Rule, 1987

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

GOVERNl\lENT OF TRIPURA

FOOD AND CIVIL SUPPLIES DEPARTMENT

THE TRIPURA CONSUMER PROTECTION

RULES, 1987

Published in the

EXTRAORDINARY ISSUE OF TRIPURA GAZETTE

Agartala, Monday, September 28, ]987 A. D.

GOVERNivlENT OF TRI PURA

FOOD AND CIVIL SUPPLIES DEPARTMENT

No. F. 3(36)-FSDj82(II) Dated, Agartala, the 26th September, 1987.

NOTIFICATION

In exercise of the powers conferred by 5.U b-section (2) of section 30 of the Consumer Protection Act, 1986 ( 68 of 1986 ), State Government hereby makes the following Rules namely :-

1. SHORT TITLE AND COl\1MENCElVIENT :- (\) These rules may be CJI1ed the Tr ipura Consumer Protection Rules, 1987.

(2) They shall come into force on the Second day of October, 1987. 20 EXTRAORDINARY ISSUE or; TRIPURA GAZETTE In these rules, unless the context otherwise requires :-

(a) "Act" means the Consumer Protection Act, 1986 (68 of 19~6) : (b). "agent" means a per son duly authorised hy (\ party to present any complaint or a ppca l or reply UI1 it-- behalf before the State Commission or the District Forum;

(c) ";appeallant" means a party which makes an appeal against the order of the' District Forum;

(d) "mernorand urn" mean S memoran ci LI In 0 r appeal flied by the appcallant ;

(e) "Opposit party" means a perS011 who answers complaint or claim; (0 "president" means the President of the State Commission or Dis­ trict Forum as the case may be ;

(g) "respondent' means person who answers any memorandum of appeal;

(11; "State" includes union territories.

3. SALARIES AND OTHER ALLOWANCES AND TERMS AND CON­ DITIONS OF THE PRESIDENT AND MEMBERS OF THE DIS­

(1) The president of the District Forum shall receive the salary or the ju­ dge of a District Court if appointed 011 whole-time basis or all hono-

1) rarium of R~~ per day if appointed on part-time basis. Other members if RlttIng on whole time basis, shall receive a consolidated honorarium of Rs. 2000 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 enti­ tkd~for such travelling allowance and da il, allowance on official tour as are admissible to Grade I officer of the State Government. (~) The s\11arYI honorarium and other allowances shall be defrayed out of thd Consolidated Fund of the State Government.

(4) Before appointment, the president and mcmb irs or the District Fo­ rum shall have to take an undertaking rthat he docs not and will not have any such financial or other interests as is likely to ulfect prcjud i­ cially his 'functions as a mem ber.

()) fn addition of provisions of section 10(2), Sta tc Government may rc­ .vnove from the office, the president and member of a District Forum who :-

(a) has been adjudged an insolvent, or

(b) has been convicted or a n olllc,~ which ill tile opinion or tile Sl;l­ te Government, involves moral turpitude, or

(c) bas become phy sica.l Y or me 11 t;d Iy inca pa blc of act ing as Suc11 member, or

(d) has acquired such financial or other interest as it 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 t11:1t the president or member shall not be removed from his office on the ground specified in clauses (d) and (e) of the sub-rule ..

(5) except on an inquiry held by State Government in accordance with such procedure (1S it may specify in this behalf and finds the member to be gui Ity of such grou nd ,

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

(7) \Vhere any vacancy occurs in the ofrice of the president of the Dis­ trict Forum, the seniormost (in order or 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 vacan­ cy assumes the office or the president of the District Forum. (~) When the presideut of t he District Forum is unable to discharge the functions owing to absence, illness, or any other cause, the seniormost ( in order to the appointment) member of the- Distr ict Forum shall discharge the functions of the president until the day on which the president resumes the charge of his functions.

(9) The president or any member ceasing to hold office 3S such shall n01 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 datte on which ceases to hold suchoff'icer.

