ono r sentb y registeredp ost addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
cacoorgnnussemisceeurnytuit vo nerd leyn.rad rirsatitnivcet h aenadd ss,tu hceh g grorounudnsdo sf haapp' ebaerw nituhmoubte arneyd
oacfne dort bsifujieec(cdh3tco i)oo f Epnthmy ae oce dfhn ot tmhcioeuen ommereddoine nrtar sot anh fsd et mhu maemlyD sm bhisoeatr rrlaelic nbqtdueF ui oramercud.ctm oo a mspupppaepnaoilreetg ddabr ogyua ntihndsest
acfaoopocfr pmctleoihm'ram tiilthws( pa4esiatt)i ihn fooWaiinnnech t dbthtea h yoanse nt a t sphh npweee aer ahhipcopiapcipdfslhie ioe sc afadua lilp i ftsinfimp oip cetnirithsete atuesnatp eitAnoc pnincraot ete,ur,rdt saieM eefdtfbs eeo yt mrro t ahn osneora a aet tnfpxifsdpridefiuryafmye tv hor sirtfeh s ipn aeSeg,trt tt iahibonteedeg
memor(a5n)d Tumhte o athpep SettaatneC t sohmam' isssuiobnmf oirt fooffuicri aclo iupripeosr o.sf. the
opaoSaamrfgrputot adaehptcyehtneeee cobtc lef c ilreoadad(ai smei6en arsiex) sottdme O-d otrjp.aoo i hnnsag ui asttrserhhtipn eanoeepe autn dmsemdnt at hae,idotat orre o syi sorat hn, iohfips ah nfasep ie tuilldhe tlaad csbe agreh edi crecnb d iaoinsgdeasbcot fefte rarroet .ieI haigr ,frtt eenashrio e ytt aieohons op eS erp,atpy hi otpftSe aeohnpattrreddaee r etre cata dh xenoyrioe-o sc t tmpn orpmoa mh samwriiusrtsihmetscs iait osech hiusnihds eotso ahhm anirteoop s eetarnhph,ritrs. iaeheit Ienslaeifldrgr
lgCoCerbaooojvmumeencmm odtfi(isi ios7ts ohsn)ifo ei sToon nShnb,oet ,ijau net a tr cespgdtC eipeeotoe cnofmlio rlsda rmeibtnnhteiftgss o i tshnhrhitae ohetlan hl ru nurn edpno i pitdtmnr,e.e e eur sxmi mt,uhc ,eoipetsm rppu Raotolb nlurr ytadnl eo nuol ef:dtm a uacb vmnoueyno o t rf gfi t ntrhtaoheekue t eons Sn tdta tb haotyetefe
ow0pnhp oao nrmytuP aonrtyoiht yveb iored gf e arbdofe futbihnncadgtts e hto hdete aht hrcedeorb rtrheyna brtnnhyi et,sh h sSoaitossaen tbss eehpc eoaenm,c i ngfmioievitdse rus neino srante ti.st srs te dhaeesc pri aosrinoteyn
(8) State Commission may, .on
tfhita ann odn aet aadnjyo sutrangme,ea l_l djournth e hearisnugco hf taeprmpesa als,b iut tm naoyt mthoinrke
:h"]l
should be decidedw ithin g0. doardysin naornil.y,bt re,. g fiivrsetn d aanted o thf eh eaaprpinega.l
fcsroiegnens oetfi dt(cua 9htn)ian drOgg tdr hedae.et Ber edon bf cythh ta ehn eSd tm sahteeamC ilb boeem rcmsoo mifs msthiouenn oS icntaa atteepdtcp o oe tmahlems phiaasrsllt iiboeens
--
S.Sivasubramaniam
President CCHEP
Cemter for Consumer Humanrights & Environment protection
Pandalur Pandalur (Po & Tk)
The Nilgiris 643 233
TamilnaduTHE TAMIIL NADU
CONSUMER PROTECTION RULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)
No. S.R.O. A-158/88.- In exerciseo f the powersc onferred
by sub-section(2 ) of Section3 0 of the ConsumePr rotectionA ct,
1986,( CentraAl ct No. 68 of 1986)r, eadw ith S.O.N o. 390 (E),
publishedi n Part [I - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedl 5th April, 1987a nd S.0.N o. 568(E),
publishedi n Part II - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedt he 1OthJ une 1987,t he Governoro f
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be calledt he Tamil Nadu ConsumerP rotectionR ules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseR ules,u nlesst,h e contexto therwise
requires -
(a) 56Act" means the Consumer Protection Act, 1986
(Central Act No. 68 of t986) ;
(b) ,,Agent" means a person duly authorised by a party
to present any complaint or appeal or reply on its
behalf before the State Commission or the
District Forum ;
(c) ,oAppellant" means a party which makes an appeal
against the order of the District Forum ;
(d) ,,Memorandum"
means memorandum of appeal
filed by the appellant;
(e) "opposite party" means a person who answers
complaint or claim :
A ,opresident,' means the president of the State
Commission or District Forum as the case may be ;
(g) 'oRespondent" means the person who answers anv
memorandum of appeal ;
(h) o,section" means Section of the Act :
(i) ,.State" means the State of Tamil Nadu ;
(D words and expression used in the Rules and not
defined' but defined in the Act shall have the meanins
respectivelya ssignedto them in the Act.
3. salaries and other ailowancesa nd terms and conditions
or[fT thhee P Preressidideennot tf a tnhde Dmisetmribcte Frso oruf mth seh aDlirsr etrciceti vFeot hruem sa._la ry(ol )f
the Judgeo f a Districtc ourt, if appointedo n whoret ime basiso r
an honorarium of Rs. 150 (Rupees one hundred and fifty only)
per day subject to a maximum of 2[Rs. 2,100 (Rupels two
thousand one hundred only)l p.. rnonih, if appointed on part_
I NSouvbesmtrbtuetre, bd19y 9 c1.. o. Ms. No.4l4, co-operationF, ooda nd consumerp rotectiond, ated7 th
2.' SMuabys,t 1it9ut9e3d.b y G o. Ms. No. 344 co-operation,F ood and consumer protection,d ated 7th
time basis. r[The President of a District Forum shall receive
the transfert ravellinga llowancei f hej oins suchD istrict Forum
from out-sidet he District]. 2[Otherm embersi f sitting on whole
time basis,s hallr eceivea consolidatedh onorariumo f Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis,a consolidatedh onorariumo f Rs. 750 (RupeesS even
hundred and fifty only) per month in addition to Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquarters shall also receive the
conveyancea llowanceo f Rs. 150( Rupeeso neh undreda nd fifty
only) per month.l
(2) The Presidenat nd the memberso f the District Forum
shallb e entitledf or sucht ravellinga llou,ancea ndd aily allowance
on official tour as are admissible to Grade I Offlcer of the
Government of Tamil Nadu.
