Consumer Protection (Consumer Disputes Redressal Commission) Rules 2020 : ‘Act’ means the Consumer Protection Act 2019
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(DEPARTMENT OF CONSUMER AFFAIRS)
NOTIFICATION
New Delhi, the 15 July, 2020
G.S.R. 448(E).— In exercise of the powers conferred by sub-section (1) and clauses (a), (p), (q), (s), (u), (v), (y), (z), (zd), (ze), and (zj) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019) and in supersession of the Consumer Protection Rules, 1987 in so far as they relate to matters covered under these rules, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.—
- (1) These rules may be called the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020.
- (2) They shall come into force on the 20th day of July,2020.
2. Definitions. —(1) ln these rules, unless the context otherwise requires,—
- (a) ‘Act’ means the Consumer Protection Act 2019 (35 of 2019);
- (b) ‘appellant’ means a person who makes an appeal against the order of the National Commission, the State Commission or the District Commission, as the case may be;
- (c) ‘authorised agent’ means a person duly authorised by a party to present any complaint, appeal or reply on behalf of such party before the National Commission, the State Commission, or the District Commission, as the case may be;
- (d) ‘Commission’ means the District Commission, the State Commission, or the National Commission, as the case may be;
- (e) ‘Consumer Welfare Fund’ means the Consumer Welfare Fund established by a State Government or, as the case may be, by the Central Government under section 57 of the Central Goods and Services Tax Act, 2017 (12 of 2017) ;
- (f) ‘memorandum’ means any memorandum of appeal filed by the appellant;
- (g) ‘nationalised bank’ means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);
- (h) ‘opposite party’ means a person who answers a complaint under the Act;
- (i) ‘President’ means the President of the National Commission, the State Commission or the District Commission, as the case may be;
- (j) ‘respondent’ means the person who answers any memorandum of appeal;
- (k) “section” means a section of the Act;
- (l) ‘State’ includes a Union territory;
(2) The words and expressions used herein, but not defined and defined in the Act shall have the meaning assigned to them in the Act.
3. Working days and office hours of National Commission. — The working days and office hours of the National Commission shall be the same as that of the Central Government.
4. Seal and emblem. — The official seal and emblem of the National Commission shall be such as the Central Government may specify.
5. Sitting of National Commission. — The President of the National Commission shall convene sittings of the National Commission as and when it may be necessary, and such sittings shall be notified by the National Commission.
6. Manner of authentication of goods by National Commission for analysis and testing.-(1)The National Commission may direct the complainant to provide one or more than one sample of the goods in clean containers with stopper properly fixed on them for the purposes of testing or analysis.
(2) On receiving the samples of such goods, the National Commission shall seal it and fix labels on the containers carrying the following information, namely:-
(a) the name and address of the appropriate laboratory to whom sample shall be sent for analysis and test;
(b) the name and address of the National Commission;
(c) the case number; and
(d) the official seal of the National Commission.
(3) The sealed sample shall be sent to the recognised laboratory by the National Commission.
(4) The recognized laboratory shall, after receiving sealed sample and examining it, shall forward its report to the National Commission within forty-five days or within such extended time as may be granted by the National Commission, specifying the nature of the defect and date of submission of report.
7. Fee for making complaints. – (1) Every complaint filed under sub-section (1) of section 35 or under sub-clauses (i) and (ii) of clause (a) of sub-section (1) of section 47 or under sub-clauses (i) and (ii) of clause (a) of sub-section (1) of section 58 shall be accompanied by a fee, as specified in the table given below, in the form of crossed Demand Draft drawn on a nationalised bank or through a crossed Indian Postal Order in favour of the President of the District Commission or the Registrar of the State Commission or the Registrar of the National Commission, as the case may be, and payable at the respective place where the District Commission, State Commission or the National Commission is situated, or through electronic mode as per arrangement made by the Commission concerned.
(2) The District Commission or the State Commission, as the case may be, shall credit the amount of fee received by it under sub-rule (1) to the Consumer Welfare Fund of the State and where such Consumer Welfare Fund is not established, into the appropriate account of the State Government, and the National Commission shall credit such amount of fee received by it to the Consumer Welfare Fund of the Central Government.
Table
|
Sl.
No.
|
Value
of goods or services paid as consideration
|
Amount
of fee payable
|
|
(1)
|
(2)
|
(3)
|
|
|
District
Commission
|
|
|
(1)
|
Upto rupees five lakh
|
Nil
|
|
(2)
|
Above rupees five lakh and upto rupees ten lakhs
|
Rs.200
|
|
(3)
|
Above rupees ten lakh and upto rupees twenty lakhs
|
Rs 400
|
|
(4)
|
Above rupees twenty lakh and upto rupees fifty lakh rupees
|
Rs.1000
|
|
(5)
|
Above rupees fifty lakh and upto rupees one crore
|
Rs.2000
|
|
|
State Commission
|
|
|
(6)
|
Above rupees one crore and upto rupees two crore
|
Rs.2500
|
|
(7)
|
Above rupees two crore and upto rupees four crore
|
Rs.3000
|
|
(8)
|
Above rupees four crore and upto rupees six crore
|
Rs.4000
|
|
(9)
|
Above rupees six crore and upto rupees eight crore
|
Rs.5000
|
|
(10)
|
Above rupees eight crore and upto rupees ten crore
|
Rs.6000
|
|
|
National
Commission
|
|
|
(11)
|
Above rupees ten crore
|
Rs.7500
|
8. Manner of filing complaints electronically. —The electronic filing of complaints in National Commission, State Commission and District Commission shall be effective from such date and for such category of cases as may be notified by the President of the National Commission from time to time.
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