1.19

Karnataka Consumer
Protection Rules, 1988

GSR 256, dated 4-11-1988

In exercise of the powers conferred by sub-section (2) of section 30 of the Consumer Protection Act, 1986 (Central Act 68 of 1986), the Government of Karnataka hereby makes the following rules, namely:—

Short title and commencement.

1.    (1) These Rules may be called the Karnataka Consumer Protec­tion Rules,
        1988.

(2) They shall come into force on the date of their publication in the Official Gazette.

Definitions.

2.  In these rules, unless the context otherwise requires,—

   (a)   ‘Act’ means the Consumer Protection Act, 1986 (Central Act 68 of 1986).

   (b)   ‘Section’ means section of the Act.

Salaries and other allowances and terms and Conditions of the Service of the President and Members of the District Forum.

3.    (1) The President of the District Forum shall receive the salary of a District
        Judge if appointed on whole time basis or honorarium of rupees Two hundred per day, if appointed on part time basis. Other members, if appointed on whole time basis, shall receive a consolidated honorarium of rupees three thousand per month and if appointed on part time basis, shall receive a consolidated honorarium of rupees one hundred and fifty per day of sitting.

(2) The President and the members of the District Forum shall be entitled for such travelling allowance and daily allowance on official tour as are admissible to the officer of Category I of the State Government.

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

(4) Before appointment, the President and the members of the District Forum shall give an undertaking in writing that they do not and will not have any financial dealings or other interest which is likely to affect prejudicially their functions as such President or member, as the case may be.

 

 

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(5) The State Government may remove from office the President or member of a District Forum, if he:—

   (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

   (c)   has become physically or mentally incapable of acting as such President or member; or

   (d)   has acquired such financial or other interest as it likely to affect prejudicially his functions as such President or member; or

   (e)   has so abused his position as to render his continuance in office prejudicial to the public interest.

    (f)   absents for three consecutive sittings without obtain­ing permission of the President, in the case of member and the State Government in the case of President:

Provided that no order of removal from office of the President or member on the ground specified in clauses (d) and (e) shall be made unless the President or the member, as the case may be, have been given an opportunity of being heard.

(5A) The President, in the case of member and the State Govern­ment in the case of the President, may sanction leave :

Provided that a District Judge appointed as President on deputa­tion shall be covered by the leave rules applicable to him :

Provided further that a retired District Judge appointed as President shall avail leave in accordance with the provisions of Karnataka Civil Services Rules :

Provided also that a member shall be entitled for leave not exceeding fifteen days in a calendar year with honorarium but such leave with or without honorarium shall not exceed five days at a time excluding general holidays.

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

(7) and (8) Omitted as per the Government Notification No. FCS 151 SLF 97 dated 11-4-1998.

(9) The President or any member after ceasing to hold office, shall not hold any appointment in or be connected with the man­agement or administration of an organisation which had been subjected to any proceeding under the Act during his tenure, for a period of five years from the date on which he ceases to hold such office.

Place of sitting and procedure as to conduct of meeting etc., of District Forum.

4.    (1) The Office of the District Forum shall be located at the headquarters of
        the District. Where State Government decides to establish a Single District Forum having jurisdiction over more than one District, it shall notify the place and jurisdiction of the District Forum so established.

 

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

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

(4) The District Forum shall hold sittings as fixed by the Presi­dent of State Commission from time to time.

(5) No act or proceedings of the District Forum shall be invalid by reason only of the existence of any vacancy in the office of members or any defect in its constitution.

(6) The State Government shall appoint such staff as may be necessary to assist the District Forum in its day to day work and to perform such other functions as are provided under the Act or the rules framed thereunder, or assigned to them by the Presi­dent. The salary payable to the staff shall be defrayed out of the Consolidated Fund of the State.

(7) In case where the opposite party admits the allegations made by the complainant, the District Forum shall decide such com­plaint on merits and on the basis of documents produced.

(8) If during the proceedings conducted under section 13, the District Forum fixes a date for hearing of the parties, it shall be obligatory on the part of the complainant and the opposite party or their authorised agent to appear before the District Forum on such date of hearing or any other date to which hearing would be adjourned. Where the complainant or his authorised agent fails to appear before the date specified above, 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 appear on the date of hearing, the District Forum may decide the complaint ex-parte.

(9) While proceeding under sub-rule (8), the District Forum may, at any time and on such terms as it may think fit, adjourn the hearing  of the complaint but not more than one adjournment shall ordinarily be granted. The complaint shall be decided as for as possible within ninety days from the date of notice received by the opposite party where complaint does not require analysis or testing of the goods and within one hundred and fifty days if it requires analysis of testing of the goods.