(3) The salary or honorarium as the case may be and other
allowancess hall be defrayedo ut of the ConsolidatedF und of the
Government of Tamil Nadu.
(4) Before appointmentt,h e Presidenta nd memberso f the
District Forum shall have to take an undertaking that he does not
and will not have any financial or such other interests as is likelv
to affect prejudicially his functions as a member.
(5) In additiont o provisiono f sub-section(2 ) of Sectionl 0
the Government of Tamil Nadu may remove from office, the
President and members of a District Forum who -
(a) has been adjudged as an insolvent, or
Insertedb y C.O. Ms. No. ll2, Co-operatioFn,o oda ndC onsumepr rotectiond, ated,27th
May 1996.
Substitutebdy No. SRO.A -178190d, ated2 9thN overnbe1r 990.
Addedb y G.O. Ms. No. 204,C o-operationF,o oda nd Consumepr rotectiond, ated3 0th
August,1994.
z
l
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
actinga s the Presidento r member,o r
@ hasa cquiredfi nancialo r otheri nterestsli kely to
affectp rejudiciallyh is functionsa st he president
or a membet, or
(e) hass oa busedh is positiona st o renderh is continuancei
n officep reludiciatl o thep ublic inrerest:
Providedt hat the Presidento r members hall not
ber emovedf rom his ofliceo n theg rounds pecified
in clauses(d ) and( e)o f thes ub-rule( 5) excepto n
an inquiry heldb y the Goygrnmenot f TanirlN adu
in accordancew ith ru.Ffiro..dure as it may'
specifyi n thisb ehalfa ndf indst he Presidenot r a
member to be guilty on such ground.
'[(5-A) The Governmenot f TamilN adum ay,a frere rr ing a
reasonableo pportunity of being heard,r emove front ottlce. a
membero f a DistrictF orumw ho hasn ot attendedtw o consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The Presidenot f the DistrictF orum shallb e liable
for transfer from one District to another District in case of anv
requesbt y him or on AdministrativeG rounds.]
(6) The termsa ndc onditionso f thes erviceo f the President
and the members of the District Forum shall not be r.aried to
their disadvantased urine their tenureo f office.
I Insertedb y C.O. Ms. No. l2l Co-operationF, ood and ConsumerP rotectiond aredl .lth
June 1996.
2 Substitutedb y G.O. Ms. No. 152,C o-operationF,o oda ndC onsumerp rotectiond aredl lth
August, 1998.
(7) where any vacancy occurs in the ofiice ofthe president
of the District Forum, the senior-most (in order of appointment)
member of District Forum, hording office for the time being, shall
discharge the functions of the president untir a person apiointed
to fill such vacancy assumes the office of the president of the
District Forum.
(8) when the president of the District Forum is unable to
dischargeth e functionso wing to absencei,lr nesso r any otherc ause,
the senior-mos(ti n ordero f thea ppointmentm) embero f theD istrict
Forum shall discharget he functiins of the presidentu ntir the day
on which the Presidenrte sumesth e chargeo f his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointmenitn or be connectedw ith the
managemenot r administrationo f an organisationw hich hasb eent he
subjecto f any proceedingu ndert heA ctduring his tenuref or a period
of 5 yearsf rom the dateo n which he ceasesto hold sucho ffice.
(10) In caseo f differenceo f opiniona mongt he members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinionso r orderso f the Forum shall be expressedin
terms of the view of the majority.
(11) (i) The president and the members shalr hord office
for_a term of five years or upto the age of 65 years whichever is
earliera nd shall not be eligiblef or re_appointmen;t
(ii) Notwithstanding anything contained in sub_
rule (i) the president or the member may --
' (a) by writing under his hand and addressed
to the Government of Tamil Nadu resign
his office at any time and on such
resignationb eing acceptedh, is office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarteros f the District. where StateG overnmentd ecides
to establisha singleD istrictF orumh avingj urisdictiono verm ore
than one district, it shail Notify the place and jurisdiction of the
District Forum so established.
(2) The working days and the office hours of the Disr.ct
Forum shall be the same as that of the Government orramit xaau
(3) The official seal of the District
follows:-
Forum shall be as
sear.- The seals ha'have two concentrica rcsb ea'ns thei nscriprionnsa, mely"D ISTRICTC ONSUMEoRt soutii
REDRESSAL F.RUM" and name of the District at the Centre.
(4) Sitting of the District Forum, as and when necessan.
shall be convened by the president.
(5) No act or proceedingso f the Distr^.,iF orum shat be
invalid by reasono nry of the existenceo f any vacancya mongl ts
Presidenot r memberso r any defecti n its constitution.
(6) StateG overnmenst halla ppoints uchs taff,a s ma1.be
necessaryto assistt he DistrictF orumi n its day-to-day* ,ork and
to perform such other functions as are provided und., the nct
and these Rures or assigned to it by the president. The sarary
payable to such staff shail be defrayed out of the consoridated
Fund of the State Govemment.
(7) Where the opposite party admits the allegation made
by the complainantt,h e DistrictF orums halld ecidet lie compraint
on the basis of the merit of the case and .documentsp ..r.n,
before it.
(8) If duringt he proceedingcso nductedu nderS ectionl 3,
the District Forum fixes a date for hearing of the parties, it shail
be obligatory on the complaint and opposite parfy or its authorised
agent to appear before the District Forum on such date of hearing
or any other date to which hearing could be adjourned. Where
the complainanto r his authoriseda gentf ails to appearb efbre the
District Forum on such day, the District Forum may in its
discretione itherd ismisst he complaintf or defaulto r decidei t on
merit. Where the opposite party or its authorised agent fails to
appear on the day of hearing the District Forum may decide the
complaint ex-parte.
(9) While proceedingu nders ub-rule( 8) theD istrictF orum
may, on such terms as it may think fit and at any stage, adjourn the
hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90
days from the date of notice received by the opposite party where
complaint does not require analysis or testing of the goods and
within 150d aysi f it requiresa nalysiso r testingo f the goods.
