KERALA CONSUMER PROTECTION RULES, 2021

 

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 102 of the Consumer Protection Act, 2019 (Central Act 35 of 2019) and in supersession of the notification issued under G. O. (Ms.) No. 37/2005/F.CS&CA and published as S.R.O.1069/2005 in the Kerala Gazette Extraordinary No. 2647 dated 8th December, 2005, the Government of Kerala hereby makes the following rules, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Consumer Protection Rules, 2021.

(2)     They shall come into force at once.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      "Act" means the Consumer Protection Act, 2019 (Central Act 35 of 2019);

(b)      "Chairperson" means the Chairperson of the State Consumer Protection Council or the District Consumer Protection Council, as the case may be;

(c)      "Commission" means the State Commission or the District Commission as the case may be;

(d)      "Government" means the Government of Kerala;

(e)      'Nationalized Bank' means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980);

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

(g)      "State" means the State of Kerala.

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

Rule - 3. Composition of the State Consumer Protection Council.

(1)     The Consumer Protection Council for the State of Kerala established under Section 6 of the Act (hereinafter referred to as the State Council) shall consist of the following members, namely:

(a)      The Minister in-charge of Consumer Affairs in the State Chairperson;

(b)      Three members of the Kerala Legislative Assembly, nominated by the Government;

(c)      Five representatives from the Government Departments and Undertakings concerned, with consumer interests, nominated by the Government;

(d)      Five representatives from the voluntary consumer organizations functioning in the State, nominated by the Government, of whom two shall be women;

(e)      Four representatives from among farmers, manufacturers, traders and industrialists, nominated by the Government;

(f)       Two persons capable of representing consumer interests other than those specified above nominated by the Government;

(g)      The Commissioner of Civil Suppliesex-officio;

(h)     The Secretary to the Government of Kerala, Food, Civil Supplies and Consumer Affairs ex-officio;

(i)       The Director of Civil Supplies, Keralaex-officio;

(j)       The Registrar and Secretary, Consumer Disputes Redressal Commission ex-officio;

(k)      Ten official or non-official members nominated by the Central Government;

(l)       The Additional Secretary to Government, Food, Civil Supplies and Consumer Affairs the Member Secretary of the State Council.

(2)     The term of office of the members shall be four years from the date of nomination of such members.

(3)     Any nominated member may, by writing under his hand addressed to the Chairperson of the State Council, resign his office. Any vacancy that may arise due to resignation or otherwise shall be filled from among the same category and such person shall hold office only for the remaining of the term of office of the person in whose place he was nominated.

Rule - 4. Procedure for the meetings of the State Council.

(1)     Every meeting of the State Council shall be convened by the Member Secretary in accordance with the directions of the Chairperson.

(2)     The meeting of the State Council shall be presided over by the Chairperson. In the absence of the Chairperson, the members present shall elect a person from among themselves to preside over the meeting.

(3)     The quorum for a meeting of the State Council shall be one third of the total number of its members.

(4)     Every meeting of the State Council shall be convened only after giving not less than seven days' notice in writing of the date of meeting, to each member:

Provided that, a meeting of the State Council may be convened with less than seven days' notice if the circumstances so warrant.

(5)     Every notice of the meeting of the State Council shall specify the place, date and hour of the meeting and shall contain a statement of the business to be transacted thereof.

(6)     For the purpose of performing its functions, the State Council may constitute, from amongst the members, such working groups as it may deem necessary under the Chairmanship of the Member-Secretary of the Council and each such working group so constituted shall perform such functions as are assigned to it by the State Council. Such working groups shall consist of not exceeding five members and shall meet as and when necessary. The findings of such working groups shall be placed before the State Council for its consideration.

(7)     The resolutions passed by the State Council shall be advisory in nature.

(8)     No proceedings of the State Council shall be invalid merely by reason of existence of any vacancy in or any defect in the constitution of the Council.

(9)     The members shall be eligible for travelling allowance and daily allowance for attending the meetings of the State Council or its working groups at the rate admissible to Class I Officers of the Government. On receipt of the claim, payment of travelling allowance and daily allowance to members shall be made by the Registrar and Secretary of the State Commission from the travelling allowance Head of Account of the Consumer Disputes Redressal Commission.

