[1][THE CONSUMER
PROTECTION (KERALA) RULES, 1987 (1)
These rules may be called the Consumer Protection (Kerala) Rules,
1987. (2)
They shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.[2] In these rules, unless the
context otherwise requires,- (a)
"Act" means the Consumer Protection Act, 1986 (Central
Act 68 of 1986); (b)
"agent" means a person duly authorized by a party to
present my complaint or appeal 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; (f)
"respondent" means the person who answers any memorandum
of appeal; (g)
"State" means the State of Kerala. (1)
The President of the District Forum shall receive the salary of
the Judge of a District Court if appointed on whole-time basis or an honorarium
of Rs.150 per day for the sitting if appointed on part-time basis. Other
members if sitting on hole time basis, shall receive a consolidated honorarium
of[3] [Rs.3750]
per month and if sitting on part- time basis, a consolidated honorarium of
Rs.100 per day for the sitting. (2)
The President and the members of the District Forum shall be
entitled for such travelling allowance and daily allowance on official tour as
are admissible to Grade 1 Officer of the State Government. (3)
The salary, honorarium and other allowances shall be defrayed out
of the Consolidated Fund of the State. (4)
Before appointment, the President and each member of the District
Forum shall have to take 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 member. (5)
In addition to the provisions of S. 10(2) of the Act, the
Government may remove from office, the President or a 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
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 or a
member shall not be removed from his office on the ground specified in clauses
(d) and (e) except on an inquiry held by the Government in accordance with such
procedure at it may specify in this behalf and finds the member to be guilty of
such ground. (6)
The terms and conditions of the service of the President and the
members 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 owing to absence, illness or any other cause, the senior most (in
order of appointment) member of the District Forum shall discharge the
functions of the President until the day on which the President resumes 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 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)
The office of the District Forum shall be located at the
headquarters of the District. (2)
The working days and the office hours of the District Forum shall
be the same as that of the Government. (3)
The official seal and emblem of the District Forum shall be such
as the 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)
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. (7)
Where the opposite party admits the allegation made by the
complainant, the District Forum shall decide the complaint on the basis of the
merit of the case and documents presented before it (8)
If during the proceedings conducted under S.13 of the Act, the
District Forum fixes a date for hearing of the parties, it shall be obligatory
on the complainant and opposite party or its authorized 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 authorized 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 or its authorized agent fails to appear on the day of
hearing, the District Forum may decide the complaint ex-part. (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 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 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. (1)
Under clause (c) of sub-s.(l) of S. 13 of the Act, the District
Forum may, if considered necessary, 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
shall 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 shall be sent to the appropriate laboratory by the
District Forum for sending report within 45 years 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. (1)
President of the State Commission shall receive the salary of the
Judge of the High Court if appointed on whole time basis or a consolidated
honorarium of Rs.200 per day for the sitting if appointed on part-time basis.
Other members, if sitting on whole time basis, shall receive a consolidated
honorarium of [4][Rs.60001
per month and if sitting on part-time basis, a consolidated honorarium of Rs.
150 per day for the sitting. (2)
In sub-rule (1) of rule 6, for the letters and figures
"Rs.3000" the letters and figures "Rs.4000" shall be
substituted. (3)
The salary, honorarium, other allowances shall be defrayed out of
the Consolidated Fund of State. (4)
[5][The
President of the State Commission shall hold office for a term of five years or
up to the age of 70 years whichever is earlier and the member of the State
Commission shall hold office for a team of five years or up to the age of 65
years whichever is earlier] and shall not be eligible for renomination: Provided that the President and a
member may:- (a)
by writing under his hand and addressed to the Government resign
his office any time; (b)
be removed from his office in accordance with provisions of
subrule (5). (5)
The Government may remove from office, the 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
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; or a
member shall not be removed from his office on the
ground specified in Clauses (d) and (e) except on an
inquiry held by the Government in accordance with such procedure, as it may
specify in this behalf and finds the member to be guilty of such
ground. (6)
Before appointment, the President and each member of the State
Commission shall have to take 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 such member. (7)
The terms and conditions of the services 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 order 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 cause, the senior- most
(in order of appointment) member of the State Commission shall discharge the
functions of the President until the day on which the President resumes 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
administrations of an organization 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 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 Government may specify. (4)
Sitting of the State Commission, as and when necessary, shall be
convened by the President. (5)
No Act or Proceeding 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. (6)
The 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. (7)
Where the opposite party 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 presented before it. (8)
If during the proceedings conducted under S. 13 of the Act, the
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 may 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 expart. (9)
While proceeding under sub-rule (8) the State Commission may, on
such terms as it may think fit and at any state, 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. (1)
Memorandum of appeal 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 of appeal 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 ground shall be numbered consecutively. (3)
Each memorandum of appeal 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 the period of
limitation as specified in the Act, the memorandum of appeal 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 of appeal
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 merit of the case. If respondent or his
authorized agents fails to appear on such date, the State Commission shall
proceed expart and shall decide the appeal expart 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 of appeal but the State Commission, in deciding the appeal, shall
not confine to the grounds of objection set forth in the memorandum of appeal
or taken by leave of the State Commission under this rule: Provided that the Commission
shall not rest any decision on any other grounds unless the party who may be
affected thereby, has been given, at least an opportunity of being heard by the
State Commission. (8)
State Commission may, on such terms has 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 member of the State Commission constituting the Bench and shall be
communicated to the parties free of charge. [1] (Published
in K.G. Ex. No.822 dt. 16-10-1987.) [2] (Date of
Commencement: 15-12-1989 as per Noti. No. 13588/C1/89/ F&CSD dt 8-12-1989
pub. in K.G. Ex. No. 1140 dt 20-12-1989.) [3] (Substituted
by SRO 587/92 dt. 25-4-1992, and SRO 153/96 Noti. No. 1547/Cl/ 95 /F&CSD
dt. 27 1-1996.) [4] (Substituted
by SRO 587/92 dt. 25-4-1992. and SRO 153/96.) [5] (Substituted
by SRO 2027/89 Noti. No. 13112/Cl/89/F & CSD dt. 14-12-1989.)THE CONSUMER PROTECTION (KERALA) RULES, 1987