(10) Orders of the District Forum shall be signed and dated
by the members of the District Forum constituting the Bench
and shall be communicated to the parties free of charges.
5. Procedure to be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars, shall be presented by the
complainant in person or by his authorised agent to the District
Forum/ StateC ommissiono, r be sentb y registeredp ost addressed
to the District Forum / State Commission :-
(a) the name,d escriptiona nda ddresso f 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 complaint and when and where
it arose :
@ documenti n supporto f the allegationsc ontainedi n
the complaint ;
(e) the relief which complainanct laims.
Fsaeoncrau6tlimy.o sPn mi(s raloa )y cn deodidfr teueScrseett tch itntoeigco boonmef l 3 tpah ldieafo igncpoaotenondttds o sib dp.y-er o rtuvehinddend e eDet cwrie socst rrssaiecauptrs yaetF rt( arocetr)es u oo amifsm strpluibrcbert-s
of the goods packed in clean dry boitles orjars or other surrable
containersw hich shall be sufficientryt ight to prevent reakage,
evaporationo, r in the caseo f dry rrbriunc" entranceo f moisture.
with a paper slip wrapped and pasted on the container in *.hich
ftahcet suirgenr,af rtoumreo wr thhoumm tbhi em gporoedsss aioreno p f uihrceh paesresdos nh,ta rlal dbee rao frf rmxeadn :u-
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
wori tntheusmss bh-aimll bpere tsaskieonni t,nh eth sei gsnaamteum reao nr ntehru.mU_l_p..rrio'no f u
(2) on receivingt he sampreso f suchg oods,t he Drst.ct
iFnoforurmnia sthioanll: f-i*x lableso n the containersc arryingt he folrour ng
(i) Name and addresso f the appropriatel aborarory
to whom the sample will be sent for analvsis
and test :
(ii) Name and address of the District Forum :
(iii) Case Number ;
(iv) Nature of articles sent for analysis and tesr :
(y) Seal of the District Forum.
(3) The containero f samples hallb e completelyu .rapped
in fairly strong thick paper, the ends of the pup.. shali ue neatry
folded in and affixed by means of gum or adhesive. The paper
cover shall be further secured by means of strong twine or thread
both above and across the container and the twine of thread shall
then be fastened on the paper cover by means of sealing wax on
which theres hall be at leastf our distinct and clear impressionso f
the seal of which one shall be at the top of the packet, one at the
bottom of the packet and the other two on the body of the packet.
Thek notso f thet wine or threads hallb e coveredb y meanso f sealing
wax bearingt he impressionso f the sealo f the District Forum.
(4) One of the sealedc ontainersw ill be retainedb y the
District Forum for future reference and another will be sent to
the appropriatela boratoryb y the District Forum for sendingr eport
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
allegeda nd dateo f submissiono f the report.
(5) The quantityo f sample,i n caseo f food samples,f or
analysiss hallb e as specifiedu nderR ule 22 of the Preventiono f
Food Adulteration Rules, 1955.
(6) A specimen impression of the seal used to seal the
container of the sample packet will be sent to the appropriate
laboratorys eparatelyb y the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriatel aboratory.
7. Salary and other allowances and terms and conditions
of the President and members of the State Commission.-
(1) I[The President of the State Commission shall receive the
salary, allowances and other perquisites as are applicable to a
I Substitutedb y C.O. Ms. No. 408. Co-operation,F ood and ConsumerP rotection,d ated 2nd
September,1992.
p:e:: irdl' [a[lry o t,irl :,l,i: :l ]lTo":i':9-w* hore-btium,ieo,1 .u
nlilil;ir"L}:,
:n ,*rrHi HJ l::f t * l
ffi1ffi":r;jl,'";," *;;i;_i*:b as,isr,,u iil...ra\e
onry)p erm onth
norariumo f Rs'3 '0006 up.." irr.i.' ,rrorruno no ,,oum. ;ui 'i,:r:f , ld i:#J:,.".:if lf:ji H:, r ux lru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharar rsore cee,r r he
per month.]
uunteo f Rs' 1'000( Rupeeosn et iorruno onr"t
ssions (h2a) lTl bhee pe rliegsibidleef noat, n ,dut Jh em, .ue"m.,rb,enr*os u f ftfhoe*u Snta..t eJC no 0mum,,,i_ fi; i,T:i,f,fX T:IHf f :;; r,i,u rt.o o .J, .I olic,e r o r
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhec onsolidaet.*Jo or theG oer rnmeonrr
(4) The president
StateC ommissions hall hold and the members oi rhe
"m..
,", :il:,,:';::$n#il*;:J#.lf:;fi i ;n; :
provided that president and members may :_-
(a) Sbyta wterGi tionvge urnnmdeernh rti es shiagnndh a isn odf afidcder re"rsls 1e1dto" , r.,h e
(b) pbreo rveimsioonveso dff rsoumb _hrisu loe(f5 fi)c.e in accordanceu .rrh
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsrirutedfo r the words..70y ears,,byN o. S.R.O.A _7g/90d ated3 0th Nla_v1 990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office Presidento r membero f the StateC ommissionw ho, -
(a) hasb eena djudgeda s an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude ; or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
acting as President or a member ; or
(d) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
President or a member ; or
(e) has so abused his position as to render his
continuance in office prejudicial to public
interest :
Provided that the President or a member shall not be
removedf rom his office on the grounds pecifiedi n clauses( d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordancwe ith suchp rocedurea si t may specifl'
in this behalf and finds the President or a member to be euiltv on
such ground.
'[(5-A) The Government of Tamil Nadu may, after giving
reasonableo pportunity of being heard,r emove from office a
member of the State Commission who has not attended two
consecutives ittingso f the StateC ommissionw ithout sufficient
causes.]
