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 exercise of the powers conferred
1986, (Central Act No. 68 of 1986), read with S.O. No. 390 (E),
published in Part [I - Section 3, sub-section (ii) of the Gazette of
India, Extraordinary, dated l5th April, 1987 and S.0. No. 568(E),
published in Part II - Section 3, sub-section (ii) of the Gazette of
India, Extraordinary, dated the 1Oth June 1987, the Governor of
Tamil Nadu hereby makes the following Rules :-
RULES
1. Short title and commencement.- (l) These Rules may
be called the Tamil Nadu Consumer Protection Rules, 1988.
(2) They shall come into force at once.
2. Definitions.- In these Rules, unless, the context otherwise
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 o r 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
respectively assigned to them in the Act.
3. salaries and other ailowances and terms and conditions
of the President and members of the District Forum._ (l) r[The President of the District Forum shalr receive the salary of
the Judge of a District court, if appointed on whore time basis or
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 Substrtuted by c.o. Ms. No.4l4, co-operation, Food and consumer protection, dated 7th November, 1 991 .
2.' Substituted by G o. Ms. No. 344 co-operation, Food and consumer protection, dated 7th May, 1993.
time basis. r[The President of a District Forum shall receive
the transfer travelling allowance if he joins such District Forum
from out-side the District]. 2[Other members if sitting on whole
time basis, shall receive a consolidated honorarium of Rs. 2,000
(Rupees two thousand only) per month and if sitting on parttime
basis, a consolidated honorarium of Rs. 750 (Rupees Seven
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
conveyance allowance of Rs. 150 (Rupees one hundred and fifty
only) per month.l
(2) The President and the members of the District Forum
shall be entitled for such travelling allou,ance and daily 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
allowances shall be defrayed out of the Consolidated Fund of the
Government of Tamil Nadu.
(4) Before appointment, the President and members of 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 addition to provision of sub-section (2) of Section l0
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
Inserted by C.O. Ms. No. ll2, Co-operation, Food and Consumer protection, dated,27th
May 1996.
Substituted by No. SRO. A-178190, dated 29th Novernber 1990.
Added by G.O. Ms. No. 204, Co-operation, Food and Consumer protection, dated 30th
August,1994.
z
(b) has been convicted of an offence which in the
opinion of the Government of Tamil Nadu
involves moral turpitude, or
(c) has become physically or mentally incapable of
acting as the President or member, or
@ has acquired financial or other interests likely to
affect prejudicially his functions as the president
or a membet, or
(e) has so abused his position as to render his continuance
in office preludicial to the public inrerest :
Provided that the President or member shall not
be removed from his oflice on the ground specified
in clauses (d) and (e) of the sub-rule (5) except on
an inquiry held by the Goygrnment of Tanirl Nadu
in accordance with ru.Ffiro..dure as it may'
specify in this behalf and finds the President or a
member to be guilty on such ground.
'[(5-A) The Government of Tamil Nadu may, afrer err ing a
reasonable opportunity of being heard, remove front ottlce. a
member of a District Forum who has not attended two consecutive
sittings of the District Forum without sufficient cause:l
'[(5-B) The President of the District Forum shall be liable
for transfer from one District to another District in case of anv
request by him or on Administrative Grounds.]
(6) The terms and conditions of the service of the President
and the members of the District Forum shall not be r.aried to
their disadvantase durine their tenure of office.
I Inserted by C.O. Ms. No. l2l Co-operation, Food and Consumer Protection dared l.lth
June 1996.
2 Substituted by G.O. Ms. No. 152, Co-operation, Food and Consumer protection dared llth
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
discharge the functions owing to absence, ilrness or any other cause,
the senior-most (in order of the appointment) member of the District
Forum shall discharge the functiins of the president untir the day
on which the President resumes the charge of his functions.
(9) The President or any member ceasing to hold office as
such shall not hold any appointment in or be connected with the
management or administration of an organisation which has been the
subject of any proceeding under the Actduring his tenure for a period
of 5 years from the date on which he ceases to hold such office.
(10) In case of difference of opinion among the members
of the District Forum, the opinion oi th. majorit! shalr prevail
and the opinions or orders of the Forum shall be expressed in
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
earlier and shall not be eligible for re_appointment ;
(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
resignation being accepted, his office shall
become vacant.
(b) be removed from his office in accordance
with sub-rule (5) of Rule 3.
l
4' Place of sitting and other matters relating to District
Forum'- (l) The office of District Forum shall be located ar
the headquarters of the District. where State Government decides
to establish a single District Forum having jurisdiction over more
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 seal sha'have two concentric arcs bea'ns the inscriprions, namely "DISTRICT CONSUMER otsoutii
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 proceedings of the Distr^.,i Forum shat be
invalid by reason onry of the existence of any vacancy among lts
President or members or any defect in its constitution.
(6) State Government shall appoint such staff, as ma1.be
necessary to assist the District Forum in 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 complainant, the District Forum shall decide tlie compraint
on the basis of the merit of the case and .documents p..r.n,
before it.