(10)   Every claim under this sub-rule shall be subject to certifying by the member to the effect that he had not claimed such allowances from any other Government Departments, Ministries or Organizations or establishments for his visit to attend the meeting of the State Council or any of its working group. For the purpose of calculating travelling allowance, the address of the members as shown in the notification constituting the Council shall be followed. Local non-official members residing at the place of the venue of the meeting shall be paid a consolidated amount of rupees 300 (Rupees three hundred only) per diem.

Rule - 5. Composition of the District Consumer Protection Council.

(1)     The District Consumer Protection Council established under Section 8 of the Act (hereinafter referred to as the District Council) shall consist of the following members, namely:

(a)      The Collector of the District Chairperson;

(b)      Three members of the Kerala Legislative Assembly, nominated by the Government;

(c)      Five representatives from the Government Departments and Undertakings concerned, with consumer interests, nominated by the Chairperson;

(d)      Five representatives from the voluntary consumer organizations in the District, nominated by the Chairperson, of whom one shall be woman;

(e)      Four representatives from among farmers, manufactures, traders and industrialists, nominated by the Chairperson;

(f)       Five representatives of the recognized trade unions of the District, nominated by the Chairperson;

(g)      Three persons capable of representing consumer interests in the District other than those specified above nominated by the Chairperson;

(h)     One representative of the Press Club of the District Headquarters, nominated by the Chairperson;

(i)       Six members representing the Panchayats, two each from the Grama Panchayat, Block Panchayat and District Panchayat, nominated by the District Panchayat President;

(j)       The District Supply Officer ex-officio, who shall be the Member-Secretary of the District Council.

(k)      The Senior Superintendent of the District Consumer Disputes Redressal Commission ex-officio.

(2)     The term of office of the members shall be four years from the date of nomination.

(3)     Any nominated member may, by writing under his hand addressed to the Chairperson of the District Council, resign his office. Any vacancy that may arise due to resignation or otherwise shall be filled from among the same category and such person shall hold office only for the remaining period of the person in whose place he was nominated.

Rule - 6. Procedure for the meetings of the District Council.

(1)     Every meeting of the District Council shall be convened by the Member Secretary in accordance with the directions of the Chairperson.

(2)     The meeting of the District Council shall be presided over by the Chairperson. In the absence of the Chairperson, the members present shall elect a person from among themselves to preside over the meeting.

(3)     The quorum for the meeting of the District Council shall be one third of its total members.

(4)     Every meeting of the District Council shall be convened only after giving not less than seven days' notice in writing of the date of meeting, to each member:

Provided that a meeting of the District Council may be convened with less than seven days' notice if the circumstances so warrant.

(5)     Every notice of the meeting of the District Council shall specify the place, date and hour of the meeting and shall contain a statement of the business to be transacted thereof.

(6)     For the purpose of performing its functions under the Act, the District Council may constitute, from amongst its members, such working groups as it may deem necessary under the Chairmanship of the Member-Secretary of the District Council and each such working group so constituted shall perform such functions as are assigned to it by the District Council. Such working groups shall consist of not exceeding five members and shall meet as and when necessary. The findings of such working groups shall be placed before the District Council for its consideration.

(7)     The resolutions passed by the District Council shall be advisory in nature.

(8)     No proceedings of the District Council shall be invalid merely by reasons of existence of any vacancy in or any defect in the constitution of the District Council.

(9)     The non-official members and members of the Legislative Assembly shall be eligible for traveling allowance and daily allowance for attending the meetings of the District Council or its working groups at the rate admissible to Class I Officers of the Government. The official members of the District Council shall be eligible for traveling allowance and daily allowance for attending the meetings of the District Council and working groups as admissible under the provisions of the Kerala Service Rules. Every claim under this sub-rule shall be subject to certifying by the member to the effect that he had not claimed such allowances from any other Government Departments, Ministries or Organizations or establishments for his visit to attend the meeting of the District Council or any of its working group.

Note. For the purpose of calculating travelling allowance, the address of the member as shown in the notification constituting the District Council shall be followed. Local non-official members residing at the place of the venue of the meeting shall be paid consolidated amount of rupees 300 (Rupees three hundred only) per diem. On receipt of the claim, payment of travelling allowance and dearness allowance to members shall be made by the Senior Superintendent of the District Commission from the Travelling Expense provision of the Consumer Disputes Redressal Commission.

Rule - 7. Head of Office of District Commission.

The President of the District Commission shall be the Head of Office and shall have the administrative control over the staff of the District Commission.

Rule - 8. Salaries and allowances payable to president and members of District Commission.

