APSCDRC

Andhra Pradesh state consumer protection rules, 1987 1 Notification No. G.O. Ms. No. 473, Food and Agriculture (CS-III), 2-9-1987 In exercise of the powers conferred by sub-section (2) of Section 30 of the Consumer Protection Act, 1986 (68 of 1986), State Government hereby makes the following Rules, namely,— Short title and commencement. 1. (1) These rules may be called the Andhra Pradesh State Consumer Protection Rules, 1987. (2) They shall come into force on such date as the State Government may by notification in the Official Gazette, appoint. Definitions. 2. In these rules, unless the context otherwise requires,— (a) "Act" means the Consumer Protection Act, 1986 (68 of 1986); (b) Agent" means a person duly authorised by a party to present any complaint or appeal or reply on its behalf before the State Commission or the District Forum; (c) "appellant" means a party which makes an appeal against the order of the District Forum; (d) "memorandum" means memorandum of appeal filed by the appellant; (e) "opposite party" means a person who answers complaint or claim; (f) "President" means the President of the State Commission or District Forum as the case may be; (g) "respondent" means the person who answers any memorandum of appeal; (h) "State" includes Union Territories. (i) ***

1. Pub. in A.P. Gaz. R.S. to Pt. II (Ext.) No. 50, dated 28-9-1987.

2. Added by G.O. Ms. No. 673, dated 11-8-1989.

1.77

Andhra Pradesh State Consumer Protection Rules, 1987

1.78

nominated by the State Government from among the following categories of persons namely,— (a) the Minister-in-charge of Department of Civil Supplies who shall be the Chairman of the State Council. (b) the Ex-Officio Secretary to Government, Food and Agriculture (Civil Supplies) shall be the Vice-Chairman of the State Council;

(c) one Legislator from each political party;

(d) representatives of the State Government Departments concerned with consumer interest;

(e) representatives of the consumer organisations of consumers; (f) representatives of women; (g) representatives of farmers, trade and industries; (h) persons capable of representing consumer interests not specified above; and (i) the Ex-Officio Joint Secretary, Food and Agriculture (Civil Supplies) Department shall be the Member-Secretary of the State Council. (2) The term of the Council shall be three years from the date of its constitution.

(3) Any member may, by writing under his hand to the Chairman of the State Council resign from the Council. The vacancies as so caused or caused otherwise shall be filled from the same category by the State 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 has not occurred.

Procedure of the State Council

2B. The State Council shall observe the following procedure in regard to the
transaction of its business:— (1) The State Council shall meet at least once in every three months. (2) The meeting of the State Council shall be presided over by the Chairman. In the absence of the Chairman, the Vice-Chairman shall preside over the meeting of the State Council. In the absence of the Chairman and the Vice-Chairman the State Council shall elect a member to preside over the meeting of the Council. (3) Each meeting of the State Council shall be called by giving not less than ten days time from the date of issue of notice in writing to every member. (4) Every notice of a meeting of the State Council shall specify the place and the day and hour of the meeting and shall contain statement of business to be transacted thereat. (5) No proceedings of the State Council shall be invalid merely by reasons of existence of any vacancy in or any defect in the constitution of the Council.

(6) For the purpose of performing its functions under the Act, State Council may deem necessary and every working group so constituted shall perform such functions as are assigned to it by the State Council for its consideration.

1.79

Andhra Pradesh State Consumer Protection Rules, 1987

R. 3

(7) The non-official members shall be entitled to draw travelling allowance and dearness allowance as per orders issued in G.O. Ms. No. 196, Finance and Planning (Fin. Wing-T.A.). Department dated 19-7-1988 read with G.O. Ms. No. 115, Finance and Planning (Fin. Wing-T.A.) Department dated 16th April, 1979 and G.O. Ms. Nos. 125 and 132, Finance and Planning (Fin. Wing-T.A.) Department dated 13-4-1982 and 16-4-1982 respectively.

(8) the resolutions passed by the State Council shall be recommendatory in nature.]