(8) If during the proceedings conducted under Section l 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 complainant or his authorised agent fails to appear befbre the
District Forum on such day, the District Forum may in its
discretion either dismiss the complaint for default or decide it 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 proceeding under sub-rule (8) the District Forum
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 150 days if it requires analysis or testing of 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 / State Commission, or be sent by registered post addressed
to the District Forum / State Commission :-
(a) the name, description and address of the complainant ;
(b) the name, description and address of the opposite
party or parties, as the case may be, so far as they
can be ascertained ;
(c) the facts relating to complaint and when and where
it arose :
@ document in support of the allegations contained in
the complaint ;
(e) the relief which complainant claims.
6. Procedure to be adopted by the District Forum lbr analysis and testing of the goods.- under crause (c) of sub- section (l) of Section l3 if considered necessary ttre oistrict Forum may direct the complainant to provide two separate sampres
of the goods packed in clean dry boitles orjars or other surrable
containers which shall be sufficientry tight to prevent reakage,
evaporation, or in the case of dry rrbriunc" entrance of moisture.
with a paper slip wrapped and pasted on the container in *.hich
the signature or thumb impression of ihe person, trader or manu- facturer, from whom the goods are purchased shall be affrxed :
Provided that in case the person, or trader or manufacrurer
from whom the goods u.. pur.hured, refuses to affix his sienarure
or thumb-impression, the signature or thumU_l_p..rrio'n of u witness shall be taken in the same manner.
(2) on receiving the sampres of such goods, the Drst.ct
Foruni shall fix lables on the containers carrying the folrou rng information:-*
(i) Name and address of the appropriate laborarory
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 container of sample shall be completely u.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 there shall be at least four distinct and clear impressions of
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.
The knots of the twine or thread shall be covered by means of sealing
wax bearing the impressions of the seal of the District Forum.
(4) One of the sealed containers will be retained by the
District Forum for future reference and another will be sent to
the appropriate laboratory by the District Forum for sending report
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
alleged and date of submission of the report.
(5) The quantity of sample, in case of food samples, for
analysis shall be as specified under Rule 22 of the Prevention of
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
laboratory separately by the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriate laboratory.
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 Substituted by C.O. Ms. No. 408. Co-operation, Food and Consumer Protection, dated 2nd
September,1992.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 there shall be at least four distinct and clear impressions of
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.
The knots of the twine or thread shall be covered by means of sealing
wax bearing the impressions of the seal of the District Forum.
(4) One of the sealed containers will be retained by the
District Forum for future reference and another will be sent to
the appropriate laboratory by the District Forum for sending report
within 45 days or within such extended time as may be granted
by the District Forum, after specifying the nature of the defect
alleged and date of submission of the report.
(5) The quantity of sample, in case of food samples, for
analysis shall be as specified under Rule 22 of the Prevention of
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
laboratory separately by the District Forum.
(7) The amount of fees for carrying out the analysis of
samples shall be decided in consultation with the concerned
appropriate laboratory.
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 Substituted by C.O. Ms. No. 408. Co-operation, Food and Consumer Protection, dated 2nd
September,1992.
:::il'[[l il:li::l ]lTo":i':9-* whore-time bu,i,1 o. u p er day ro, tr,,
nlilil;ir"L}:,
: n,*rrH iH Jl:: f t * l
ffi1ffi":r;jl,'", ;" *;;i;_i*: basis, ,r,uiil...r\e a
onry) per month
norarium of Rs' 3'000 6up.." irr.i.' ,rrorruno n o,,o.u,r u m ; i'i::,l f di:#:,": J..ffi il: j H :, ru xlru: jjJ,,$jr::'J:'j'"r 'irr'i ...iers sharr arso rece,r e rhe
per month.]
uunte of Rs' 1'000 (Rupees one tiorruno onr"t
(2) The president and the members of the State Commi_ ssion shall be eligible fo, ,uJ ,.u".,r,n* uffo*un.. Jn 0u,,, fi ;i,T:i,ff ,XT:IH ff :;; r,, i ur. to o., J. I oli, c e r or
(3) The sarary, honorarium, other atowances sha, be
i;lXril":Jt
or rhe consolidat.J e*o or the Gor ernmenr or
( 4 ) The president
and the members o i rhe State Commission shall hold
"m..
,", :il:,,:';::$n#il*;J.:i :#l; ffi ;n ;:
provided that president and members may :_-
(a) by writing under his hand and addressed to rhe State Government resign his office r"rl 11",. ,
(b) be removed from his office in accordance u.rrh provisions of sub_rule (5).
No. 408. Co-operationlood and Consumer protecrion.
ca:ec lnd
2 Subsriruted for the words..70 years,,by No. S.R.O. A_7g/90 dated 30th Nla_v 1990
Added by C.O. Ms
September, I992.
