MADHYA PRADESH CONSUMER PROTECTION (CONSUMER DISPUTES REDRESSAL COMMISSIONS) RULES, 2021

PREAMBLE

In exercise of the powers conferred by section 102 of the Consumer Protection Act, 2019 (35 of 2019) and in supersession of the Madhya Pradesh Consumer Protection Rules, 1987 in so far as they relate to matters covered under these rules, except as respects things done or omitted to be done before such supersession, the State Government hereby makes the following rules, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2021.

(2)     They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Rule - 2. Definitions.

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

(a)      'Act' means the Consumer Protection Act 2019 (35 of 2019);

(b)      'appellant' means a person who makes an appeal against the order of the District Commission;

(c)      'authorised agent' means a person duly authorised by a party to present any complaint, appeal, revision, application or to file written version or to file any written submissions and address or plead, as the case may be, for and on behalf of such a party before the District Commission or the State Commission;

(d)      'Consumer Welfare Fund' means the Consumer Welfare Fund established by the State Government or, as the case may be, by the Central Government under section 57 of the Central Goods and Services Tax Act, 2017 (12 of 2017);

(e)      'District Commission' means a District Consumer Disputes Redressal Commission established under sub-section (1) of section 28;

(f)       'Memorandum' means any memorandum of appeal filed by the appellant;

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

(h)     'National Commission' means a National Consumer Disputes Redressal Commission established under sub-section (1) of section 53;

(i)       'Opposite party' means a person who answers a complaint under the Act;

(j)       'President' means the President of the National Commission, the State Commission or the District Commission, as the case may be;

(k)      'Respondent' means the person who answers any memorandum of appeal;

(l)       'rules' means the rules made under the Act;

(m)    'section' means a section of the Act;

(n)     'State' includes a Union territory;

(o)      'State Commission' means a State Consumer Disputes Redressal Commission established under sub-section (1) of section 42;

(2)     The words and expressions used herein, and not defined but defined in the Act, shall have the meaning assigned to them in the Act.

Rule - 3. Place of sitting, working days, office hours and other matters relating to District Commission.

(1)     The office of the District Commission shall be located at the headquarter of the District. Where State Government decides to establish a single District Commission having jurisdiction over more than one District, it shall notify the place and jurisdiction of District Commission so established.

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

(3)     The official seal and emblem of the District Commission shall be as follows:-

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

(5)     No act or proceedings of the District Commission shall be invalid by reason only of the existence of any vacancy among its Members or any defect in its constitution.

(6)     The President of the State Commission shall appoint such staff as may be necessary to assist the District Commission 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.

Rule - 4. Place of sitting, working days, office hours and other matters relating to State Commission.

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

(2)     Circuit Sitting/Bench of the State Commission shall be conducted on such places, as notified by the State Government.

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

(4)     The official seal and emblem of the State Commission shall be as follows:-

(5)     (i) Sitting of the State Commission, as and when necessary, shall be convened by the President.

(ii) Sitting of the State Commission, as and when necessary, shall also be conducted by Members of a Bench constituted by the President of the State Commission.

(6)     No action 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 its constitution thereof.

(7)     The President of the State Commission shall appoint such staff, as may be necessary to assist the State Commission in its day to day work and perform such other functions as are provided under these rules or may be assigned to it by the President. The salary payable to such staff shall be defrayed out of the Consolidated Fund of the State Government.

Rule - 5. Manner of authentication of goods by the District Commission for analysis and testing.

(1)     The District Commission may 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 purposes of testing or analysis.

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

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

(b)      the name and address of the District Commission;

(c)      the case number; and

(d)      the official seal of the District Commission.

(3)     The sealed sample shall be sent to the recognised laboratory by the District Commission.

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

Rule - 6. Manner of authentication of goods by the State Commission for analysis and testing.

(1)     The State Commission may 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 purposes of testing or analysis.

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

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

(b)      the name and address of the State Commission;

(c)      the case number; and

(d)      the official seal of the State Commission.

(3)     The sealed sample shall be sent to the recognised laboratory by the State Commission.

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

Rule - 7. Procedure in respect of complaints before District Commission.

(1)     A complaint shall be presented to the District Commission by the complainant in person or by his authorized agent, or be sent by a registered post or by such other mode as may be specified, addressed to the District Commission, containing the following particulars, namely:-

(a)      the name, description, address, email ID, mobile number, pass port size photograph 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 the complaint and when and where it arose;

(d)      the documents in support of the allegations contained in the complaint along with Index;

(e)      the relief which the complainant claims.

(f)       Verification

(2)     Every complaint under sub-rule (1) shall be accompanied by a fee as specified in Rule 7 of the Consumer Protection (Consumer Disputes Redressal Commissions) Rule, 2020.