(6) Beforea ppointmentP, residenat ndm emberso f the State
Commissions hall havet o take an undertakinet hat he doesn ot
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
taon adfw feilcl tn poret jhuadviceia anryy shuisc fhuf inncatinocnisaa lo sr portehseirdi ennteto re, sut -sa. rsi ;r;s. rike"r'v
(7) The terms and conditions of the service of the president
tahnedir t hdeis madevmabnetargso edf uthrien Sg ttahteeicr otemnmurieso sfi oonfsf ihcea.rr' ot be ra'ed to
sthueb P-rrue(lse8(i )d4 Ee) nvooter r ro ayt nhvyea orcwtahinescermsy ch eaamurs bbeeed. bof iyflr terhedes b Sigyta nfrtaeetc isoohmnaa npmdpis oresinimotmnou re.nandlto e.fr
StdoPoitrrs adefciteslehlriC ad os(orefu9g mnca)etot hmph wfv pe ihtaso fheusciernniae ostcn mnttaaci.enotyaenyn s tcss)ohso ufoum ctlmhhdm eiveni aisstrghcse oaeisofn iofndcifc,eytf ehin oc etcfe, o cs" orrue ifrtn, sh,ti h ioe.ne r t;n i;tpmrhrro"eee;s; s o;rbm"i fd,ef;ieeicrn:ncn;sr.ot .b. f tse -htrt(h haineell
(10) when thep residenot f the Statec omnrissionis .:iirabre
sctotaa udtseisec c,oth hmaemr sgeiestnhs ieioo frnum s nohcsattil mord neissom cwbhieanrr(g git neot h o aerbd fsueenr oncftc iaeoipr,n npsoe" ifs; ,ts;ho *e;r; Da', nre,o,so ir tdthheeenrt
fuunnticl ttihoen ds.ay on which the presidentr esumest he charseo : his
hfbtaohoesrele sda mnu s t pachuhene(cls r ash ilhugoo) a bedfTfljm oilehc nfceee otfon . ptiofv thr raeeo an syldydied mp aaernironnsyctif o ,sear rotepi amadpniio intyoihgn munoe tn emf dd amaeentrbnte ohietn o rergc n o Aea rwcan bthsi,se iidcna cuhgtotri ooihnnn *ehng rehh crciielscdra htre rse dhi,enl, al,su"rr,,_i ro ,ehe r.
iaonnf ttdeh trehm Se(s tor ao2pft)i e ntCrh niooe cnm va oimserew ioos srfs daoioef d nrtisthf,ohf eefe mrt oehpaneiicon cerioioin tmnv oo. mpfi irnsnis.oi omnan a,m hjoourntittg"]t.b ,h n.e .ur ntptr pre.r,nerr.,ba ue,trs
8. Places of sitting and other matters relating to State
Commission.- (1) The office of the State Commission shall be
located at Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official seal of the State Government
shall be as follows :-
Emblem.- The State Commission as Head of the
Department shall use the State Emblem in their official letter
heads, namely "single colour black Emblem in full with
designationw ithin two concentrica rcso f two-thirdso f a circle."
Seal.- The seal shall have two concentric arcs of twothirds
of a circle with the inscriptions, namely, "STATE
CONSUME,R DISPUTES REDRESSAL COMMISSION" ANd
rvith the State Emblem at the centre.
(4) Sitting of the State Commission, as and when necessary
shall be convened by the President.
(5) No act or proceedingso f the StateC ommissions hall
be invalid by reasonso nly of the existenceo f any vacancya mong
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessaryto assistt he StateC ommissioni n its
work aird to perform such other functions as are provided under
the Act and these Rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidateti Fund of the Government of Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complaint on the basis of the merit of the case and documents
presentedb eforei t.
(8) Ifduring the proceedingcso nductedu nderS ection1 3,
StateC ommissionf ixes a datef or hearingo f the parties,i t shall
be obligatory on the complainant and opposite party or his
authorised agent to appear before the State Commission on such
date of hearing or any other date to which hearing could be
adjourned. Where the complainant or his authorised agent fails
to appear before the State Commission on such day, the State
Commission may in its discretion either dismiss the complaint
for defaulto r decidei t on merits.W heret he oppositep artv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedingsu nders ub-rule( 8) the StateC onimission
may, on such terms as it may think fit and at an-us"t age'o f
the proceedingsa djournt he hearingo f the complaintb ut not more
thano nea djournmenst hallo rdinarilyb e givena ndt he complaint
shall be decided within 90 days from the date of notice receir-ed
by the opposite parfy where the complaint does not requtre anall'sis
or testingo f the goodsa ndw ithin 150d aysi f it requiresa nalvsis
or testing of the goods.
(10) Orderso f the StateC ommissions hallb e signeda nd
datedb y the memberso f the StateC ommissionc onstitutingt he
Bench and shall be communicatedto the partiesf ree of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
StateC ommissionin pers'ono r sentb y registeredp ost addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
cacoorgnnussemisceeurnytuit vo nerd leyn.rad rirsatitnivcet h aenadd ss,tu hceh g grorounudnsdo sf haapp' ebaerw nituhmoubte arneyd
oacfne dort bsifujieec(cdh3tco i)oo f Epnthmy ae oce dfhn ot tmhcioeuen ommereddoine nrtar sot anh fsd et mhu maemlyD sm bhisoeatr rrlaelic nbqtdueF ui oramercud.ctm oo a mspupppaepnaoilreetg ddabr ogyua ntihndsest
acfaoopocfr pmctleoihm'ram tiilthws( pa4esiatt)i ihn fooWaiinnnech t dbthtea h yoanse nt a t sphh npweee aer ahhipcopiapcipdfslhie ioe sc afadua lilp i ftsinfimp oip cetnirithsete atuesnatp eitAnoc pnincraot ete,ur,rdt saieM eefdtfbs eeo yt mrro t ahn osneora a aet tnfpxifsdpridefiuryafmye tv hor sirtfeh s ipn aeSeg,trt tt iahibonteedeg
memor(a5n)d Tumhte o athpep SettaatneC t sohmam' isssuiobnmf oirt fooffuicri aclo iupripeosr o.sf. the
opaoSaamrfgrputot adaehptcyehtneeee cobtc lef c ilreoadad(ai smei6en arsiex) sottdme O-d otrjp.aoo i hnnsag ui asttrserhhtipn eanoeepe autn dmsemdnt at hae,idotat orre o syi sorat hn, iohfips ah nfasep ie tuilldhe tlaad csbe agreh edi crecnb d iaoinsgdeasbcot fefte rarroet .ieI haigr ,frtt eenashrio e ytt aieohons op eS erp,atpy hi otpftSe aeohnpattrreddaee r etre cata dh xenoyrioe-o sc t tmpn orpmoa mh samwriiusrtsihmetscs iait osech hiusnihds eotso ahhm anirteoop s eetarnhph,ritrs. iaeheit Ienslaeifldrgr