(5) The Government of Tamil Nadu may remove from
office President or member of the State Commission who, -
(a) has been adjudged as 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) has become physically or mentally incapable of
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
removed from his office on the ground specified in clauses (d) and
(e) and sub-rule (5) except on an inquiry held by the Gov0rnment
of Tamil Nadu in accordance with such procedure as it 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
reasonable opportunity of being heard, remove from office a
member of the State Commission who has not attended two
consecutive sittings of the State Commission without sufficient
causes.]
(6) Before appointment, President and members of the State
Commission shall have to take an undertakine that he does not
I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection, dated 24th
June 1996.
and will not have any such financial or other interests as rs rikerv to affect prejudiciary his functions as president o, u -.ri;;. "'
(7) The terms and conditions of the service of the president
and the members of the State commission sharr 'ot be ra'ed to their disadvantage during their tenure of office.
(8) Every vacancy caused by resignation and remor.al of the President or any other membe. of the State commission under sub-rule (4) or otherwise shar be filred by fresh appointment.
(9) where any such vacancy occurs in the officc. .f the President of the state commission, the senior nrosr menrber (in order of appointment) holding office for the time beins. shall discharge the functions of the iresident ,"ri,, . ;;r";;;",;r:; to fill such vacancy assumes the office of the president ot-the State Commission.
(10) when the president of the State comnrission is .:iirabre
to discharge the functions owing to absence, irness or an,, other cause, the senior most member (in order of app"i;,;*;;', oi the state commission shalr discharge the functions of the Dresrdent
until the day on which the president resumes the charse o: his functions.
(l l) The president, or any member ceasing to hrrld trill"_r. as such shall not hold any appointment in or be connecred ,,,, rih the management or administiaiion of an organisation * hich ha,, e been the subject of any proceeding under the Act, during his renure for a period of five years from the date on which he ceases ro hold such office.
(r2) rn case of a difference in opinion among the nrenrbers of the State Commission, the opinion of rn. majorit]. ,nutt pre, u,t and the opinion or orders of the commission ,hutt"b. .rpr.,r.a in terms of the views of the maioritv.
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 f u l l with
designation within two concentric arcs of two-thirds of 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 proceedings of the State Commission shall
be invalid by reasons only of the existence of any vacancy among
its President or members oI any defect in its constitution thereof.
(6) The Government of Tamil Nadu shall appoint such
staff, a; may be necessary to assist the State Commission in 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
presented before it.
(8) Ifduring the proceedings conducted under Section 13,
State Commission fixes a date for hearing of the parties, it 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 default or decide it on merits. Where the opposite partv or its
authorised agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9) While proceedings under sub-rule (8) the State Conimission
may, on such terms as it may think fit and at an-u" stage' of
the proceedings adjourn the hearing of the complaint but not more
than one adjournment shall ordinarily be given and the 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 testing of the goods and within 150 days if it requires analvsis
or testing of the goods.
(10) Orders of the State Commission shall be signed and
dated by the members of the State Commission constituting the
Bench and shall be communicated to the parties free of charee'
9. Procedure for hearing appeal.- (1) Memorandunt shall
be presented by the appellant or his authorised agent to the
State Commission in pers'on or sent by registered post addressed
to the Commission.
(2) Every memorandum filed under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
consisery under distinct heads, the grounds of appear without any argument or narrative and such ground sha' be numbered consecutively.
(3) Each memorandum shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents as may be required to support grounds of objection mentioned in the mlmorandum.
(4) When the appeal is presented after the expiry of period of li'ritation as specified in the Act, Memorandum sha, be accompanied by an application supported by an affidavit setting forth the fact on which appettani reries to satisfy the State commission that he has sufficient cause for not preferring the appeal within the period of limitation,
(5) The appetant sha' submit four copies of the memorandum to the State Commission for official iurpor.s.
(6) On the date ofhearing or any other day to which hearing may be adjourned, it shall be obrigaiory for the parties or their authorised agents to appear before the State commission. If appellant or his authorised agent fairs to appear on such date, the State commission may, in its discretion, either dismiss the appear or decide it on the merit of the case. If respondent or his authorised agent fairs to appear on such date, the State commission shall proceed ex-parte and shail decide the appear ex-parte on merits ofthe case.
(7) The appellant shall not, except by leave of the State Commission, urge or be heard in support of any ground of objections not setforth in the memorandum but the state Commiision, in deciding the upp.ui, ,t ull not confine to the grounds of objection setforth rn itre memorandum or taken by leave of the State Commission under this Rule :
Provided that the cornrnission sha, not rest its decision 0n any other grounds other than those specified unress the party who may be affbcted thereby, has been given at reasr one opportunity of being heard by the State commission.
(8) State Commission may, .on
such terms as it may think fit and at any stage, a_djourn the hearing of appeal, but not more than one adjournmell
:h"]l
.ordinarily be given and the appeal should be decided within g0 days non., tr,. first date of hearing.
(9) Order of the State Commission on appeal shall be signed and dated by the members of the State commission constituting the Bench and shail be communicated to the parties free of charge.
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