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THE
MADHYA PRADESH CONSUMER PROTECTION RULES, 1987
In
exercise of the powers conferred by Subsection (2) of Section
30 of the Consumer Protection Act, 1986 (68 of 1986), State
Government hereby makes the following Rules, namely:
1.
Short title and commencement:
(1)
These rules may be called the Madhya Pradesh Consumer
Protection Rules, 1987.
(2)
They shall come into force on such date as the State
Government may, by notification in the Official Gazette,
appoint.
2.
Definitions:
In these rules, unless the context otherwise requires:-
(a)
“Act” means the Consumer Protection Act, 1986 (68 of
1986);
(b)
“agent” means a person duly authorised by a
party to present any complaint or appear or reply on its
behalf before the State Commission or the District Forum;
(c)
“appellant 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;
(f)
“president” means the president of the State
Commission or District Forum as the case may be;
(g)
“respondent” means the person who answers any memorandum
of appeal;
(h)
“State” includes Union Territories.
3.Salaries
and other allowances and terms and conditions of the President
and Members of the District Forum:
(1)
The President of the District Forum shall receive the salary
of the judge of a District Court if appointed on whole-time
basis. Other Members and the
President, if appointed on part time basis, shall receive
consolidated honorarium of Rs.250/- and Conveyance allowance
of Rs.50/- per day for the sitting.
(2)
The president and the Members of the District Forum shall be
entitled for such traveling allowance and daily allowance on
official tour as are admissible to the grade I Officer of the
State Government.
(3)
The salary, honorarium and other allowance shall be defrayed
out of the consolidated Fund of the State Government.
(4)
Before appointment, the President and Members of the District
Forum shall have to give an undertaking that he does not and
will not have any such financial or other interest as is
likely to affect prejudicially his functions as a Member.
(5)
In addition to provision of Section 10(2), State Government
may remove from the office, the President and Member of a
District Forum who:
(a)
has been adjudged an insolvent, or
(b)
has been convicted of an offence which in the opinion of the
State Government involves moral turpitude, or
(c)
has become physically or mentally incapable of acting as such
Member, or
(d)
has acquired such financial or other interest as
is likely to affect prejudicially his functions as a Member,
or
(e)
has so abused his position as to render his continuance in
office prejudicial to the public interest.
(f)
is absent himself from three consecutive sittings of the
Forum, except for a reasonable cause.
Provided
that the President or Member shall not be removed from his
office on the ground specified in Clauses (d) and (e) of the
Sub-rule (5) except on an inquiry held by State Government in
accordance with such procedure as it may specify in its behalf
and finds the Member to be guilty of such ground.
(6)
The terms and conditions of the service of the service of the
President and the Member of the District Forum shall not be
varied to their disadvantage during their tenure of office.
(7)
Where any vacancy occurs in the office of the President of the
District Forum, the senior-most (in order of appointment)
Member of District Forum, holding office for the time being,
shall discharge the functions of the President until a person
appointed 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 owning to absence, illness of any
other cause, the senior-most (in order of the appointment)
Member of the District Forum shall discharge the functions of
the President until 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 organization which has been
the subject of any proceeding under the Act during his tenure
for a period of 5 years from the date on which he ceases to
hold such office.
4.
Place of sitting and other matters relating to District Forum
:
(1)
The office of the District Forum shall be located at the
headquarter of the District. Where State
Government decides to establish a single District Forum having
jurisdiction over more than one District, it shall notify the
place and jurisdiction of District Forum so established.
(2)
The working days and the office hours of the District Forum
shall be the same as that of the State Government.
(3)
The official seal and emblem of the District Forum shall be
such as the State Government may specify.
(4)
Sitting of the District Forum, as and when necessary, shall be
convened by the President.
(5)
No act or proceedings of the District Forum shall be invalid
by reason only of the existence of any vacancy among its
Members or any defect in its constitution.
(6)
State Government shall appoint such staff as may be necessary
to assist the District Forum in its day to day work and
perform such other functions as are provided under these
rules, or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the
Consolidated Fund of the State Government.
(7)
Where the opposite party admits the allegation made by the
complainant, the District Forum shall decide the complaint on
the basis of the merits of the case and documents present
before it.
(8)
If during the proceedings conducted under Section 13, District
Forum fixes a date for hearing of the parties, it shall be
obligatory on die complainant and opposite party or its
authorized agents 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 authorized
agent fails to appear before the District Forum on such day,
the District Forum in its discretion either dismiss the
complaint for default or decide it on merits.
Where the opposite party or its authorized 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 be
decided within 90 days from the date of notice received by the
opposite party where complaint does not requires 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 charge.
5.
Procedure to be adopted by the District Forum for analysis and
testing of the goods :
(1)
Under Section 13(1)(c), if considered necessary, the District
Forum may direct the complainant to provide more than one
sample of the goods in clean containers with stopper properly
fixed on.
(2)
On receiving the sample of such goods, the District Forum
shall seal it and fix labels on the containers carrying
following information :-
(a)
name and address of the appropriate laboratory to whom sample
will be sent for analysis and test;
(b)
name and address of the District Forum;
(c)
case number
(d)
seal of the District Forum.
(3)
The sample 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-A
The State Commission shall besides the President, have not
less than two, but not more than three members, one of whom
shall be a woman to be appointed by the State Government in
accordance with the provisions of clause (b) of sub-section
(1) of section 16 of the Act. (vide notification no.
F-5-59/06/2/XXIX dated 12.01.2007)
6.
