Consumer Law

Consumer Protection (Administrative Control Over the State Commission and the District Forum) Regulations, 2018

Published vide Notification No. G.S.R. 335(E), dated 23.3.2018

G.S.R. 335(E). – In exercise of the powers conferred by section 30-A of the Consumer Protection Act, 1986 (68 of 1986), read with section 24-B, the National Consumer Disputes Redressal Commission with the previous approval of the Central Government, hereby makes the following regulations, namely:-

1. Short title and commencement. – (1) These regulations may be called the Consumer Protection (Administrative Control Over the State Commission and the District Forum) Regulations, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. – In these Regulations, unless the context otherwise requires, –

(i) “Act” means the Consumer Protection Act, 1986 (68 of 1986);

(ii) “Rules” mean the Consumer Protection Rules, 1987;

(iii) words and expressions used in these Regulations and not defined herein but defined either in the Act or in the Rules shall have the same meaning respectively assigned to them either in the Act or in the Rules, as the case may be.

3. Observance of work. – (1) The State Commission and the District Forum shall list sufficient matters on each working day, to ensure that the work does not finish before the close of the hearing hours as prescribed in Regulation 5 of the Consumer Protection Regulations, 2005.

4. Inspection of State Commission. – (1) The President or a Member of the National Commission duly authorised by him shall inspect each State Commission at least once in a calendar year and prepare a report of such inspection and submit the same to the National Commission within fifteen days of such inspection.
(2) On receipt of the inspection report, the President of the National Commission may issue such administrative directions to the State Commission, as may be deemed appropriate by him, to improve the functioning of the State Commission and to achieve the objects and purposes of the Act, without interfering with its quasi-judicial freedom.
(3) The State Commission shall expeditiously comply with the directions issued under sub-regulation (2).

5. Inspection of the District Forum. – (1) The President or a Member of the State Commission duly authorised by him shall inspect each District Forum under its administrative control, at least once in a calendar year and prepare a report of such an inspection and submit the same to the State Commission within fifteen days of such inspection.
(2) On receipt of the inspection report, the President of the State Commission may issue such administrative direction to the District Forum, as may be deemed appropriate by him to improve the functioning of the District Forum and to achieve the objects and purposes of the Act without interfering with its quasi-judicial freedom.
(3) The District Forum shall expeditiously comply with the directions issued under sub-regulation (2) .
(4) A copy of the directions issued by the President of the State Commission under sub-regulation (2) shall also be forwarded to the President of the National Commission.

6. Recommendation to State Government for Administrative Action. – (1) The President of the National Commission, may, on receipt of a complaint against the President or a Member of a State Commission, after making such inquiry, if any, as he may deem appropriate, recommend to the concerned State Government for taking suitable administrative action against such President or member, as the case may be.
(2) The President of a State Commission, may, on receipt of a complaint against the President or a Member of the District Forum, after making such inquiry, if any, as he may deem appropriate, recommend to the concerned State Government for taking suitable administrative action against such President or member, as the case may be, and a copy of such recommendation shall also be forwarded to the National Commission.

7. Admission of a Complain. – Within fourteen days of the registration of a complaint, it shall be heard by the State Commission or the District Forum, as the case may be, and within twenty-one days of such registration, shall either be admitted or rejected by such State Commission or District Forum and if the complaint cannot be admitted or rejected within twenty-one days of its registration, the State Commission or the District Forum, as the case may be, shall record reasons for such delay.

8. Uploading of order. – The State Commission and the District Forum shall upload final orders pronounced by them, on their respective websites, within seven days of the pronouncement of such order.

9. Uploading of pending matter. – The State Commission and the District Forum shall upload, on their respective websites by the 7th day of each month, the particulars of the pending matters, in which arguments have been heard, but the order has not been pronounced for more than forty-five days.

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