(10) Order of the District Forum shall be signed and dated by the President and members of the District Forum and shall be communi­cated to the parties.

Manner of authentication of samples.

5.    (1) The samples of the goods received under clause (c) of sub-section (1) of
        section 13, shall be affixed with lables contain­ing:

    (i)   the name and address of the appropriate laboratory to whom the sample will be sent for analysis and test;

   (ii)   the name and address of the District Forum; and

(2) The sample shall be authenticated by putting on the label the seal of the District Forum with signature of an officer autho­rised by the District Forum in this behalf.

 

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Salary and other allowances, and terms and conditions of service of the President and members of the State Commission.

6.    (1) The President of the State Commission if appointed on whole time basis,
        shall receive the salary, allowances and other perquisites as are available to a sitting Judge of the High Court or a consolidated honorarium of rupees two hundred and fifty per day of the sitting if appointed on part time basis. Other members appointed on the whole time basis shall receive a consolidated honorarium of rupees five thousand per month and if appointed on part time basis a consolidated honorarium of rupees two hundred per day of sitting.

(2) The President and the members of the State Commission shall be eligible for such travelling allowance and daily allowance on official tour as are admissible to the Category I Officers of the State Government.

(3) The Salary, honorarium and other allowances shall be defrayed out of the consolidated fund of the State.

(4) Deleted as per Government Notification No. FCS 76 SLF 93 dated 8-6-1994.

(5) The President or member of the State Commission may :

   (a)   by writing under his hand and addressed to the State Government resign his office at any time; or

   (b)   be removed from office in accordance with the provi­sions of sub-rule (6).

(6) The State Government may remove from office the President or a member 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

   (c)   has become physically or mentally incapable of acting as such President or Member, or

   (d)   has acquired such financial or other interest as is likely to affect prejudicially his functions as such President or member; or

   (e)   has so abused his position as to render his continuance in office prejudicial to the public interest:

Provided that no order of removal from office of the President or a member on the ground specified in clauses (d) and (e) of the sub-rule shall be made unless the President or member as the case may be has been given an opportunity of being heard.

(7) Before appointment, President and the members of the State Commission shall have to give an undertaking that they do not and will not have any such financial or other interests as is likely to affect prejudicially their functions as such president or member as the case may be.

(8) The terms and conditions of service of the President and the members of the State Commission shall not be varied to their disadvantage during their tenure of office.

 

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(9) Every Vacancy caused by resignation, removal or otherwise of the President or any other member of the State Commission shall be filled by fresh appointment.

(10) and (11) Deleted as per the Government Notification No. FCS 151 SLF 99 dated 11-4-1998.

(12) The President or any member ceasing to hold office shall not hold any appointment in, or be connected with the management or administrations of, any organisation which has been subjected to any proceeding under the Act during his tenure, for a period of five years from the date on which the ceases to hold such office.

Appeal.

7.    (1) Every appeal preferred under the section 15 shall be in the form of a
        memorandum and be presented by the appellant or his authorised agent to the State Commission in person or be sent by registered post addressed to the Commission.

(2) Every memorandum filed under sub-rule (1) shall set forth concisely under distinct heads, the grounds of appeal and shall be numbered consecutively.

(3) Each memorandum shall be accompanied by a certified copy of the order of the District Forum appealed against and such of the documents as may be required to support the grounds urged in the memorandum.

(4) When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application  supported by an affidavit setting forth the facts on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation.

(5) The appellant shall submit four copies of the memorandum to the State Commission for official purposes.

(6) On the date of hearing or any other subsequent date to which hearing may be adjourned, it shall be obligatory for the appel­lant or their authorised agent to appear before the State Commis­sion. If the appellant or his authorised agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or proceed to dispose it on  the merits of the case. If the respondent or his authorised agent fails to appear on such date, the State Commission shall proceed and shall decide the appeal ex parte on merits of the case.

(7) The appellant shall not, except by leave of the State Commis­sion, urge to be heard in support of any ground of objections not set forth in the memorandum but the State Commission, in deciding the appeal, shall not confine to the grounds of objections set forth in the memorandum or taken by leave of the State Commission under this rule :

Provided that the State Commission shall not rest its decision on any other grounds unless the party who may be affected thereby has been given at least an opportunity of being heard by the State Commission.

(8) State Commission may, on such terms as it may think fit and at any stage adjourn   the  hearing  of  appeal,  but  not  more  than   one   adjournment  shall

 

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ordinarily be given and the appeal shall be decided within ninety days of the first date of hearing.

(9) The order of the State Commission on appeal shall be signed and dated by the members of the State Commission constituting  the Bench and shall be communicated to the parties free of charge.