(3)     The District Commission shall, while disposing of any complaint before it, follow the procedure and conditions provided under sections 37 and 38 with such modifications as may be considered necessary by it.

(4)     On the date of hearing or any other date to which hearing may be adjourned, the parties or their authorised agent shall appear before the District Commission and where:

(a)      the complainant or his authorised agent fails to appear, the District Commission may, in its discretion, either dismiss the complaint for default or decide it on merits;

(b)      the opposite party or his authorised agent fails to appear, the District Commission may decide the complaint ex-parte on the merits of the case.

(5)     The District Commission may, on such terms as it deems fit and at any stage of the proceedings, adjourn the hearing of the complaint, but the complaint shall be decided as far as possible within a period of:

(a)      three months from the date of notice received by the opposite party where such complaint does not require any analysis or testing of commodities; and

(b)      five months if such complaint requires analysis or testing.

(6)     In the event of a complaint being disposed of after the period specified in sub-rule (5), the District Commission shall record in writing, the reasons for such delay.

(7)     If after conducting the proceedings, the District Commission is satisfied with the allegations contained in the complaint, it shall issue order to the opposite party or parties, as the case may be, directing him or them to take one or more of the actions mentioned in sub-section (1) of section 39.

Rule - 8. Procedure in respect of complaints before State Commission.

(1)     A complaint shall be presented to the State Commission by the complainant in person or by his authorized agent, or be sent by a registered post or by such other mode as may be specified, addressed to the State Commission, containing the following particulars, namely:-

(a)      the name, description, address, email ID, mobile number, pass port size photograph 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 the complaint and when and where it arose;

(d)      the documents in support of the allegations contained in the complaint along with list of annexures;

(e)      the relief which the complainant claims.

(f)       Verification

(2)     Every complaint under sub-rule (1) shall be accompanied by a fee as specified in Rule 7 of the Consumer Protection (Consumer Disputes Redressal Commissions) Rule, 2020.

(3)     The State Commission shall, while disposing of any complaint before it, follow the procedure and conditions provided under sections 37 and 38, with such modifications as may be considered necessary by it.

(4)     On the date of hearing or any other date to which hearing may be adjourned, the parties or their authorised agent shall appear before the State Commission, and where:

(a)      the complainant or his authorised agent fails to appear, the State Commission may, in its discretion, either dismiss the complaint for default or decide it on merits;

(b)      the opposite party or his authorised agent fails to appear, the State Commission may decide the complaint ex-parte on the merits of the case.

(5)     The State Commission may, on such terms as it deems fit and at any stage of the proceedings, adjourn the hearing of the complaint, but the complaint shall be decided as far as possible within a period of:

(a)      three months from the date of notice received by the opposite party where such complaint does not require any analysis or testing of commodities; and

(b)      five months if such complaint requires analysis or testing.

(6)     In the event of a complaint being disposed of after the period specified in sub-rule (5), the State Commission shall record in writing, the reasons for such delay.

(7)     If after conducting the proceedings, the State Commission is satisfied with the allegations contained in the complaint, it shall issue order to the opposite party or parties, as the case may be, directing him or them to take one or more of the actions mentioned in sub-section (1) of section 39.

Rule - 9. Manner of depositing amount in appeals before State Commission.

Where an appeal is filed before the State Commission under section 41, the amount to be deposited by the appellant as provided in the second proviso to the said section shall be remitted in the form of a crossed Demand Draft drawn on a nationalised bank in favour of the President of the concerned District Commission. Acknowledgment of its receipt shall be submitted to the State Commission along with the memorandum of appeal.

Rule - 10. Number of Members in District Commission and State Commission.

(a)      The District Commission shall consist of a President and not less than two members, of whom at least one member shall be a woman.

(b)      The State Commission shall consist of a President and not less four or not more than such number of Members as may be prescribed by the State Government from time to time, out of which one shall be a woman.

Rule - 11. Furnishing of information by District Commission.

The District Commission shall furnish information to the State Commission on a quarterly basis in the form as specified in Schedule T to these rules.

Rule - 12.

Every final order passed by the District Commission or State Commission, as the case may be, shall be communicated to the parties free of cost.

Rule - 13.

If any subject with respect to which no express provision has been made in these rules, shall be such as is mentioned in the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 made by the Central Government and in the Consumer Protection (Consumer Commission Procedure) Regulations. 2020 made by the National Consumer Disputes Redressal Commission.

SCHEDULE I

[See Rule 11]

Present position of Implementation

(Quarterly Performance Report)

Working of Consumer Commissions/Consumer Protection Measures

Name of District:______________

Signature with Seal