(1)     The President shall be entitled to the salary and allowances as are admissible to a District Judge in the super time scale of pay.

(2)     A member shall receive a pay equal to the pay at the minimum of the scale of pay of a Deputy Secretary of the State Government and other allowances as admissible to such officer.

(3)     The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by gross amount of pension drawn by him.

(4)     There shall be an annual upward revision of the pay of the President and member at the rate of three per cent:

Provided that the President and members of the District Commission who are holding the offices as such by virtue of Section 31 of the Act on the date of commencement of this rules shall be eligible for the salary and allowances as provided in (1) and (2) above.

Rule - 9. Location, Working days and office hours.

The working days and office hours of the office of a District Commission shall be the same as that of the offices of the State Government.

Rule - 10. Seal and emblem.

The office seal and emblem of the District Commission shall be such as may be determined by the Government.

Rule - 11. Place of sitting.

The sitting of the District Commission shall be convened by the President. The sitting shall ordinarily be at the office of the District Commission:

Provided that sitting may also be convened at such other places, if the situation warrants, subject to the concurrence of the State Commission.

Rule - 12. Head of Office of State Commission.

The President of the State Commission shall be the Head of Office and shall have the administrative control over the staff of the State Commission.

Rule - 13. Salaries and allowances payable to President and members of State Commission.

(1)     The President of the State Commission shall receive the salary and other allowances as are admissible to a sitting judge of the High Court of the State.

(2)     A member of the State Commission shall receive a pay equivalent to the pay at minimum of the scale of pay of an Additional Secretary of the State Government and other allowances as admissible to such officer.

(3)     The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by gross amount of pension drawn by him.

(4)     There shall be an annual upward revision of the pay of the member at the rate of three per cent:

Provided that the President and members of the State Commission who are holding the offices as such by virtue of Section 45 of the Act on the date of commencement of this rules shall be eligible for the salary and allowances as provided in sub-rules (1) and (2) above.

Rule - 14. Location, Working days and office hours.

(1)     The Office of the State Commission shall be at Thiruvananthapuram.

(2)     The working days and office hours of the office of a State Commission shall be the same as that of the offices of the State Government.

Rule - 15. Seal and emblem.

The office seal and emblem of the State Commission shall be such as may be determined by the Government.

Rule - 16. Place of sitting.

The sitting of the State Commission shall be convened by the President. The sitting shall ordinarily be at the office of the State Commissions:

Provided that sitting may also be convened at other centres, if the situation warrants.

Rule - 17. Medical fitness.

No person shall be appointed as President or member unless he is declared medically fit in the Form I by an authority specified by the Government in this behalf.

Rule - 18. Casual vacancy.

In case of a casual vacancy in the office of the President in the State Commission the Government shall have the power to appoint the senior most Member to officiate as President.

Rule - 19. House rent allowance.

The President or member shall be entitled to house rent allowance at the same rate as are admissible to Group 'A' Officer of the Government of a corresponding status.

Rule - 20. Transport allowance.

The President or member shall be entitled to transport allowance at the same rate as are admissible to Group 'A' Officer of the Government of a corresponding status.

Rule - 21. Leave and medical treatment and hospital facilities.

The President and members of the State Commission and the District Commission shall be entitled to leave, Leave Travel Concession, medical treatment and hospital facilities as per the provisions applicable to Group 'A' Government servants in the State.

Rule - 22. Declaration of financial and other interests.

The President or member shall, before entering upon his office, declare his assets, and his liabilities and financial and other interests.

Rule - 23. Other conditions of service.

(1)     The terms and conditions of service of the President or member of the State Commission or District Commission with respect to which no express provision has been made in these rules, shall be such as are admissible to a Group 'A' Officer of the Government of a corresponding status.

(2)     The President or member shall not practice before the National Commission, the State Commission or the District Commission after retirement from the service of the State Commission or the District Commission, as the case may be.

(3)     The President or member shall not undertake any arbitration work while functioning in these capacities in the State Commission or the District Commission, as the case may be.

(4)     The President or member of the State Commission or the District Commission, as the case may be, shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the State Commission or the District Commission:

Provided that nothing contained in this rule shall apply to any employment under the Central Government or a State Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of Section 2 of the Companies Act, 2013 (18 of 2013).

(5)     The salary, remuneration and other allowances shall be defrayed out of the Consolidated Fund of the State.

