TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)

regulations · 1986 · Chandigarh

Download PDF Parent Act Back to Subordinates

Parent: The CONSUMER PROTECTION ACT, 1986 (96f7364c7d4ab3afc9960734617114b639777ab8)

Text

TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i) Government of India National Consumer Disputes Redressal Commission New Delhi , the 31 st May, 2005 . NOTIFICATION G.S.R. 342(E). - In exercise of the powers conferred by section 30A of the Consumer Protection Act, 1986 (68 of 1986), the National Consumer Disputes Redressal Commission with the previous approval of the Central Government, hereby makes the following regulations, namely:- 1. Short title and commencement.-(1 ) These regulations may be called the Consumer Protection Regulations, 2005. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions . -In these regulations unless the context otherwise requires,- (a) "Act" means the Consumer Protection Act, 1986 (68 of 1986); (b) "Consumer Forum" means a District Forum. a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9 (hereafter called the State Commission) or the National Consumer Disputes Redressal Commission; (c) "Registrar" means the head of the ministerial establishment of the Consumer Forum and exercising such powers and functions as are conferred upon him by the President of the Consumer Forum: (d) "rules" means the rules made under the Act; (e) "section" means a section of the Act: (f) words and expressions used in these regulations and not defined herein but defined either in the Act or in the rules shall have the same meaning respectively assigned to them either in the Act or in the rules, as the case may be. 3. Arrangements in Consumer Forum,--(1 ) A Consumer Forum , being not a regular court, shall have the arrangements as to depict it distinct from a court. (2) In the hall in which the Consumer Forum shall hear the parties, t

Rule TOC

1 · Short title and commencement.-(1 ) These regulations may be called the Consumer Protection Regulations, 2005.

2 · Definitions . -In these regulations unless the context otherwise requires,-

3 · Arrangements in Consumer Forum,--(1 ) A Consumer Forum , being not a regular court, shall have the arrangements as to depict it distinct from a court.

4 · Dress code.-(1 ) The President and members of every Consumer Forum while presiding over the Benches,-

5 · Hearing hours.-Subject to the provisions of the rules, the normal working hours of the Consumer Forum for hearing matters shall be from 10.30 am to 1.00 p.m and 2.00 p.m to 4.00 p.m on all working days of the Central Government in the case of the National Commission and on all working days of the State Government in the case of the State Commission and the District Forum

6 · Cause List.-(1 ) Cause list of the Consumer forum for the following entire week shall be made ready before the close of the working hours of the preceding week and displayed on the notice board. The cause list in respect of a Consumer Forum having a website shall also be hosted on the website.

7 · Institution of complaints, appeals and revision petitions.-(1 ) Where a complaint is filed in District Forum or State Commission it shall be filed in three sets and where it is filed in the National Commission it shall be filed in four sets with additional sets equal to the number of opposite party(ies)/respondent(s).

8 · Nomenclature to be given to the complaints, appeals and revisions petitions. -( 1 ) A complaint shall hereinafter be referred to as Consumer Complaint (C.C.) instead of O.P., e.g., C.C. No.2 of f 2005.

9 · Scrutiny of complaint, appeal, petition and revision petition.-(1 ) Every complaint, appeal, or revision petition shall after it is filed be numbered by the Registrar .

10 · Issue of notice.-(1 ) Whenever the Consumer Forum directs the issuance of a notice in respect of a complaint, appeal or revision petition, as the case may be, to the opposite party(ies)/respondent(s), ordinarily such notice shall be issued for a period of 30 days and depending upon the circumstances of each case even for less than 30 days.

11 · Adjournment.-(1 ) Every proceeding before a Consumer Forum shall be conducted as expeditiously as possible and as per the requirements of the Act.

12 · Hearing by Benches.-Where a Bench, constituted by the President of the State Commission or the National Commission as provided under section 16 or section 20, as the case may be, does not have a member with judicial background and any complex question of law arises and there is no precedent to decide the law point, the Bench so constituted may refer the matter to the President of the State Commission or the National Commission as the case may be to constitute another Bench of which the President shall be a member .

13 · Arguments.-(1 ) Arguments should be as brief as possible and to the point at issue.

14 · Limitation.-(1 ) Subject to the provisions of sections 15, 19 and 24A, the period of limitation in the following matters shall be as follows:-

15 · Review . -(1 ) It shall set out clearly the grounds for review .

16 · Appearance of Voluntary Consumer Organisations . -(1) Recognised Consumer Organisations have a right of audience before the Consumer Forum

17 · Ex-parte interim order.-Any ex-parte interim order issued by the Consumer Forum shall stand vacated after 45 days if in the meanwhile the objections to the interim order are not heard and disposed of.

18 · Final order.-(1) An order on the top right hand comer shall show as to when the complaint was filed and the date of the order .

19 · Return on institution and disposal of cases.-( 1) A Consumer Forum is expected to dispose of at least 75 to 100 matters every month.

20 · Preservation of records. -( 1 ) In the case of complaint, the record containing main files with original order sheet shall be preserved for a period five years.

21 · Certified copy.-(l) A copy of the order is to be given to the parties free of cost as required under the Act and the rules made thereunder .

22 · Inspection of records . -Parties or their agents can inspect the records of any matter by filing an application on payment often rupees as fee.

23 · Filing of criminal complaint.-Wherever a complaint is required to be filed by the Consumer Forum under sub-section (5) of section 13, the Consumer Forum may authorise its Registrar to file the complaint.

24 · Practice Directions .-The National Commission shall be entitled to issue practice directions from time to time as may be necessary for the proper conduct of the cases before Consumer Forum including prescribing forms for complaints, notices, returns, certificate to be issued to the collector and the like.

25 · Parcsha Yad-dast .-Where a party appears in person and is illiterate, the Court Master or Bench Clerk shall give to that party the next date of hearing in writing.

26 · Miscellaneous.-(1 ) In all proceedings before the Consumer Forum, endeavour shall be made by the parties and their counsel to avoid the use of provisions of Code of Civil Procedure, 1908 (5 of 1908):