exercise of the powers conferred by sub-section(1) of section 30 of
the Consumer Protection Act, 1986(68 of 1986), Central
Government hereby makes the following rules, namely:-
1. Short title, extent and commencement.-
(1) These rules may be called the Consumer Protection
(2). They shall come into force on the date of their publication in the
2. Definition.- 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 National Commission;
(c) "appellant" means a party which makes an appeal against
the order of the State Commission;
(d) "chairman" means a chairman of the Central Consumer Protection
Council established under sub-section(1) of the section
4 of the act;
(e) "memorandum" means any memorandum of appeal filed by the
(f) "opposite party" means a person who answers complaint or
(g) "president" means the President of the National Commission;
(h) "respondent" means the person who answers any memorandum
(i) "section" means section of the Act;
(j) "state" includes Union territories also;
(k) words and expressions used in the rules and not defined but defined
in the Act
shall have the meanings respectively assigned to them in the Act.
State Governments to recognise a laboratory as an appropriate
(1) For the purpose of obtaining recognition as an appropriate
laboratory, the applicant shall send application, in triplicate,
in the Performa prescribed by the Bureau of Indian Standards with
the relevant details to the Department concerned with the consumer
protection work in the State Government.
(2) The State Government on receiving the application from the applicant,
shall forward its two copies to the Bureau of Indian Standards
to assess the suitability of the laboratory from
the standards prescribed by them (Bureau of Indian Standards). The fee
charged by the Bureau of Indian Standards, for this
purpose, shall be paid by the applicant.
(3) The State Government on receiving the recommendations
and approval of the Bureau of Indian Standards,
shall notify that laboratory as an "appropriate
laboratory" for the purpose of Consumer Protection Act, 1986
for a period of three years.
3.The Constitution of the Central Consumer Protection Council and the
(1) The Central Government shall, by notification in the Official
Gazette constitute the Central Consumer Protection Council (herein after
referred to as the Central council) which shall consist of the
following 150 members, namely:-
(a) the Minister in-charge of Consumer Affairs in the Central Government
who shall be the Chairman of the Central Council;
(b) the Minister of State (where he is not holding independent charge)
or Deputy Minister [in charge of Consumer Affairs
in the Central Government] who shall be Vice-Chairman
of the Central Council;
(c) the Minister of Food & Civil Supplies or Minister in-charge of
Consumer Affairs in State;
(d) eight members of Parliament- five from the Lok Sabha and three from
(e) the Secretary of the National Commissioner for Scheduled Castes
(f) representatives of the Central Government Department and autonomous
organisations concerned with consumer interests-not exceeding
(g) representatives of the Consumer Organisations or consumers-
not less then thirty five;
(h) representatives of women- not less then ten;
(i) representatives of farmers, trade and industries- not
(j) persons capable of representing consumer interest not specified
above-not exceeding fifteen;
(k) the Secretary in the Department of Civil Supplies shall be the member
secretary of the Central Council.
(2) The term of the Council shall be three years.
(3) Any member may, by writing under his hand to the Chairman of the
Central Council, resign from the Council. The vacancies,
so caused or otherwise, shall be filled from the
same category by the Central Government and such
person shall hold office so long as the member whose place
he fills would have been entitled to hold office, if the vacancy
had not occurred.
(4) Procedure of the Central Council.- Under sub-section (2) of section
5, the Central Council shall observe the following procedure
in regard to the transaction of its business,-
(1) The meeting of the Central Council shall be presided over by
the Chairman. In the absence of the Chairman, the
Vice-Chairman shall preside over the meeting of
the Central Council. In the absence of the Chairman and
the Vice-Chairman the Central Council shall elect a member to preside
over that meeting of the Council.
(2) Each meeting of the Central Council shall
be called by giving, not less than ten days from
the date of issue, notice in writing to every member.
(3) Every notice of a meeting of the Central Council shall specify the
place and the day and hour of the meeting and shall contain
statement of business to be transacted thereat.
(4) No proceeding of the Central Council shall be invalid merely by
reasons of existence of any vacancy in or any defect in
the constitution of the Council.
(5) For the purpose of performing its functions under the
act, the Central Council may constitute from amongst
its members, such working groups as it may deem
necessary and every working group so constituted shall
perform such functions as are assigned to it by the Central Council.
The finding of such working group shall be placed before the Central
Council for its consideration.