(6)     The terms and conditions of the service of the President and the Members of the District Commission and the State Commission shall not be varied to their disadvantage during their tenure of office.

Rule - 24. Oaths of office and secrecy.

Every person appointed to be the President or member shall, before entering upon his office, make and subscribe an oath of office in Form II and oath of secrecy in Form III.

Rule - 25. Manner of authentication of goods by the District Commission or the State Commission for analysis and testing.

(1)     For authentication of the goods obtained for analysis or testing, the District Commission or the State Commission, as the case may be, direct the complainant to provide one or more than one sample of the goods in clean containers with stopper properly fixed on them for the purpose of testing or analysis the defective goods.

(2)     On receipt of such goods or samples there from the District Commission or the State Commission, as the case may be, shall seal it and fix labels on the containers carrying the following informations, namely:

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

(ii)      name and address of the District Commission or the State Commission as the case may be;

(iii)     case number; and

(iv)    seal of the District Commission or the State Commission, as the case may be;

(3)     The recognized laboratory shall, after receiving sealed samples and examining it, shall forward its report to the District Commission or the State Commission as the case may be, within forty-five days or within such extended time as may be granted by the District Commission or the State Commission as the case may be, specifying the nature of the defect and the date of submission of the report.

Rule - 26. Remittance of deposit amount.

The deposit amount mentioned in the second proviso to Section 41 of the Act as a condition precedent to institute an appeal shall be paid to the State Commission by way of demand draft or banker's cheque of any Nationalized Bank drawn in favour of the Registrar and Secretary of the State Commission, payable at Thiruvananthapuram and the Registrar and Secretary, shall, in turn, deposit the amount in a Nationalized Bank in the deposit account of the Commission.

Rule - 27. Manner of furnishing information to the State Commission.

The State Commission shall furnish every month or as and when required by the State Government any information in Form IV.

Rule - 28. Maintenance of registers.

The District Commission and the State Commission shall keep the following registers, namely:

(a)      A Diary: In all complaints, appeals, and miscellaneous proceedings, a general diary shall be maintained setting out the only work done by the Presiding officer in each case. It shall be signed by the Presiding officer himself;

(b)      Daily Posting Book: The District Commission and the State Commission shall maintain a Daily posting book in Form V.

(c)      Disposal Register: The District Commission and the State Commission shall maintain a Disposal register in Form VI.

(d)      Commission Warrant Register: The District Commission and the State Commission shall maintain a Commission Warrant Register in Form VII.

(e)      Interlocutory Application Register: The District Commission and the State Commission shall maintain IA Register in Form VIII.

(f)       Consumer Complaint Register: The District Commission and the State Commission shall maintain a CC Register in Form IX.

(g)      Execution Application Register: The District Commission and the State Commission shall maintain Execution Application Register in Form X.

(h)     Execution Application Disposal Register: The District Commission and the State Commission shall maintain Execution Application Disposal Register in Form XI.

(i)       Pending Case Register: The District Commission and the State Commission shall maintain a Pending case Register in Form XII.

(j)       Appeal Register: The State Commission shall maintain Appeal Register in Form XIII.

(k)      Record Issue Register: The District Commission and the State Commission shall maintain a Record Issue Register in Form XIV.

(l)       Copy Application Register: The District Commission and the State Commission shall maintain a Copy application Register in Form XV.

(m)    A Register of process: The District Commission and the State Commission shall maintain A Register of process in Form XVI.

(n)     Attachment Register: The District Commission and the State Commission shall maintain Attachment Register in Form XVII.

(o)      Fine Register: The District Commission and the State Commission shall maintain a Fine Register in Form XVIII.

Rule - 29. Summons, Notices and Warrants.

All summons, notices and warrants which are to be issued to the parties in the complaint, execution applications are to be prepared by the District Commission and the State Commission, as the case may be in Form XIX, XX and XXI respectively.

Rule - 30. Preservation of records.

In the case of complaint, the record containing main files with the original order sheet shall be preserved for five years. In the case of records of appeal and revision petitions, it shall be preserved for three years from the date of disposal of the appeal or revision as the case may be. The records shall be destroyed only with permission from the President of the respective Commissions.

 

ANNEXURE

FORM I

(See Rule 17)

CERTIFICATE OF PHYSICAL FITNESS

I hereby certify that I have examined Shri/Smt./Ms............................and that I have not discovered that he/she has any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except.......................I do not consider this a disqualification for his/her for employment as member in the State/District Consumer Disputes Redressal Commission for a period of four years or up to the age of sixty five years, whichever is earlier.