lgCoCerbaooojvmumeencmm odtfi(isi ios7ts ohsn)ifo ei sToon nShnb,oet ,ijau net a tr cespgdtC eipeeotoe cnofmlio rlsda rmeibtnnhteiftgss o i tshnhrhitae ohetlan hl ru nurn edpno i pitdtmnr,e.e e eur sxmi mt,uhc ,eoipetsm rppu Raotolb nlurr ytadnl eo nuol ef:dtm a uacb vmnoueyno o t rf gfi t ntrhtaoheekue t eons Sn tdta tb haotyetefe
ow0pnhp oao nrmytuP aonrtyoiht yveb iored gf e arbdofe futbihnncadgtts e hto hdete aht hrcedeorb rtrheyna brtnnhyi et,sh h sSoaitossaen tbss eehpc eoaenm,c i ngfmioievitdse rus neino srante ti.st srs te dhaeesc pri aosrinoteyn
(8) State Commission may, .on
tfhita ann odn aet aadnjyo sutrangme,ea l_l djournth e hearisnugco hf taeprmpesa als,b iut tm naoyt mthoinrke
:h"]l
should be decidedw ithin g0. doardysin naornil.y,bt re,. g fiivrsetn d aanted o thf eh eaaprpinega.l
fcsroiegnens oetfi dt(cua 9htn)ian drOgg tdr hedae.et Ber edon bf cythh ta ehn eSd tm sahteeamC ilb boeem rcmsoo mifs msthiouenn oS icntaa atteepdtcp o oe tmahlems phiaasrsllt iiboeens
--
S.Sivasubramaniam
President CCHEP
Cemter for Consumer Humanrights & Environment protection
Pandalur Pandalur (Po & Tk)
The Nilgiris 643 233
TamilnaduTHE TAMIIL NADU
CONSUMER PROTECTION RULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)
No. S.R.O. A-158/88.- In exerciseo f the powersc onferred
by sub-section(2 ) of Section3 0 of the ConsumePr rotectionA ct,
1986,( CentraAl ct No. 68 of 1986)r, eadw ith S.O.N o. 390 (E),
publishedi n Part [I - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedl 5th April, 1987a nd S.0.N o. 568(E),
publishedi n Part II - Section3 , sub-section(i i) of the Gazetteo f
India, Extraordinaryd, atedt he 1OthJ une 1987,t he Governoro f
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be calledt he Tamil Nadu ConsumerP rotectionR ules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseR ules,u nlesst,h e contexto therwise
requires -
(a) 56Act" means the Consumer Protection Act, 1986
(Central Act No. 68 of t986) ;
(b) ,,Agent" means a person duly authorised by a party
to present any complaint or appeal or reply on its
behalf before the State Commission or the
District Forum ;
(c) ,oAppellant" means a party which makes an appeal
against the order of the District Forum ;
(d) ,,Memorandum"
means memorandum of appeal
filed by the appellant;
(e) "opposite party" means a person who answers
complaint or claim :
A ,opresident,' means the president of the State
Commission or District Forum as the case may be ;
(g) 'oRespondent" means the person who answers anv
memorandum of appeal ;
(h) o,section" means Section of the Act :
(i) ,.State" means the State of Tamil Nadu ;
(D words and expression used in the Rules and not
defined' but defined in the Act shall have the meanins
respectivelya ssignedto them in the Act.
3. salaries and other ailowancesa nd terms and conditions
or[fT thhee P Preressidideennot tf a tnhde Dmisetmribcte Frso oruf mth seh aDlirsr etrciceti vFeot hruem sa._la ry(ol )f
the Judgeo f a Districtc ourt, if appointedo n whoret ime basiso r
an honorarium of Rs. 150 (Rupees one hundred and fifty only)
per day subject to a maximum of 2[Rs. 2,100 (Rupels two
thousand one hundred only)l p.. rnonih, if appointed on part_
I NSouvbesmtrbtuetre, bd19y 9 c1.. o. Ms. No.4l4, co-operationF, ooda nd consumerp rotectiond, ated7 th
2.' SMuabys,t 1it9ut9e3d.b y G o. Ms. No. 344 co-operation,F ood and consumer protection,d ated 7th
time basis. r[The President of a District Forum shall receive
the transfert ravellinga llowancei f hej oins suchD istrict Forum
from out-sidet he District]. 2[Otherm embersi f sitting on whole
time basis,s hallr eceivea consolidatedh onorariumo f Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis,a consolidatedh onorariumo f Rs. 750 (RupeesS even
hundred and fifty only) per month in addition to Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquarters shall also receive the
conveyancea llowanceo f Rs. 150( Rupeeso neh undreda nd fifty
only) per month.l
(2) The Presidenat nd the memberso f the District Forum
shallb e entitledf or sucht ravellinga llou,ancea ndd aily allowance
on official tour as are admissible to Grade I Offlcer of the
Government of Tamil Nadu.
(3) The salary or honorarium as the case may be and other
allowancess hall be defrayedo ut of the ConsolidatedF und of the
Government of Tamil Nadu.
(4) Before appointmentt,h e Presidenta nd memberso f the
District Forum shall have to take an undertaking that he does not
and will not have any financial or such other interests as is likelv
to affect prejudicially his functions as a member.
(5) In additiont o provisiono f sub-section(2 ) of Sectionl 0
the Government of Tamil Nadu may remove from office, the
President and members of a District Forum who -
(a) has been adjudged as an insolvent, or
Insertedb y C.O. Ms. No. ll2, Co-operatioFn,o oda ndC onsumepr rotectiond, ated,27th
May 1996.
Substitutebdy No. SRO.A -178190d, ated2 9thN overnbe1r 990.
Addedb y G.O. Ms. No. 204,C o-operationF,o oda nd Consumepr rotectiond, ated3 0th
August,1994.
z
l
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
actinga s the Presidento r member,o r
@ hasa cquiredfi nancialo r otheri nterestsli kely to
affectp rejudiciallyh is functionsa st he president
or a membet, or
(e) hass oa busedh is positiona st o renderh is continuancei
n officep reludiciatl o thep ublic inrerest:
Providedt hat the Presidento r members hall not
ber emovedf rom his ofliceo n theg rounds pecified
in clauses(d ) and( e)o f thes ub-rule( 5) excepto n
an inquiry heldb y the Goygrnmenot f TanirlN adu
in accordancew ith ru.Ffiro..dure as it may'
specifyi n thisb ehalfa ndf indst he Presidenot r a
member to be guilty on such ground.