1. G.O. Ms No. No. 215, Food and Civil Supplies (CS-III Department), dated 19-7-1993 R.S. to Part II (Ext.) A.P. Gazette, Dated 31-7-1993.

2. Substituted by G.O. Ms. No. 26 dt. 17-4-50px0.

R. 4

Andhra Pradesh State Consumer Protection Rules, 1987

1.80

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

1[(f) has absented himself from three consecutive sit­tings of the District Forum without reasonable cause]:

Provided that the President or member shall not be removed from his office on the ground specified in Clauses (d) and (e) of sub-rule (5) except on an enquiry held by State Government in accordance with the procedure as it may specify in this behalf and finds the member to be guiltily of such ground.

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

2[(7) Where any vacancy occurs in the office of the President of the District Forum, the Additional District Judge in District and Additional Chief Judge, City Civil Court in Hyderabad shall discharge the functions of the President until new incumbent assumes the office of the President of the District Forum. (8) When the President of the District Forum is unable to dis­charge the functions owing to absence, vacation, illness or any other cause the Additional District Judge in District and Addi­tional Chief Judge in the City Civil Court in Hyderabad shall discharge the functions of the President until the new incumbent assumes the office of the President of the District Forum.]

(9) The President or members ceasing to hold office as such shall not hold any appointment in or be connected with the management of administration or an organisation which have been the subject of any proceeding under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.

4. (1) The Office of the District Forum shall be located at the head-quarters
of the District, 3[or at such place as may be notified by the State Government]. Where the 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. (2) The working days and the office hours of the District Forum shall be the same as that of the State Government. (3) The official seal and emblem of the District Forum shall be such as the State Government may specify. (4) Sitting of the District Forum, as and when necessary, shall be convened by the President.

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

1. Inserted by G.O. Ms. No. 236, F & A (C.S. III), dt, 30-3-1990, R.S. to Pt. II (Ext.) Pub. in Andhra Pradesh Gaz., dt. 3-4-1990. 2. Sub-rules (7) and (8) substituted by G.O. Ms. No. 794, F & A, dt. 12-10-1988.

3. Added by G.O. Ms. No. 794, F & A. dt. 12-10-1988.

Andhra Pradesh State Consumer Protection Rules, 1987

(6) State Government shall appoint such staff, as may be neces­sary to assist the District Forum in its day to day work and perform such other functions as are provided under these rules, or assigned to it by the President. The salary payable to such staff shall be defrayed out of the Consolidated fund of the State Government. (7) Where the opposite party admits allegations made by the complainant the District forum shall decide the complaint on the basis of the merits of the case and documents present before it. (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 complainant and opposite party or its autho­rised agent to appear before the District Forum on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his authorised agent fails to appear before the District Forum on such day, 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 day of hearing, the District Forum may decide the complaint ex-parte. (9) While proceeding under sub-rule (8), the District Forum may, on such terms as it may think fit and at any stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint should be decided within 90 days from the date of notice received by the opposite party where complaint does not require analysis or testing of the goods and within 150 days if it requires analysis of testing of the goods.

(10) Orders of the District Forum shall be signed and dated by the members of the District Forum constituting the Bench and shall be communicated to the parties free of charge.

Procedure to be adopted by the District Forum for analysis and testing of the goods.

5. Under section 13(1)(c), if considered necessary, the District Forum may
direct the complainant to provide more than one sample of the goods in clean containers with stopper properly fixed on them. (2) On receiving the samples of such goods, the District Forum shall seal it and fix labels on the containers carrying following information:— (i) name and address of the appropriate laboratory to whom sample will be sent for analysis and test; (ii) name and address of the District Forum; (iii) case number; (iv) seal of the District Forum,

(3) The sample will be sent to the appropriate laboratory by the District Forum for sending report within 45 days or within such extended time as may be granted by the District Forum after specifying the nature of the defect alleged and date of submis­sion of the report.