22 EXTRAORDINARY ISSUE OF TRPURA GAZETTE

4. PLACF OF SITTING AND OTHER MATTERS RELATING TO DISTRICT FORUM [Section 14 (3) ] :- ",

(1) The office of the District Forum shall be located at the headquarter of the District. Where State Government decides to establish a sin­ gle District Forum having jurisdiction over more than one district, it shall notify the place jurisdiction of the District Forum so establi­ shed.

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

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

(4) Sitting of the District Forum, as and when necessary shall be conve ­ ned by the prisident.

(5) No act for proceedings of the District- Forum shall be invalid by rea­ sononly ofthe existence of any vacancy among its members or any defect its constitution.

(6) 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. The 'salary payable to such staff shall be defrayed out of the Consolidated Fund of the State Government.

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(7) Where the opposite party admits the allegation made by the cornpla i- nant the District Foru m shall decide the complaint on the basis of the merit of the case documents present before it.

(8) If during the proceedings conducted under section 13, District Fo­ rum fixes a date for hearing of the parties, it shall be obligatory on the complaint and opposite party or its authorised agent to appar be­ fore the District Forum on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his au­ thorised agentfails 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 authorised agent fails to apper on the day of hearing, District Forum .. may decide the complaint ex-parte.

(9) While proceeding under .sub-ruleIx), the D~strict Forum may on such tenus as it may think fit~~~) a.t any stage, adjourn the hearing of the . ';;i~'\r, ,.rl\'r'" .~ r '0~ pff) ~XTRAORDINARYI,SSUE OF TRIPUl~A GAZETTE 23 / . complaint butnot more than one adjou: nrncnt.shal l ord i.iar ily be gi­ ven and th~ complaint should be decided within 99 days from the da­ te of notice received by the opposite party where compliant docs not "'re(quire analysis or testing ~f the goods and within 150clays 11' it requi­ res analysis or testing of the gnol1s.

(\ 0) Orders of the District Forum shull be signed and dated by the 111C111­ ben of the' Disti'ict Forum constituting the Bench and shall be corn­ 111 U [1 icat edt0 the p(l\\ ics frceo f ehargc.

), PROCEDURE TO BE ADOPTED BY -rHE DISTICT FORUM FOR AN .A. LYSIS AND T EST 1NG 0 F r HEGO 0 DS. . .

Under Section 13 (1) (e), if considered necessary, the District Forum m.iv direct the complainant to provide more than one sample of the goods in clean containers with stopper properly fixed o n them. '-

(2) 0 n rcce iving the S:H\1 ple s 0 f such gu ous, the Dist riet Foru m sha II seal.. it unci fix lubles on the contain-'[Sc,-Fryingf<'llowinginfQrmation:-

(i) narne and address of the appropriatelaboratory to whom sample will be sent for uuulysisanr] test; .,' ,.;

(iii) case number ".

(iv) seal of the District F(HUI1l.

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(3) The sample wi!l be ~cnt to the .avpr,)pri .te ~Jb~s~tory.:by the District Forum for sending repr rt within .1.5 d;lyS (If within such extended ti­ ture of the ~fefeci'anegt'd, ~ti19 date of sllbmis:si,o'!1"ofth~report. '. . ( . i '. :' :", ...,.' ....-.. ~ ; ..,.. . : t : .:' ~: • :,' :' \ t',. ",; . ~ :\, .. ;, CON D! rIONSOF THE PRESIDENT AND IY1EVIBERS OF THE ST'AT'E' Co'f\:1MfsSIONTSEC1IONi:6 (~)] .~.. . .

of'the H-.i.gbi ~o,~rt)r;a.ppojl1t.5~d, pll w~lyk-tj'n:~ basis Oft ,\ consolidated ive a consolidated honorarium .of 1~s,}OOO/.-,pe~,~)'10nq1 and if sitting - . . ..• . '.' . .. I .. '. .. ~. ..'". ,. ,,' .. " , I I ' , 24 EXTRAORDINARY' ISSUE OF TRIPURA GAZETTE 011 part time basis, a consoliduic d honorarium of Rs. 150/- per day for the sitting. "

(2) The President and the Members of the State Commission shall be eli­ gible for such travelling allowance on official tour as are admissible to Grade- I Officer of the State Government.

