Maharashtra Consumer Protection Rules, 2000 Complete Act - Bare Act

No. CPC. 5598/CR1668/CP-3.---In exercise of the powers conferred

by sub-section (4) of section 7, sub-section (3) of section 10 , clause (c) of subsection (1) of section 13, sub-section (3) of section 14, section 15 and subsection (2) of section 16 of the Consumer Protection Act, 1986 (68 of 1986) and of all previous rules, notifications orders, in this behalf, the Government of Maharashtra hereby makes the following Rules, namely :

(1) These Rules may be called the Maharashtra Consumer Protection Rules, 2000.

(2) It shall come into force on the 16th February, 2000.

In these rules, unless the context otherwise requires,-

(a) "Act" means the Consumer Protection Act, 1986 (68 of 1986);

(b) "Agent" means a person duly authorised by a party to present any complaint appeal or reply on its behalf before the State Commission or District Forum;

(c) "Appellant" means a party preferring an appeal against the order of the District Forum;

(d) "Defendant" means a person responding to the complaint or the claim;

(e) "Memorandum" means the memorandum of appeal filed by the appellant;

(f) "President" means the president of the State Commission or as the case may be, the District Forum;

(g) "Respondent" means a person who answers to the memorandum.

(h) "Section" means the section of the Act;

(i) Words and expressions used but not defined in the Act shall have the meanings respectively assigned to them in the Act.

(l) The President of the District Forum shall receive the salary at the minimum stage, of the District Judge appointed in the State Judicial Service , if appointed on whole time basis. However, if on a part time basis, i.e. of a sitting basis the President shall be paid Rs. 200 per day as honorarium. Such of the President who is appointed after selection from the retired District Judges, shall get his pay fixed as per Rule 157 (2) of the Maharashtra Civil Services (Pension) Rules, 1982. Deputation allowance in addition to pay and allowances shall be payable to such of the President who is appointed from the cadre of sitting District Judges. The members of the District Forum, if appointed on whole/ time basis, shall be paid a consolidated honorarium offers 4, 000 per mensem For attending sittings of the Forum on per sitting basis a sitting fee of Rs. 200 or such amount as the Government may decide, from time to time, shall be paid.

Explanation: --- (1) Whenever the President attends the work of the Forum, it shall be treated as a sitting.

(2) When a member is present and attends the work of the Forum like giving dates, admitting cases, etc., it shall be treated as a sitting.

(2) The President and the members of the District Forum shall be entitled for such Conveyance allowance and daily allowance, on official tour at such rate, as may be specified by the State Government, from time to time:

Provided that, the members of the District Forum, except the members of the Mumbai District Forum, shall be entitled to conveyance allowance at the rate that Government decides from time to time.

(3) Before appointment, the President and members of the District Forum shall have to make an undertaking that he does not and will not have any such financial or other interests, as is likely to affect prejudicially his functions as a President or a member, and he shall not have association with any political party.

(4) In addition of provisions of sub-section (2) of section 10, 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

(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; or

(f) has remained absent for not less than three consecutive sitting of the District Forum, without permission, of the President of the State Commission, in case he is President of the District Forum and of the President of the concerned District Forum, in case he is a member. Under special circumstances such permission may be obtained post facto, however, strictly within thirty days from the first day of such absence, failing which he shall be treated as absent:

Provided that the President or member shall not be removed from his office on the ground specified in clauses (d) and (e) of this sub-rule except on an inquiry held by the State Government in accordance with such procedure as it may specify in this behalf and finds the members to be guilty of such ground.

(5) The terms and conditions of service of the President and the members of the District Forum shall not be varied to their disadvantage during their tenure of office.