Salary and other allowances and terms and conditions of the
President and Members of the State Commission :
(1)
President of the State Commission shall receive the salary of
the Judge of the High Court, if appointed on whole-time
basis. Other members and the president, if
appointed on part time basis, shall receive a consolidated
honorarium of Rs.500/- and conveyance allowance of Rs.100/-
per day for the sitting.
(2)
The President and the Members of the State Commission shall be
eligible for such traveling allowances and daily allowances on
official tour as are admissible to Grade 1 Officer of the
State Government.
(3)
The Salary, honorarium, other allowances shall be defrayed out
of the Consolidated Fund of the State Government.
(4)
The President and the Members of the State shall hold office
for a terms of five years or up to the age of 65 years
whichever is earlier and shall not be eligible for
re-nomination:
Provided
that the President and / or a Member may:
(a)
by writing under his hand and addressed to the State
Government resign his office any time;
(b)
be removed from his office in accordance with provisions of
Sub-rule (5).
(5)
The State Government may remove from office, President or a
Member of the State Commission who;
(a)
has been adjudged an insolvent, or
(b)
has been convicted of an offence which in the opinion of the
State Government, involves moral turpitude, or
(c)
has become physically or mentally incapable of acting as such
Member, or
(d)
has acquired such financial or other interest as is likely to
affect prejudicially his functions as a Member, or
(e)
has so abused his position as to render his continuance in
office prejudicial to the public interest:
Provided
that the President shall not be removed from his office on the
ground specified in Clauses (d) and (e) of Sub-rule (5) except
on an inquiry held by State Government, in accordance with
such procedure as it may specify on this behalf and finds the
Member to be guilty of such ground.
(f)
is absent himself from five consecutive sittings of the
Commission, except for a reasonable cause.
(6)
Before appointment, President and a Member of the State
Commission shall have to give an undertaking that he does not
and will not have any such financial or other interest as is
likely to affect prejudicially his functions as such Member.
(7)
The terms and conditions of the service of the President and
the Members of the State Commission shall not be varied to
their disadvantage during their tenure of office.
(8)
Every vacancy caused by resignation and removal of the
President or any other Member of the State
Commission under Sub-rule (4) or otherwise shall be filled by
fresh appointment.
(9)
Where any such vacancy occurs in the office of the President
of the State Commission, the senior-most (in of appointment)
Member, holding office for the time being, shall discharge the
functions of the President until a person appointed to fill
such vacancy assumes the office of the President of the State
Commission.
(10)
When the President of the State Commission is unable to
discharge the functions owing to absence, illness or any other
reason, the senior-most (in order of the appointment)
Member of the State Commission shall discharge the
functions of the President until the day on which the
President resumes the charge of his functions.
(11)
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 organization which have
been subject of any proceeding under the Act during his tenure
for a period of 5 years from the date on which he ceases to
hold such office.
7.
Place of sitting and other matters relating to State
Commission :
(1)
Office of the State Commission shall be located at the capital
of the State.
(2)
The working days and the office hours of the State Commission
shall be the same as that of the State
Government.
(3)
The official seal and emblem of the State Commission shall be
such as the State Government may specify.
(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
Members or any defect in the constitution thereof.
(6)
State Government shall appoint such staff, as may be necessary
to assist the State Commission in its work and perform such
other functions as are provided under these rules or assigned
to it by the President. The salary payable to
such staff shall be defrayed out of the
Consolidated Fund of the State Government.
(7)
Where the opposite party admits the allegation made by the
complainant, the State Commission shall decide the complaint
on the basis of the merits of the case and documents present
before it.
(8) If
during 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
authorized 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 authorized
agent fails to appear before the State Commission on such day,
the State Commission in its discretion either dismiss the
complaint for default or decide it on
merits. Where the opposite party or its authorized
agent fails to appear on the day of hearing, the State
Commission may decide the complaint ex-parte.
(9)
While proceeding under Sub-rule (8) the State Commission 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 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
charge.
8.
Procedure for hearing appeal :
(1)
Memorandum shall be presented by the appellant or his
authorized agent to the State Commission in person or sent by
registered post addressed to the Commission.
(2) Every
memorandum filed under Sub-rule (1) shall be in legible
hand-writing preferably typed and shall set forth concisely
under distinct head the ground of appeal without any argument
or narrative and such ground shall be numbered consecutively.
(3) Each
memorandum filed 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 memorandum.
(4)
When the appeal is presented after expiry of period of
limitation as specified in the Act, memorandum shall be
accompanied by an application supported by an affidavit
setting forth the facts on which appellant relies to satisfy
the State Commission that he has sufficient cause for not
preferring the appeal within the period of limitation.
(5)
The appellant shall submit four copies of memorandum to the
State Commission for official purposes.
(6)
On the date of hearing or any other day to which hearing may
be adjourned it shall be obligatory for the parties or their
authorized agents to appear before the State Commission.
If appellant or his authorized agent fails to appear on such
date the State Commission may, in its discretion, either
dismiss the appeal or decide it on the merits of the
case. If respondent or his authorized agent
fails to appear on such date, the State Commission shall
proceed ex-parte and shall decide the appeal ex-parte on
merits of the 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 set forth in the memorandum but the State
Commission, in deciding the appeal, shall not confine to the
grounds of objections set forth in the memorandum or taken by
leave of the State Commission under this rule:
Provided
that the Commission shall not rest its decision on any other
grounds unless the party who may be affected thereby has been
given at least 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, adjourn the hearing of appeal, but not more than
one adjournment shall ordinarily be given and the appeal
should be decided within 90 days from the 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 shall be communicated to the parties free of charge.
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