Date...............

Signature of candidate

Signature,

Designation

(Civil Surgeon/District Medical Officer).

 

FORM II

(See Rule 24)

FORM OF OATH OF OFFICE FOR THE PRESIDENT AND MEMBER OF THE STATE COMMISSION AND DISTRICT COMMISSION

I, A. B., having been appointed as the President/Member in the State Consumer Disputes Redressal Commission............../District Consumer Disputes Redressal Commission............... do solemnly affirm/do swear in the name of God that I will faithfully and conscientiously discharge my duties as the President/Member of the State Commission/District Commission to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of land.

 

FORM III

(See Rule 24)

FORM OF OATH OF SECRECY FOR THE PRESIDENT AND MEMBER OF THE STATE COMMISSION AND DISTRICT COMMISSION

I, A. B., having been appointed as the President/Member in the State Consumer Disputes Redressal Commission,............../District Consumer Disputes Redressal Commission..........do solemnly affirm/do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as President/Member of the State Commission/District Commission except as may be required for the due discharge of my duties as President/Member.

 

FORM IV

(See Rule 27)

PERIODICAL STATEMENT TO BE SUBMITTED BY THE STATE COMMISSION TO THE STATE GOVERNMENT

 

FORM V

[See Rule 28(b)]

POSTING BOOK

Name of Commission:

Year:

Day of the week…....... Date,

 

FORM VI

[See Rule 28(C)]

DISPOSAL REGISTER

 

FORM VII

[See Rule 28(d)]

COMMISSION WARRANT REGISTER

 

FORM VIII

[See Rule 28(e)]

INTERLOCUTORY APPLICATION REGISTER

 

FORM IX

[See Rule 28(f)]

CONSUMER COMPLAINT REGISTER

Commission:

Year:

 

FORM X

[See Rule 28 (g)]

EXECUTION APPLICATION REGISTER

 

FORM XI

[See Rule 28(h)]

EXECUTION APPLICATION DISPOSAL REGISTER

 

FORM XII

[See Rule 28(i)]

PENDING CASE REGISTER

 

FORM XIII

[See Rule 280)]

APPEAL REGISTER

Commission:

Year:

 

FORM XIV

[See Rule 28(k)]

RECORD ISSUE REGISTER

 

FORM XV

[See Rule 28(l)]

COPY APPLICATION REGISTER

 

FORM XVI

See Rule 28(m)]

A REGISTER OF PROCESS

 

FORM XVII

[See Rule 28(n)]

ATTACHMENT REGISTER

 

FORM XVIII

[See Rule 28(o)]

FINE REGISTER

 

FORM XIX

(See Rule 29)

SUMMONS FOR APPEARANCE

(Title)

To

Whereas, (Name, description and place of residence) has filed a complaint against you for….........you are hereby summoned to appear in this Commission in person or by a pleader duly instructed and able to answer all material questions relating to the complaint or who shall be accompanied by some person able to answer all such questions on the….......day of…... at….....o’clock in the….........to answer the claim.

Take notice that, in default of your appearance on the day mentioned, the complaint shall be heard and determined in your absence.

Given under my hand and the seal of the Commission, this…........day of…....20…

President.

 

FORM XX

(See Rule 29)

NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT BE ISSUED

To

Whereas…...........has made an application to this Commission for execution of the order in complaint No…....of 20…...on the allegation that the order in the above complaint has not been complied with. This is to give you notice that you are to appear before this Commission…....on the…...day of…....20…. to show cause why execution should not be granted.

Given under my hand and the seal of the Commission, this…....day of…...20….

President.

 

FORM XXI

(See Rule 29)

WARRANT FOR EXECUTION OF THE ORDER

WHEREAS..............was ordered by the order of this Commission on the.......day....... of......20.....to pay to the complainant, the sum of Rs. .......as noted below and where the said sum of Rs. ......has not been paid. These are to command you to attach the movable property of the said.......as set forth in the schedule thereto annexed or which shall be pointed out to you by the said......and unless the said.......shall pay to you the said sum of Rs. ......together with Rs. .....the costs of this attachment to hold the same until further orders from this Commission.

You are further commanded to return the warrant on or before the........day of......20....... with the endorsement certifying the day on which and manner in which it has been executed or why it has not been executed.

Given under my hand and the seal of the Commission, this.......day of......20.....

President.