(6) Where any vacancy occurs in the office of the President of the District Forum, by resignation, removal or he is unable to discharge the functions owing to absence, illness or any other cause, the senior most (in order of appointment) member of the District Forum, who is qualified to be appointed as President of the Forum under clause (a) of sub-section (1) of section 10, holding office for the time being, shall discharge the functions of the President until the person appointed to fill such vacancy assume the office of the President of the District Forum. In absence of both the members of the District Forum, or if none of the member is qualified to hole the office of the President, the President or any senior most (in order of appointment) member of the District Forum of adjacent district, qualified to be appointed as a President shall discharge the functions of the president of the District Forum:

Provided that, if the member of the District Forum of and adjacent District is qualified to be appointed as President, preference shall be given to such member over the President of such adjacent district:

Provided further that the Government shall, by order specify the District which shall be treated as adjacent District for such purposes: I

Provided also that, where there are more than one Forum in the District, the President of any other Forum, in the District or any member of any other Forum in the District, who is qualified to be appointed as a President shall discharge the functions of the President:

Provided also that, where the President or member of the adjoining District Forum attends the work of the District Forum such President or the member shall be paid travelling allowance and daily allowance in accordance with these rules.

Explanation: ---If the members, are not eligible under clause (a) ; of sub-section (1) of section 10 of the Act, such members shall attend the work of the forum like giving of dates for hearing of complaints, accepting applications, complaints, etc.;, and bring the same to the notice of the President. Every such work such work shall be deemed to be a sitting. However, they shall not hear and dispose of the complaints. It shall be the duty of the Registrar and the other members of the staff to assist the members in discharging such functions.

(7) 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 have 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.

(8) The president of the District Forum shall discharge the judicial functions, while the Registrar of the District Forum shall Discharge the administrative functions.

(l) The Office of the District Forum shall be located at the headquarter of the District where the State Government decides to establish a single District Forum having jurisdiction over more than one district, it shall notify the place and jurisdiction of the District Forum so established.

(2) The working days the office hours of the District Forum shall be the same as that of the state Government:

Provided that, if any of the members of the Forum is a part-timer, the president shall fix the timings in consultation with such member. However, while fixing such timings the President shall ensure that two of the members shall be present at one time at least two hours in a day.

(3) The official seal and emblem of the District Forum shall be such as the State Government may specify.

(4) Sitting of the District of the Forum, as and when necessary, shall be convened by the President.

(5) 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.

(6) Where the opposite party (Defendant) admits the allegation made by the complaint, the District. Forum shall decide the complaint on the basis of the merit of the case and documents present before it.

(7) If during the proceedings conducted under section 13, District Forum fixes a date for hearing of the parties, it shall be obligatory on the complainant an opposite party (Defendant) 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 before 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 (defendant) or its authorised agent fails to appear on the day of hearing, the District Forum may decide the complaint ex-parte.

(8) While proceeding under sub-rule (7), the District Forum may, on the reasonable grounds 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 as far as possible within 90 days from the date of notice received by the opposite party (defendant) where complaint does not require analysis or testing of the goods and as far as possible within 150 days if it requires analysis or testing of the goods.

(9) 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.

(10) When the hearing takes place at the time when all members of the District Forum are present, the opinion of the majority shall be the order of the Forum.

(l) Under clause (c) of sub-section (1) of section 13, 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 them.

(2) On receiving the samples of such goods, the District Forum shall seal it and fix labels on the containers carrying following information:--

(i) name and address of the appropriate laboratory to whom sample will be sent for analysis and test;

(ii) name and address of the District Forum;

(iii) case number;

(iv) seal of the District Forum.

(3) The sample will be sent to the appropriate laboratory by the District Forum for 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.

(l) The language of the District Forum shall

Explanation. ---For the purposes of this sub-rule language includes language of hearings, and orders.

(2) The complaint before the District Forum shall be made in writing and may be filed in the District Forum or sent by post. The complaint and the documents shall be in triplicate and shall be accompanied by as many copies of the complaint and documents as the number of defendants. The Registrar shall on receipt of the complaint scrutinize the same and file the same in the Register maintained for this purpose.

(3) The District Forum is the authority to decide any complaint, including the preliminary hearing, necessary, if any.

(4) The defendant shall give his reply and documents in quadruplicate.

(5) The President and member of the District Forum shall endeavour the speedy trial for disposal of the matters.

(6) The President of the District Forum shall, after receipt of the execution application of the judgment, forward the same to the Civil Court for necessary execution.

(7) The Registrar shall provide the members of the Forum information with regard to official work and correspondence of the Forum with the Government. It shall be the duty of the Registrar to place with the members the files with respect to the matters with the Forum so that the members can devote their time for the working of the Forum.