(6). The non-official members shall be entitled to first
class or second Air-Conditioned by all trains (including
Rajdhani Express) to and fro Railway fare or actual
mode of travel whichever is less. Outstation non-official
members shall be entitled to a daily allowance of one hundred
rupees per day for attending the meetings of the Central Council
or any working group. Local non-official members shall
be paid actual conveyance, hire charges subject
to a ceiling of Rs. 75.00 per day irrespective of
the classification of the city. Members of Parliament shall
be entitled to traveling and daily allowances at such rates as are
admissible to such members.
(7) The resolution passed by the Central Council shall
be recommendatory in nature.
5. Place of the National Commission.- The office of the National
Commission shall be located in the Union Territory of Delhi.
6. Working days and office hours of the National Commission.- The
working days and office hours of the National Commission
shall be the same as that of the Central Government.
7. Seal and emblem.- The official seal and emblem of the National
Commission shall be such as the Central Government may
specify. 8. Sitting of the National Commission.-
The sitting of the National Commission as and when
necessary, shall be convened by the President.
9. Staff of the National Commission.- The Central Government shall
appoint such staff as may be necessary to assist the National
Commission in its day to day work and to perform
such other functions as are provided under the Act
and these rules or assigned to it by the President.
The salary payable to such staff shall be defrayed out of the Consolidated
Fund of India.
10. Additional powers of the National Commission, State Commission
and District Forum.-
(1) The National Commission, the State Commission and the
District Forum shall have power to require any person,-
(a) to produce before, and allow to be examined and kept by an officer
of the National Commission, the State Commission
or the District Forum, as the case may be, specified
in this behalf, such books, accounts, documents
or commodities in the custody or under the control of the person
so required as may be specified or described in the requisition,
if the examination of such books, accounts documents or
commodities are required for the purpose of this
(b) to furnish to an officer so specified, such information
as may be required for the purpose of this Act.
(a) Where during any proceedings under this Act, the National Commission,
the State Commission or the District Forum, as the case may be,
has any ground to believe that any book, paper, commodity or document
which may be required to be produced in such proceedings,
are being or may be, destroyed mutilated, altered,
falsified or secreted, it may, by written order,
authorise any officer to exercise the power of entry and search
of any premises. Such authorised officer may also seize such books,
papers, documents or commodities as are required for the purpose
of this Act: Provided that seizure shall be communicated
to the National Commission, the State Commission
or District Forum, as the case may be, as soon it is made or within a
period not exceeding 72 hours of making such seizure after
specifying the reasons in writing for making such seizure.
(b) The National Commission the State Commission or the District Forum,
as the case may be, on examination of such seized documents or commodities,
as the case may be, may order the retention thereof or may return it to
the party concerned.
11. Salaries, honorarium and other allowances of the President and
Members of the National Commission.-
(1) The President of the National Commission
shall be entitled to salary, allowances and other perquisites as are available
to a sitting Judge of the Supreme Court and other members,
if sitting on whole-time basis, shall receive a consolidated
honorarium of six thousand rupees per month of if sitting
on part-time basis, a consolidated herbarium of
three hundred rupees per day of sitting.
(2) The President and the members shall be entitled to traveling and
daily allowances on official, tours at the same rate as
are admissible to group 'A' officers of the
(3) The honorarium or the salary, as the case may be, and other
allowances shall be defrayed out of the Consolidated Fund
12. Terms and conditions of service of the President and members of
(1) Before appointment, the President and a member of
the National Commission shall have to take 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.
(2) Every member of National Commission shall hold office for a term of
five years or up to the age of seventy years, whichever
is earlier and shall not be eligible for reappointment.
(3) Notwithstanding anything contained in sub-rule (2) the President or
(a) by writing under his hand and addressed
to the Central Government resign his office at any
(b) be removed from his office in accordance with the provisions
of rule 13.
(4) The terms and conditions of service of the President and members shall
not be varied to their disadvantage during their tenure of office.
(5) A casual vacancy caused by resignation or removal of
the President or any other member of the National
commission under sub-rule(3) or otherwise shall
be filled by fresh appointment.
(6) When the office of the President of the National Commission is
vacant or when such President is, by reason of absence
or otherwise unable to perform the duties of his
office, the duties of the office shall be performed by such person, who
is qualified to be appointed as President or the
National Commission, as the Central Government may appoint for the
(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 administrations 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 case to hold such office.
13. Removal of President or members from office in certain
(1) The Central Government may remove from office, the President
or any member, who,-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting
as the President or the member; or
(d) has acquired such financial or other interest as is
likely to affect prejudicially his functions as
the President or a member; or
(e) has so abused his position as to render his continuance
in office prejudicial to the public interest.