'[(5-A) The Governmenot f TamilN adum ay,a frere rr ing a
reasonableo pportunity of being heard,r emove front ottlce. a
membero f a DistrictF orumw ho hasn ot attendedtw o consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The Presidenot f the DistrictF orum shallb e liable
for transfer from one District to another District in case of anv
requesbt y him or on AdministrativeG rounds.]
(6) The termsa ndc onditionso f thes erviceo f the President
and the members of the District Forum shall not be r.aried to
their disadvantased urine their tenureo f office.
I Insertedb y C.O. Ms. No. l2l Co-operationF, ood and ConsumerP rotectiond aredl .lth
June 1996.
2 Substitutedb y G.O. Ms. No. 152,C o-operationF,o oda ndC onsumerp rotectiond aredl lth
August, 1998.
(7) where any vacancy occurs in the ofiice ofthe president
of the District Forum, the senior-most (in order of appointment)
member of District Forum, hording office for the time being, shall
discharge the functions of the president untir a person apiointed
to fill such vacancy assumes the office of the president of the
District Forum.
(8) when the president of the District Forum is unable to
dischargeth e functionso wing to absencei,lr nesso r any otherc ause,
the senior-mos(ti n ordero f thea ppointmentm) embero f theD istrict
Forum shall discharget he functiins of the presidentu ntir the day
on which the Presidenrte sumesth e chargeo f his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointmenitn or be connectedw ith the
managemenot r administrationo f an organisationw hich hasb eent he
subjecto f any proceedingu ndert heA ctduring his tenuref or a period
of 5 yearsf rom the dateo n which he ceasesto hold sucho ffice.
(10) In caseo f differenceo f opiniona mongt he members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinionso r orderso f the Forum shall be expressedin
terms of the view of the majority.
(11) (i) The president and the members shalr hord office
for_a term of five years or upto the age of 65 years whichever is
earliera nd shall not be eligiblef or re_appointmen;t
(ii) Notwithstanding anything contained in sub_
rule (i) the president or the member may --
' (a) by writing under his hand and addressed
to the Government of Tamil Nadu resign
his office at any time and on such
resignationb eing acceptedh, is office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarteros f the District. where StateG overnmentd ecides
to establisha singleD istrictF orumh avingj urisdictiono verm ore
than one district, it shail Notify the place and jurisdiction of the
District Forum so established.
(2) The working days and the office hours of the Disr.ct
Forum shall be the same as that of the Government orramit xaau
(3) The official seal of the District
follows:-
Forum shall be as
sear.- The seals ha'have two concentrica rcsb ea'ns thei nscriprionnsa, mely"D ISTRICTC ONSUMEoRt soutii
REDRESSAL F.RUM" and name of the District at the Centre.
(4) Sitting of the District Forum, as and when necessan.
shall be convened by the president.
(5) No act or proceedingso f the Distr^.,iF orum shat be
invalid by reasono nry of the existenceo f any vacancya mongl ts
Presidenot r memberso r any defecti n its constitution.
(6) StateG overnmenst halla ppoints uchs taff,a s ma1.be
necessaryto assistt he DistrictF orumi n its day-to-day* ,ork and
to perform such other functions as are provided und., the nct
and these Rures or assigned to it by the president. The sarary
payable to such staff shail be defrayed out of the consoridated
Fund of the State Govemment.
(7) Where the opposite party admits the allegation made
by the complainantt,h e DistrictF orums halld ecidet lie compraint
on the basis of the merit of the case and .documentsp ..r.n,
before it.
(8) If duringt he proceedingcso nductedu nderS ectionl 3,
the District Forum fixes a date for hearing of the parties, it shail
be obligatory on the complaint and opposite parfy or its authorised
agent to appear before the District Forum on such date of hearing
or any other date to which hearing could be adjourned. Where
the complainanto r his authoriseda gentf ails to appearb efbre the
District Forum on such day, the District Forum may in its
discretione itherd ismisst he complaintf or defaulto r decidei t on
merit. Where the opposite party or its authorised agent fails to
appear on the day of hearing the District Forum may decide the
complaint ex-parte.
(9) While proceedingu nders ub-rule( 8) theD istrictF orum
may, on such terms as it may think fit and at any stage, adjourn the
hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90
days from the date of notice received by the opposite party where
complaint does not require analysis or testing of the goods and
within 150d aysi f it requiresa nalysiso r testingo f the goods.
(10) Orders of the District Forum shall be signed and dated
by the members of the District Forum constituting the Bench
and shall be communicated to the parties free of charges.
5. Procedure to be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars, shall be presented by the
complainant in person or by his authorised agent to the District
Forum/ StateC ommissiono, r be sentb y registeredp ost addressed
to the District Forum / State Commission :-
(a) the name,d escriptiona nda ddresso f 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 complaint and when and where
it arose :
@ documenti n supporto f the allegationsc ontainedi n
the complaint ;
(e) the relief which complainanct laims.
Fsaeoncrau6tlimy.o sPn mi(s raloa )y cn deodidfr teueScrseett tch itntoeigco boonmef l 3 tpah ldieafo igncpoaotenondttds o sib dp.y-er o rtuvehinddend e eDet cwrie socst rrssaiecauptrs yaetF rt( arocetr)es u oo amifsm strpluibrcbert-s
of the goods packed in clean dry boitles orjars or other surrable
containersw hich shall be sufficientryt ight to prevent reakage,
evaporationo, r in the caseo f dry rrbriunc" entranceo f moisture.
with a paper slip wrapped and pasted on the container in *.hich
ftahcet suirgenr,af rtoumreo wr thhoumm tbhi em gporoedsss aioreno p f uihrceh paesresdos nh,ta rlal dbee rao frf rmxeadn :u-
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
wori tntheusmss bh-aimll bpere tsaskieonni t,nh eth sei gsnaamteum reao nr ntehru.mU_l_p..rrio'no f u
(2) on receivingt he sampreso f suchg oods,t he Drst.ct
iFnoforurmnia sthioanll: f-i*x lableso n the containersc arryingt he folrour ng
(i) Name and addresso f the appropriatel aborarory
to whom the sample will be sent for analvsis
and test :
(ii) Name and address of the District Forum :
(iii) Case Number ;
(iv) Nature of articles sent for analysis and tesr :
(y) Seal of the District Forum.