(1) President of the State Commission shall receive the salary at par of the salary of the Judge of the High Court, if appointed on whole time basis or a consolidated honorarium of Rs. 400 per day for the sitting, if appointed on part-time basis. Other members, if sitting as whole time basis shall receive a consolidated honorarium of Rs. 4,000 per mensem and if sitting on a part-time basis a consolidated honorarium of Rs. 400 or such sum as may be decided by the Government, from time to time.

(2) The President and the members of the State Commission shall be entitled for such conveyance allowance and daily allowance on official tour, at such rate, as specified by the State Government, from time to time.

(3) President and the member of the State Commission shall hold office for a term of five years or upto the age of 67 years whichever is earlier and shall not be eligible for reappointment:

Provided that President and 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 subrule (4).

(4) 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 members ; or

(e) has so abused; his position as to render his continuance in office prejudicial to the public interest; or

(f) has remained absent from three consecutive sittings of the State Commission, without permission of the State Government, in case he is President of the Commission and of the President of the President of the State Commission, in case he is a member under special circumstances such permission may be obtained post facto, however, strictly within 30 days from the first day of such absence, failing which, he shall be treated as absent :

Provided that the President or a member shall not be removed from his office on the ground specified in clauses (d) and (e) of this sub-rule except on an inquiry held by State Government in accordance with such procedure as it may specify in this behalf and finds the member to be guilty of such ground.

(5) Before appointment, the President and members of the State Commission shall have to make an undertaking that he does not have and will not have any such financial or other interests, as is likely to affect prejudicially his functions as a President or a member and he shall not have any association with any political party.

(6) 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.

(7) Every vacancy caused by resignation and removal of the president or any other member of the State Commission under sub-rule (3) or otherwise shall be filled by fresh appointment.

(8) Where any vacancy occurs in the office of the president of the State Commission, by resignation, removal or he is unable to discharge the functions owing to absence, illness or any other cause, the senior most (in order of appointment) member of the State Commission , holding office for the time being; shall be the acting President until a person appointed to fill such vacancy assumes the office of the President of the State Commission. However, such acting President and the other member shall not hear and decide contested matters. They can dispose of exparte matters and can give further dates of hearing. However, in the exparte matters, the opinion of such acting president and Member should be unanimous.

(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 have 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.

(1) Office of the State Commission shall be located at Mumbai

(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) 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.

(6) Where the opposite party (defendant) admits the allegation made by the complainant, the State Commission shall decide the complaint on the basis of the merit of the case and documents present before it.

(7) 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 (Defendant) 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 party (Defendant) or its authorised agent fails to appear on the day of hearing, the State Commission may decide the complaint ex-parte.

(8) While proceeding under sub-rule (8), the State Commission may, on such terms as it may think fit 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 (Defendant) where complaint does not require analysis or testing of the goods and within 150 days if it requires analysis or testing of the goods.

(9) Orders of the State Commissions 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.

(1) Memorandum shall be presented by the appellant or his authorized agent to the State Commission in person or sent by the registered post addressed to the Commission.

(2) Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

(3) Each memorandum shall be accompanied by 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 the expiry of period of limitations as specified in the Act, memorandum shall be accompanied by an application supported by an affidavit setting forth the fact 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 the 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 authorised agents to appear before the State commission. If appellant or his authorised agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or decide it on the merit of the case. If respondent or his authorised agents fails to appear on such date, the State Commission shall proceed exparte and shall decide the appeal exparte 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 objection 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 there by, has been given at least on 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 if there are reasonable grounds, but not more than one adjournment shall ordinarily be given and the appeal should be decided as far as possible 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.

On the commencement of these rules, the Maharashtra Consumer Protection Rules, 1987, in so far as they relate to matters provided by these rules, are hereby repealed

Provided that,--

(a) such repeal shall not affect previous operation of any notifications or orders made; or anything done or any action taken under the rules so repealed;

(b) any proceedings under the rules so repealed which were pending at the commencement of these rules shall be continued and disposed off as far as may be, in accordance with the provisions of these rules, as if, such proceedings were proceedings under these rules.