Consumer Protection Regulations

CONSUMER PROTECTION Regulations 2005

CWA has reproduced below for the benefit of Consumers some important useful and relevant extracts from the Consumer Protection Regulations 2005 which will inform and guide consumers in the requirements and procedures applicable for filing complaints on their own and up to the time the complaint/appeal/revision petition/execution application is disposed of and decided by a judgment and order of the Consumer Fora Under Regulation 16, CWA is authorized to file complaint on behalf of a consumer or along with a consumer who will give CWA a Special Power of Attorney to appear argue and act through their Office-bearers, advocates, counsels. CWA has filed several hundred complaints which have been decided in the Forums, State Commission, Maharashtra and National Commission N.Delhi

Regulation


(1) These regulations may be called the Consumer Protection Regulations, 2005. (2) They shall come into force on the date of their publication in the Official Gazette.

(1) Where a complaint is filed in District Forum or State Commission it shall be filed in three sets and where it is filed in the National Commission it shall be filed in four sets with additional sets equal to the number of opposite party(ies)/respondent(s). (2) Every complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to prove the claim made in the complaint.

(1) A complaint shall hereinafter be referred to as Consumer Complaint (C.C.) instead of O.P., e.g., C.C. No.2 of 2005. (2) An appeal shall be referred to as F.A., Revision Petition as R.P., Execution .Application as E.A, Transfer Application T.A. and Review as RA containing the number and the year of filing.

(1) Every complaint, appeal, or revision petition shall after it is filed be numbered by the Registrar. (2) If there is any defect in the filing of the complaint, appeal or revision petition, the particulars of such defects shall be recorded and the party or his agents shall be informed of the defects asking them for removing the defects within 15 days. (3) In case the party disputes in the correctness of the defects pointed out the matter shall be placed before the Consumer Forum for appropriate orders. (4) After the expiry of the time given, the matter shall, irrespective of the fact as to whether the defects have been removed or not, be placed before the Consumer Forum for appropriate orders. (5) If the objections raised by the Registrar are substantial and are not removed within the time allowed for the purpose, those days shall not be excluded for counting the period of limitation. (6) As required by the second proviso to sub-section (3) of section 12, the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received. (7) In case any defect is pointed out by the Registrar, twenty-one days from the date on which such defect was removed shall be reckoned for the purpose of sub-regulation (5). (8) All pending complaints, appeals and revision petitions which have not come up for admission till the date of commencement of these regulations and are pending for admission for more than 21 days shall be listed immediately by the Consumer Forum for admission and not later than 21 days from the date of commencement of these regulations.

(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;

(1) Whenever the Consumer Forum directs the issuance of a notice in respect of a complaint, appeal or revision petition, as the case may be, to the opposite party(ies)/respondent(s), ordinarily such notice shall be issued for a period of 30 days and depending upon the circumstances of each case even for less than 30 days. (2) When there is a question of raising presumption of service, 30 days notice shall be required. (3) Whenever notices are sought to be effected by a courier service, it shall be ascertained that the courier is of repute. (4) While appointing the courier for the purpose of effecting service, security deposit may also be taken. (5) Along with the notice, copies of the complaint, memorandum of grounds of appeal, petitions as the case may be and other documents filed shall be served upon the opposite party(ies )/respondent( s). (6) After the opposite party or respondent has put in appearance, no application or document shall be received by the Registrar unless it bears an endorsement that a copy thereof has been served upon the other side.

(1) Every proceeding before a Consumer Forum shall be conducted as expeditiously as possible and as per the requirements of the Act. (2) The Consumer Forum shall record the reasons for any adjournment made by it. (3) The cost of adjournment, if asked by the opposite party or parties, shall not be less than five hundred rupees per adjournment and could be more depending upon the value and nature of the complaint as may be decided by the Consumer Forum. (4). The complainant, appellant or petitioner, as the case may be, may also be burdened with cost unless sufficient cause is shown for seeking adjournment: Provided that in the circumstances of a particular case, the amount of cost imposed may be less than five hundred rupees but in no case less than one hundred rupees. (5) The cost imposed may be given to the other party or parties to defray his or their expenses or be deposited in the Consumer Legal Aid Account to be maintained by the respective Consumer Forum, as the Consumer Forum may order. (6) If any adjournment is granted without awarding cost, the order sheet shall mention the reasons thereof. (7) All orders adjourning the matter shall be signed by the President and members constituting the Bench and not by the Court Master or Bench Clerk. (8) Non-availability of a lawyer who is representing the party shall not be a ground for seeking adjournment of the matter unless absence is beyond the control of the lawyer such as his sudden illness or bereavement in the family.

(1) Arguments should be as brief as possible and to the point at issue. (2) Where a party is represented by a counsel, it shall be mandatory to file a brief of written arguments two days before the matter is fixed for arguments. (3) In case of default to file briefs, the cost shall be imposed at the same rates as laid down for grant of adjournments.

(1) Subject to the provisions of sections 15, 19 and 24A, the period of limitation in the following matters shall be as follows:- (i) Revision Petition shall be filed within 90 days from the date of the order or the date of receipt of the order as the case may be; (ii) Application for setting aside the ex-parte order under section 22A or dismissal of the complaint in default shall be maintainable if filed within thirty days from the date of the order or date of receipt of the order, as the case may be; (iii) An application for review under sub-section (2) of section 22 shall be filed to the National Commission within 30 days from the date of the order or receipt of the order, as the case may be; (iv) The period of limitation for filing any application for which no period of limitation has been specified in the Act, the rules of these regulations shall be thirty days from the date of the cause of action or the date of knowledge. (2) Subject to the provisions of the Act, the Consumer Forum may condone the delay in filing an application or a petition referred to in sub-regulation (1) if valid and sufficient reasons to its satisfaction are given.

(1) Recognised Consumer Organisations have a right of audience before the Consumer Forum (2) An authorisation of a Voluntary Consumer Organisation may be by way of special power of attorney executed on a non-judicial paper or even on plain paper duly attested by a Gazetted Officer or a Notary Public. (3) The Power of Attorney holder shall be entitled to engage a counsel, if authorised to do so. (4) A Voluntary Consumer Organisation can engage a counsel or an advocate of its choice or it can itself represent through one of its office bearers as per the rules governing it. (5) In case of a complaint where the Voluntary Consumer Organisation is a complainant along with the consumer himself and the dispute affects the complainant individually, he can withdraw the complaint: Provided that if the issue involves unfair trade practice or restrictive trade practice a Voluntary Consumer Organisation may continue to proceed with the complaint even if the complainant wishes to withdraw the same.

Any ex-parte interim order issued by the Consumer Forum shall stand vacated after 45 days if in the meanwhile the objections to the interim order are not heard and disposed of.

(5) The order of a Consumer Forum disposing of a matter shall be as short and precise as practicable and unnecessary long quotations from the judgments of the higher courts or otherwise shall be avoided. (6) When a copy of the order is sent to a party, the mode by which it is sent and the date on which it is sent shall be stamped on the last page of the order. (7) The Consumer Forum shall pass final order invariably within fifteen days of the conclusion of the arguments.

Where a party appears in person and is illiterate, the Court Master or Bench Clerk shall give to that party the next date of hearing in writing.

(1) In all proceedings before the Consumer Forum, endeavour shall be made by the parties and their counsel to avoid the use of provisions of Code of Civil Procedure, 1908 (5 of 1908): Provided that the provisions of the Code of Civil Procedure, 1908 may be applied which have been referred to in the Act or in the rules made thereunder.