R. 6

Andhra Pradesh State Consumer Protection Rules, 1987

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

6. (1) President of the State Commission shall receive the salary of the Judge of the High Court if appointed on whole-time basis or a consolidated honorarium of Rs. 50px per day for the sitting if appointed on part-time basis. Other members, if sitting on whole-time basis, shall receive a consolidated honorarium of 1[Rs. 5,000] per month. 2[***]. (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 grade-I officer of the State Government. (3) The salary, honorarium, other allowances shall be defrayed out of the Consolidated Fund of the State Government.

(4) President and the member of the State Commission shall hold office for a term of five years, or upto the age of 3[68] years whichever is earlier and shall not be eligible for renomination :

Provided that President and members may,— (a) by writing under his hand and addressed to the State Government resign his office any time. (b) be removed from his office in accordance with provi­sions of sub-rule (5). (5) The State Government may remove from office, 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 member, or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or

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

(6) Before appointment, President and a member of the State Commission shall have to take an undertaking that he does not and will not have any such financial or other interests as it likely to affect prejudicially his functions as such member.

1. Substituted for the words "Rs. 3,000" by G.O. Ms. No. 478 dt. 22-8-1997. 2. The words "and if sitting on part time basis, a consol­idated honorarium of Rs. 150 per day for the sitting" omitted, ibid.

3. Substituted for the figures "65" by G.O. Ms. No. 893, Food and Agriculture, dt. 3-10-1989.

Andhra Pradesh State Consumer Protection Rules, 1987

(7) The terms and conditions of the service of the President and the members of the State Commission shall not be varied to their disadvantage during their tenure of office. (8) Every vacancy caused by resignation and removal of the Presi­dent or any other member of the State Commission under sub-rule (4) or otherwise shall be filled by fresh appointment. (9) Where any such vacancy occurs in the office of the President of the State Commission, the senior most (in order of appoint­ment) member, holding office for the time being, shall discharge the functions of the President until a person appointed to fill such vacancy assumes the office of the President of the State Commission. (10) When the President of the State Commission is unable to discharge the functions owing to absence, illness or any other cause, the senior most (in order of the appointment) member of the State Commission shall discharge the functions of the Presi­dent until the day on which the President resumes the charge of his functions.

(11) The President or any member ceasing to hold office as such shall not hold any appointment in or be connected with the man­agement or administrations of an organisation which have been the subject of any proceeding under the Act during his tenure for a period of 5 years from the date on which he cases to hold such office.

(8) If during the proceedings conducted under section 13, the State Commission fixes a date for hearing of the parties, it shall be obligatory on the complainant and opposite party or his authorised agent to appear before the

R. 8

Andhra Pradesh State Consumer Protection Rules, 1987

1.84

State Commission on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his authorised agent fails to appear before the State Commission on such day, the State Commis­sion 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 day of hearing, the State Commission may decide the complaint ex parte. (9) While proceedings under sub-rule (8) the State Commission may on such terms as it may think fit and at any stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint should be decide within 90 days from the date of notice received by the opposite party where complaint does not require analysis or testing of the goods and within 150 days if it requires analysis or testing of the goods.

(10) Orders of the State Commission shall be signed and dated by the members of the State Commission constituting the Bench and shall be communicated to the parties free or charge.

Procedure for hearing appeal.

8. (1) Memorandum shall be presented by the appellant or his authorised
agent to the State Commission in person or sent by registered post addressed to the Commission. (2) Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably types and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such ground shall be numbered consecutively. (3) Each memorandum shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents as may be required to support ground of objection mentioned in the memorandum. (4) When the appeal is presented after the expiry of period of limitation as specified in the Act, memorandum shall be accompa­nied by an application supported by an affidavit setting forth the fact on which 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 for copies of the memorandum to the State Commission for official purposes. (6) On the date of hearing or any other day to which hearing may be adjourned, it shall be obligatory for the parties or their authorised agents to appear before the State Commission. If appellant or his authorised agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or decide it on the merits of the case. If respondent or his authorised agents fail to appear on such date, the State Commission shall proceed ex parte 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 or 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 objection set forth in the memorandum or taken by leave of the State Commission under this rule:

Andhra Pradesh State Consumer Protection Rules, 1987

R. 8