(3) The salary, honorarium, other allowances shall be defrayed out of the consolidated Fund of the State Government.

(4) President and the member of the State Commission shall hold office for a term of five years or upto the age of 65 years whichever is ear­ lier and shall not be eligible for renomination :- Provided that Pr~sident and member may :-

(a) By writing under his hand and addressed to the State Governme­ nt resign his office any time;

(b) be removed fromhis office in accordance with provisions of sub­ rule 5.

(5) The State Government may remove from office, President or a mem­ ber 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 J

(c) .has become physically or mentally incapable of acting as such member, or

(d) has acquired such financial. or other interest 8S is likely to affect prejudicially his functions as a member, or

(e) has so abused his positions to render his continuance in office prejudicial to the public in terest, Provided that the President or a member shall not be renmoved from his office on the ground specified in clauses (d) and (e) of sub-rule (5) except on an inquiry held by StateGovernment i t1 accordance with such procedure as it may specify in this behalf and finds the members to be guilty of such ground,

(6) Before appointment, President and a member of. the State Commissi­ on 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 prejudi­ cially his functions as such member.

(y) The terms and 'conditions 01 the service of . the President and the r,~ EXTRAORDINAR y' ISSUE OF TRIPU RA GAZETTE I mernbers of the State Co m.u issio n shall no t bc varied to their d isad­ (.yantJge during their tenure of office.

(8) ':-E~ery vacancy caused by resignation and removal of the President or any ether member of the State Commission under sub-rule (4) or otherwise shall be filled by fresh appo int me nt .

(9) \Vherc any such V<\C:II1CY occurs in the office of the President or 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 ~ person appointed to fill such vacancy assumes the office of the President of the Slate Commission.

(10) \Vhen the President of the Slate Commission is unable to discharge the functions ewing to absence, illness or any other cause, the seni- ... l. .

ormost ( in order to the.app.iintrnent ) member of the State Cornrni- ssion shall .dischage the functions of tbGPresidentunit the day on which the. President resumes the charge of his' functions. ~

(11) The President or any member, ceasing to hold office as such sh~ll not hold any appointment in or be connected with the management or administrations of an organisation which pave been the subject of any proceeding under the Act during his tenure for a period of5 years from the date on which he ceases to hold such office.

7. PLACE OF SITflNG AND OTHER MATTERS RELATING TO

(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 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 whennecessary, shall be con­ vened by .the Presiden 1.

(5) No act or 'proceedings of the State Commission 'shall be invalid by reasons only ·of th~ exlstance of' any-vacancy 'amongits members or anydefect in its constitution thereof," ' .

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(6) State Government shall appoint such st.iff, as may be necessary to as~sist the'St"ate Commission in its work and perform such other func­ tions as are provided under these rules or assigned to it by the,' ~ ~ esi­ dent.' The' salarypaya blc to such staff shall be dcfruyed ou t' of the Consolidated of the State. Government.- , , .'. • f

(7) Where the opposite party admits the allegation made by the complai- nant, the' 'State commission shall decided the complaint on the basis of the merit of the case and documents present before i( , , I I