(3) The containero f samples hallb e completelyu .rapped
in fairly strong thick paper, the ends of the pup.. shali ue neatry
folded in and affixed by means of gum or adhesive. The paper
cover shall be further secured by means of strong twine or thread
both above and across the container and the twine of thread shall
then be fastened on the paper cover by means of sealing wax on
which theres hall be at leastf our distinct and clear impressionso f
the seal of which one shall be at the top of the packet, one at the
bottom of the packet and the other two on the body of the packet.
Thek notso f thet wine or threads hallb e coveredb y meanso f sealing
wax bearingt he impressionso f the sealo f the District Forum.
(4) One of the sealedc ontainersw ill be retainedb y the
District Forum for future reference and another will be sent to
the appropriatela boratoryb y the District Forum for sendingr eport
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
allegeda nd dateo f submissiono f the report.
(5) The quantityo f sample,i n caseo f food samples,f or
analysiss hallb e as specifiedu nderR ule 22 of the Preventiono f
Food Adulteration Rules, 1955.
(6) A specimen impression of the seal used to seal the
container of the sample packet will be sent to the appropriate
laboratorys eparatelyb y the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriatel aboratory.
7. Salary and other allowances and terms and conditions
of the President and members of the State Commission.-
(1) I[The President of the State Commission shall receive the
salary, allowances and other perquisites as are applicable to a
I Substitutedb y C.O. Ms. No. 408. Co-operation,F ood and ConsumerP rotection,d ated 2nd
September,1992.
p:e:: irdl' [a[lry o t,irl :,l,i: :l ]lTo":i':9-w* hore-btium,ieo,1 .u
nlilil;ir"L}:,
:n ,*rrHi HJ l::f t * l
ffi1ffi":r;jl,'";," *;;i;_i*:b as,isr,,u iil...ra\e
onry)p erm onth
norariumo f Rs'3 '0006 up.." irr.i.' ,rrorruno no ,,oum. ;ui 'i,:r:f , ld i:#J:,.".:if lf:ji H:, r ux lru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharar rsore cee,r r he
per month.]
uunteo f Rs' 1'000( Rupeeosn et iorruno onr"t
ssions (h2a) lTl bhee pe rliegsibidleef noat, n ,dut Jh em, .ue"m.,rb,enr*os u f ftfhoe*u Snta..t eJC no 0mum,,,i_ fi; i,T:i,f,fX T:IHf f :;; r,i,u rt.o o .J, .I olic,e r o r
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhec onsolidaet.*Jo or theG oer rnmeonrr
(4) The president
StateC ommissions hall hold and the members oi rhe
"m..
,", :il:,,:';::$n#il*;:J#.lf:;fi i ;n; :
provided that president and members may :_-
(a) Sbyta wterGi tionvge urnnmdeernh rti es shiagnndh a isn odf afidcder re"rsls 1e1dto" , r.,h e
(b) pbreo rveimsioonveso dff rsoumb _hrisu loe(f5 fi)c.e in accordanceu .rrh
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsrirutedfo r the words..70y ears,,byN o. S.R.O.A _7g/90d ated3 0th Nla_v1 990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office Presidento r membero f the StateC ommissionw ho, -
(a) hasb eena djudgeda s an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude ; or
(c) hasb ecomep hysicallyo r mentallyi ncapableo f
acting as President or a member ; or
(d) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
President or a member ; or
(e) has so abused his position as to render his
continuance in office prejudicial to public
interest :
Provided that the President or a member shall not be
removedf rom his office on the grounds pecifiedi n clauses( d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordancwe ith suchp rocedurea si t may specifl'
in this behalf and finds the President or a member to be euiltv on
such ground.
'[(5-A) The Government of Tamil Nadu may, after giving
reasonableo pportunity of being heard,r emove from office a
member of the State Commission who has not attended two
consecutives ittingso f the StateC ommissionw ithout sufficient
causes.]
(6) Beforea ppointmentP, residenat ndm emberso f the State
Commissions hall havet o take an undertakinet hat he doesn ot
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
taon adfw feilcl tn poret jhuadviceia anryy shuisc fhuf inncatinocnisaa lo sr portehseirdi ennteto re, sut -sa. rsi ;r;s. rike"r'v
(7) The terms and conditions of the service of the president
tahnedir t hdeis madevmabnetargso edf uthrien Sg ttahteeicr otemnmurieso sfi oonfsf ihcea.rr' ot be ra'ed to
sthueb P-rrue(lse8(i )d4 Ee) nvooter r ro ayt nhvyea orcwtahinescermsy ch eaamurs bbeeed. bof iyflr terhedes b Sigyta nfrtaeetc isoohmnaa npmdpis oresinimotmnou re.nandlto e.fr
StdoPoitrrs adefciteslehlriC ad os(orefu9g mnca)etot hmph wfv pe ihtaso fheusciernniae ostcn mnttaaci.enotyaenyn s tcss)ohso ufoum ctlmhhdm eiveni aisstrghcse oaeisofn iofndcifc,eytf ehin oc etcfe, o cs" orrue ifrtn, sh,ti h ioe.ne r t;n i;tpmrhrro"eee;s; s o;rbm"i fd,ef;ieeicrn:ncn;sr.ot .b. f tse -htrt(h haineell
(10) when thep residenot f the Statec omnrissionis .:iirabre
sctotaa udtseisec c,oth hmaemr sgeiestnhs ieioo frnum s nohcsattil mord neissom cwbhieanrr(g git neot h o aerbd fsueenr oncftc iaeoipr,n npsoe" ifs; ,ts;ho *e;r; Da', nre,o,so ir tdthheeenrt
fuunnticl ttihoen ds.ay on which the presidentr esumest he charseo : his
hfbtaohoesrele sda mnu s t pachuhene(cls r ash ilhugoo) a bedfTfljm oilehc nfceee otfon . ptiofv thr raeeo an syldydied mp aaernironnsyctif o ,sear rotepi amadpniio intyoihgn munoe tn emf dd amaeentrbnte ohietn o rergc n o Aea rwcan bthsi,se iidcna cuhgtotri ooihnnn *ehng rehh crciielscdra htre rse dhi,enl, al,su"rr,,_i ro ,ehe r.
iaonnf ttdeh trehm Se(s tor ao2pft)i e ntCrh niooe cnm va oimserew ioos srfs daoioef d nrtisthf,ohf eefe mrt oehpaneiicon cerioioin tmnv oo. mpfi irnsnis.oi omnan a,m hjoourntittg"]t.b ,h n.e .ur ntptr pre.r,nerr.,ba ue,trs
8. Places of sitting and other matters relating to State
Commission.- (1) The office of the State Commission shall be
located at Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official seal of the State Government
shall be as follows :-
Emblem.- The State Commission as Head of the
Department shall use the State Emblem in their official letter
heads, namely "single colour black Emblem in full with
designationw ithin two concentrica rcso f two-thirdso f a circle."