(2) Notwithstanding anything contained in sub-rule (1), the President
or any member shall not be removed from his office
on the grounds specified in clauses (d) and (e) of that sub-rule except
on an inquiry held by Central Government in accordance with such procedure
as it may specify in this behalf and finds the President
or a member to be guilty of such ground.
14. Procedure to be followed by the National Commission.-
(1) A complaint containing the following particulars
shall be presented by the complainant in person
or by his agent to the National Commission or be sent
by registered post, addressed to the National Commission:-
(a) the name, description and the address of the complainant;
(b) the name, description and the 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) documents in support of the allegation contained in the complaint;
(e) the relief which the complainant claims.
(2) The National Commission shall, in disposal of any complaint before
it, as far as possible, follow the procedures laid down
in sub-sections (1) and (2) of section 13 in relation
to the complaint received by the District Forum.
(3) On the date of hearing or any other date to which hearing could be
adjourned, it shall be obligatory on the parties or their
agents to appear before the National Commission.
Where the complainant or his agent fails to appear
before the National Commission on such days, the National Commission
may in its discretion either dismiss the complaint for default
or decide it on merits. Where the opposite party or its
agent fails to appear on the date of hearing the
National Commission may decide the complaint ex-parte.
(4) The National 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 three months from the
date of notice received by opposite party where compliant does not require
analysis or testing of commodities.
(5) If after the proceedings conducted under sub-rule (3), the National
Commission is satisfied with the allegations contained in the complaint,
it shall issue orders to the opposite party or parties, as the case may
be, directing him or them to take one or more of the things
as mentioned in sub-section (1) of section 14. The
National Commission shall also have the power to
direct that any order passed by it, where no appeal has been
preferred under section 2 or where the order of the National Commission
has been affirmed by the Supreme Court under that section, be published
in the Office Gazette or through any other media and no legal proceeding
shall lie against the National Commission or any media for such
15. Procedure for hearing the appeal.-
(1) Memorandum shall be presented by the appellant
or his agent to the National Commission in person or be sent
by 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 district heads, the grounds
of appeal without any argument or narrative and such grounds
shall be numbered consecutively.
(3) Each memorandum shall be accompanied by a certified copy of the order
of the State Commission 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 shall
be accompanied by an application supported by an
affidavit setting forth the facts on which the appellant
relies to satisfy the National Commission that he has sufficient
cause for not preferring the appeal within the period of limitation.
(5) The appellant shall submit six copies of the memorandum
to the Commission for official purpose.
(6) On the date of hearing or on any other day to which hearing may be
adjourned, it shall be obligatory for the parties or their
agents to appear before the National Commission.
If appellant or his agent fails to appear on such
date, the National Commission may in its discretion either dismiss
the appeal or decide ex-parte on merits. If the respondent or his
agent fails to appear on such date, the National Commission
shall proceed ex-parte and shall decide the appeal on merits of the case.
(7) The appellant shall not, except by leave of the National Commission,
urge or be heard in support of any ground of objection
not set forth in the memorandum but the National
Commission, in deciding the appeal, may not confine
to the grounds of objection set forth in the memorandum; Provided
that the Commission shall not rest its decision on any other ground
other than those specified in the memorandum unless the party who
may be affected thereby, has been given, an opportunity
of being heard by the National Commission.
(8) The National Commission, on such terms as it may think fit at any
stage, adjourn the hearing of the appeal, but not more
shall ordinarily be given and the appeal should be decided
as far as possible,
within ninety days from the first date of hearing.
(9) The order of the National Commission shall be communicated
to the parties concerned free of cost.
15A. Sitting of the National Commission and signing of orders.-
(1) Every proceeding of the National Commission
shall be conducted by the President and at least
two members thereof sitting together; Provided that
where the member or members for any reason are unable to conduct
the proceeding till it is completed, the President shall conduct
such proceeding de novo.
(2) Every order made by the National Commission shall be
signed by the President and at least two members who conducted the proceeding
and if there is any difference of opinion among themselves, the opinion
of majority shall be the order of the National Commission; Provided that
where the proceeding is conducted by the President and three members thereof
and they differ on any point or points, they shall state the point or
points on which they differ and refer the same to the other member for
hearing on such point or points and such point or points shall be decided
accordingly to the opinion of the majority of the National Commission.