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Sunday, February 11, 2018

The Consumer Protection Rules, 1987

Copy of:
Consumer Protection Rules, 1987

The principal rules were published in the Gazette of India vide number GSR 398(E) dated 15th April, 1987 and subsequently amended vide; 1. GSR 533(E) dated 14.8.1991, 2. GSR 800(E) dated 30.12.1993, 3. GSR 522(E) dated 22.6.1994 , 4. GSR 605(E) dated 30.8.1995 , 5. GSR 759(E) dated 21.11.1995, 6. GSR 95(E) dated 27.2.1997, 7. 88(E) dated 24.2.1998, 8. 175(E) dated 5.3.2004, 9. GSR 50 (E) dated 1.2.2005, 10. GSR 64 (E) dated 10.2.2005, 11.GSR 67 (E) dated 11.2.2005, 12. GSR 273 (E) dated 5.5.2006, 13. GSR 462 (E) dated 4.8.2006 and 14. GSR 637(E) dated 13.10.2006.

THE CONSUMER PROTECTION RULES 1987
(Amended up to 13.10.2006)

In exercise of the powers conferred by sub-section (1) of section 30 of the Consumer Protection Act , 1986 (68 of l986), Central Government hereby makes the following rules, namely:

1. Short title, extent and commencement.--
  1. These rules may be called the Consumer Protection Rules,1987.
  2. They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.-ln these rules, unless the context otherwise requires--
  1. 'Act' means the Consumer Protection Act l986 (68 of 1986);
  2. 'agent' means a person duly authorised by a party to present any complaint, appeal or reply on its behalf before the National Commission;
  3. 'appellant' means a party which makes an appeal against the order of the State Commission;
  4. 'chairman' means a chairman of the Central Consumer Protection Council established under sub-section (1 ) of the section 4 of the Act;
  5. 'memorandum' means any memorandum of appeal filed by the appellant;
  6. 'opposite party' means a person who answers complaint or claim;
  7. 'president' means the President of the National Commission;
  8. 'respondent' means the person who answers any memorandum of appeal;
  9. 'section' means section of the Act;
  10. 'state' includes Union territories also;
  11. 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.
2A. State Governments to recognise a laboratory as an appropriate Iaboratory.-
  1. For the purpose of obtaining recognition as an appropriate laboratory, the applicant shall send application, in triplicate, in the proforma 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 Working Groups -
  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 members, not exceeding 35, namely:—
    1. the Minister in-charge of Consumer Affairs in the Central Government who shall be the Chairman of the Central Council;
    2. 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 the Vice-Chairman of the Central Council;
    3. the Minister in-charge of Consumer Affairs of two of the States from each region as mentioned in Schedule I to be changed by rotation on expiration of the term of the Council on each occasion;
      (ca) an administrator (whether designated as administrator or Lieutenant Governor), of a Union Territory, to represent a Union Territory, as mentioned in Schedule II, to be changed by rotation on expiration of the term of the Council on each occasion;
    4. two Members of Parliament—one from the Lok Sabha and one from the Rajya Sabha;
    5. deleted;
    6. representatives of the Central Government Departments and autonomous organisations concerned with consumer interests—not exceeding five;
      (fa) The Registrar, National Consumer Disputes Redressal Commission, New Delhi
    7. representatives of consumer organisations from amongst the Indian members of the International Organization, namely, Consumer International – not exceeding six, to be nominated by the Central Government;
      (ga) representatives with proven expertise and experience who are capable of representing consumer interests, drawn from amongst consumer organisations, consumer activists, women, farmers, trade and industry – not exceeding five, one from each of the regions specified in schedule annexed to these rules;
    8. deleted;
    9. deleted;
    10. the Secretaries in-charge of Consumer Affairs in the States to be nominated by the Central Government – not exceeding three;
    11. the Secretary in-charge of Consumer Affairs in the Central Government 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. deleted.
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 proceedings 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 findings of such working groups shall be placed before the Central Council for its consideration.
  6. In connection with the journey undertaken to and fro by the non-official members for attending the meeting of the Central Consumer Protection Council or its working group, they shall be entitled to avail first class or two-tier air- conditioned class of railway accommodation by all trains (including Rajdhani Express) and claim such fare or cost of actual mode of travel, whichever is less. The non-official members from Island territories shall be entitled to, to and fro air journey (economy class) in domestic airlines from the Islands to the nearest main-land airport and thereafter rail fare by entitled class. The non-official members who are senior citizens shall be entitled to, to and fro air-journey (economy class) in domestic airlines on availing senior citizen concessional air fare for their journeys provided the distance being travelled is 1000 kms or above. The non-official members shall be entitled to a sum of Rs.1000 per each day of the meeting as incidental charges to cover the expenditure towards their daily allowance, lodging, local conveyance from residence to the station/airport and from station/airport to the venue of meeting and vice-versa. Every claim made under this sub-rule shall be subject to certifying that the member will not claim any benefit from any other Central Government Ministry, Department or Organization during his visit for attending the meeting of the Central Consumer Protection Council or any of its Working Group. Local non-official members residing at the place of the venue of the meeting, shall be paid consolidated conveyance and hire charges to the tune of Rs. 200 per diem irrespective of the classification of the city. Members of Parliament attending meetings of the Council or its Working Group shall be entitled to travelling 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.
Cntd.Page.2
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