Seal.- The seal shall have two concentric arcs of twothirds
of a circle with the inscriptions, namely, "STATE
CONSUME,R DISPUTES REDRESSAL COMMISSION" ANd
rvith the State Emblem at the centre.
(4) Sitting of the State Commission, as and when necessary
shall be convened by the President.
(5) No act or proceedingso f the StateC ommissions hall
be invalid by reasonso nly of the existenceo f any vacancya mong
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessaryto assistt he StateC ommissioni n its
work aird to perform such other functions as are provided under
the Act and these Rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidateti Fund of the Government of Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complaint on the basis of the merit of the case and documents
presentedb eforei t.
(8) Ifduring the proceedingcso nductedu nderS ection1 3,
StateC ommissionf ixes a datef or hearingo f the parties,i t shall
be obligatory on the complainant and opposite party or his
authorised agent to appear before the State Commission on such
date of hearing or any other date to which hearing could be
adjourned. Where the complainant or his authorised agent fails
to appear before the State Commission on such day, the State
Commission may in its discretion either dismiss the complaint
for defaulto r decidei t on merits.W heret he oppositep artv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedingsu nders ub-rule( 8) the StateC onimission
may, on such terms as it may think fit and at an-us"t age'o f
the proceedingsa djournt he hearingo f the complaintb ut not more
thano nea djournmenst hallo rdinarilyb e givena ndt he complaint
shall be decided within 90 days from the date of notice receir-ed
by the opposite parfy where the complaint does not requtre anall'sis
or testingo f the goodsa ndw ithin 150d aysi f it requiresa nalvsis
or testing of the goods.
(10) Orderso f the StateC ommissions hallb e signeda nd
datedb y the memberso f the StateC ommissionc onstitutingt he
Bench and shall be communicatedto the partiesf ree of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
StateC ommissionin pers'ono r sentb y registeredp ost addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
cacoorgnnussemisceeurnytuit vo nerd leyn.rad rirsatitnivcet h aenadd ss,tu hceh g grorounudnsdo sf haapp' ebaerw nituhmoubte arneyd
oacfne dort bsifujieec(cdh3tco i)oo f Epnthmy ae oce dfhn ot tmhcioeuen ommereddoine nrtar sot anh fsd et mhu maemlyD sm bhisoeatr rrlaelic nbqtdueF ui oramercud.ctm oo a mspupppaepnaoilreetg ddabr ogyua ntihndsest
acfaoopocfr pmctleoihm'ram tiilthws( pa4esiatt)i ihn fooWaiinnnech t dbthtea h yoanse nt a t sphh npweee aer ahhipcopiapcipdfslhie ioe sc afadua lilp i ftsinfimp oip cetnirithsete atuesnatp eitAnoc pnincraot ete,ur,rdt saieM eefdtfbs eeo yt mrro t ahn osneora a aet tnfpxifsdpridefiuryafmye tv hor sirtfeh s ipn aeSeg,trt tt iahibonteedeg
memor(a5n)d Tumhte o athpep SettaatneC t sohmam' isssuiobnmf oirt fooffuicri aclo iupripeosr o.sf. the
opaoSaamrfgrputot adaehptcyehtneeee cobtc lef c ilreoadad(ai smei6en arsiex) sottdme O-d otrjp.aoo i hnnsag ui asttrserhhtipn eanoeepe autn dmsemdnt at hae,idotat orre o syi sorat hn, iohfips ah nfasep ie tuilldhe tlaad csbe agreh edi crecnb d iaoinsgdeasbcot fefte rarroet .ieI haigr ,frtt eenashrio e ytt aieohons op eS erp,atpy hi otpftSe aeohnpattrreddaee r etre cata dh xenoyrioe-o sc t tmpn orpmoa mh samwriiusrtsihmetscs iait osech hiusnihds eotso ahhm anirteoop s eetarnhph,ritrs. iaeheit Ienslaeifldrgr
lgCoCerbaooojvmumeencmm odtfi(isi ios7ts ohsn)ifo ei sToon nShnb,oet ,ijau net a tr cespgdtC eipeeotoe cnofmlio rlsda rmeibtnnhteiftgss o i tshnhrhitae ohetlan hl ru nurn edpno i pitdtmnr,e.e e eur sxmi mt,uhc ,eoipetsm rppu Raotolb nlurr ytadnl eo nuol ef:dtm a uacb vmnoueyno o t rf gfi t ntrhtaoheekue t eons Sn tdta tb haotyetefe
ow0pnhp oao nrmytuP aonrtyoiht yveb iored gf e arbdofe futbihnncadgtts e hto hdete aht hrcedeorb rtrheyna brtnnhyi et,sh h sSoaitossaen tbss eehpc eoaenm,c i ngfmioievitdse rus neino srante ti.st srs te dhaeesc pri aosrinoteyn
(8) State Commission may, .on
tfhita ann odn aet aadnjyo sutrangme,ea l_l djournth e hearisnugco hf taeprmpesa als,b iut tm naoyt mthoinrke
:h"]l
should be decidedw ithin g0. doardysin naornil.y,bt re,. g fiivrsetn d aanted o thf eh eaaprpinega.l
fcsroiegnens oetfi dt(cua 9htn)ian drOgg tdr hedae.et Ber edon bf cythh ta ehn eSd tm sahteeamC ilb boeem rcmsoo mifs msthiouenn oS icntaa atteepdtcp o oe tmahlems phiaasrsllt iiboeens
--
S.Sivasubramaniam
President CCHEP
Cemter for Consumer Humanrights & Environment protection
Pandalur Pandalur (Po & Tk)
The Nilgiris 643 233
Tamilnadu
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