(8) If duriugthc pr~c~edings.conducted under section 13, State commi- ssion 'fixes adate or hearing of the parties, it shall be .obligatory on the compI~inant an'd opposite party or hisauthorised agent tii appear , . before theState Co nimisslon such dateof hearlug or any other; date to which"hearingcbuldbe' adjour ned ~ Wherethe' co'mplaln'ant or his authorised agent faits to appear before the~Sthte'Colnmission on suchday.lthe StateCommission may in its 'discrbtio,n either dismiss the complaint for default 01' decide it on merit. '\Vhere the opposite party; or ,its 'autb'orised agent fails to appea r ont he day of hearing, the , .State Commission 'may: decide the coin plai rit 'expar te'.' :,'

(9) \Vhi le\ ,roccediilgs hn'd'e'~: sub-rule (8) the StaI~(Conih1T~s\j'on may, on suchterms asit n:ay:tr.ink fit and at any stngeacljo'tlrl1 'the hearing of., , .. ,,"'" t he' complain t but-not more th (\11 one :~ djournmen t sha 11 ord inarily be given and -the complaint should be decided within 90 days from the' dateof notice 'received by 'the opp» sitC ' pH 11)': ','\\here ccrnpla int >does' not' feel uire"an~lysis~or testing of the goods. i . I': . '

(10) Orders of the State Commission shall be signed and d.ited by the membersof theState Cornmissi on constiiuting th(tBc'nch :and shall be communicated to parties Lee of chugc.

8, PROCEDURE FOR HEARTNQ APPEAL (SECTION 15 ):

(1) Memorandum shall' prcsideutcd by the appealloritor his authorised agent tq the State Commission in person, or sent by' registered post addre~S~d to .tbe Commission. . .: .' " . '.' \Vritil1g,Pf,efer~~~,~y'i~~ped and, shall, set for~~l conslsery ~lI1d~r ,di~\!nct heads the grounds of appeal withot any argument or narrative and I, ~ I:.. i ~. ,. J ' " • , I .,' such ground shall be numbered consecutively.

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Ir -"~I Each me moruudum ~h~111 b"t;):lccompllllincd by the certified copy orlh~ order of the District Forum appealed uguinst 'and such of the docu­ ments as may be required tu support grouncls or objection rnc nt io ncd in the memorandum.

(4) \\ '"en the appeal is presented after the expiry of period of limit at inn as specified in the Act, memorandum shall be accompanied by all applicat io n sup po rtcd by an affidavit setting forth the fact on which appeallant relies t a satisfy the State Commission that he has sufficl­ ant cause for not prcfering the appeal within the period of limit aton.

(5) The appcallant sh~111 submit four copies of the mc mo randurn to the State Commission for official purpose.

(6) On the date of hearing or any other day to which hea ring, 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 datc,}he State Commission may, in its discret inn either dismiss the nppeul or decide it on the merit of the case. If respondent or his authorised agents Ldl to appear on such clate, the State Commission shall proceed exparte and shall decide the appeal ex-parte on merits or the case. '

(7) The appellant shall not, l xccpt by leave of the State Commission, urge or be heard in support \)1' any ground of objections not set forth in the memorandum but the State Commission, in deciding the appe­ al, shall not confine th the grounds of objection set forth in the me­ morandum or taken by leave of the State Commission under this rule: Provided that the Commission shall not rest its decision on ::ll,y other grounds unless the pa rrP who may be nflcc ted thereby, has been gi ven, at least one opportunity of being heard by the State Commission. (8') State Commission may, on such terms as it may think fitt arid at any stage, adjourn the hearing of appeal, but not more than one adjourn­ ment shall ordinarily be given and the appeal be decided within 90 ~ days frorn the first delle of hearing, 1, ( C)I 0 rder 0 t' the S tatc C,)[n 111 iss i0 11 0 11 ap pea I s11 a II be sig 11 Cdand dated by the: members of t h ~ Sldte: Cornmissio n consti tuting the Bench and By Order of the Governor,

D. RAY,

Commissioner & Secretary, Government of Tripura.

Published by the Directorate of Fuod & Civil Supilies, G .ivt , of Tripura. Spo nsor d by the Civil Supplies, Govt. of India.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Consumer Protection Act, 2019