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Meghalaya Consumer
Protection Rules, 1989

F.91/87/55, dated 6-1-1989

In exercise of the powers conferred by sub-section of Section 30 of the Consumer Protection Act, 1986 (Central Act of 1986), the Government of Meghalaya hereby make the following namely :-

Short title, extent and commencement.

1.   These rules may be called Meghalaya Consumer Protection Rules, 1989.
        The extent to the whole State of Meghalaya. They shall come into force on such date as the State Government may by notifica­tion in the Official Gazette appoint.

Definition.

2.     In these rules unless there is anything repugnant the subject or context :-

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

   (b)   “District Forum” means the District Forum constituted under sections 9 of the Act;

   (c)   “President” means the President of District Forum or, as the case may be, of the State Commission;

   (d)   “State Commission” means the State Commission consti­tuted under section 9(b) of the Act;

   (e)   “State Government” means the Government of the State of Meghalaya;

    (f)   All words and expression used and not defined shall have the meaning respectively assigned to them in the Act.

Location of District Forum and the State Commission.

3.    (1) The District Forum shall be located at the Headquarter of the District.
        Where the jurisdiction of the District Forum ex­tends to more than one District, the Head Quarter of the Forum shall be at such place as the State Government may from time to time decide.

(2) The State Commission shall be located at the capital of the State.

Conditions for appointment as President and members of the State Commission or of the District Forum.

4.    (1) No person shall be appointed as or continue to be a Presi­dent or member
        of the State Commission or as the case may be, of a District Forum if he is one who -

 

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   (a)   has been adjudged and insolvent;

   (b)   has been convicted of an offence for which in the opinion of the State Government, involves moral turpitude;

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

   (d)   has acquired such financial or other interest as is likely to affect prejudicially his functions in the State Commis­sion or, as the cas may be, in the District Forum; or

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

Provided that the President or Member shall not be removed from his office on the ground specified in clause (d) & (g) except after an inquiry is held by State Government in accordance with such procedure as it may specify in this behalf and finds the member to be quality of such conduct.

(2) The President and a member of the District Forum before appointment shall furnish an undertaking that he does not and will not have any such financial or other interest which is likely to affect prejudicially his function as a President or a Member.

(3) Where the President of the State Commission or as the case may be, of the District Forum is unable to discharge his function owning to absence or illness or adequacy otherwise occurs in his office,the Senior most member (in order of appointment) holding office for the time being shall discharge the function of the President until the President resumes the office or a person is appointed to fill up the vacancy.

(4) The President or a member of the State Commission or of a District Forum shall not, for a period of 5 years from the date he ceases to hold office as such, hold any appointment in or be connected with the management or administration or any organisa­tion which has been the subject of any proceeding under the Act either before the State Commission or the District Forum, as the case may be, during his tenure as such President or Member.

1[(5) The President and any member of the State Commission and of a District Forum shall hold office for a term of five years from the date of appointment or until they attain, in the case of those of the State Commission, sixty-seven years of age and, in the case of those of the District Forum, sixty-five whichever respectively occurs earlier and such President or member shall not be eligible for reappointment.

(6) Notwithstanding any thing contained in sub-rule (5) the President or any member of the State Commission or a District Forum may-

   (a)   by writing under his hand addressed to the State Gov­ernment resign his office from the date his resignation is so accepted by the State Government; or

  1.   Substituted by the Meghalaya Consumer Protection (Amendment) Rules, 1995, w.e.f.
8-12-1995.

 

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   (b)   be removed from his office under the provisions of sub-rule (1)].

5.    Honorarium and other allowances of the President and Members of the
        State Commission and also of the District Forum :

   (a)   For the State Commission :

               (i)   The President of the State Commission, if not a sitting judge of the High Court, shall, if appointed on whole time basis be paid on honorarium or rupees five thousand per month and, if on part time basis, rupees two hundred for each day of attending work of the commission;

             (ii)   The President of the State Commission, if he is a serving Judge of a High Court shall draw pay and allowances as admissible to him as Judge of the High Court;

            (iii)   A sitting fee of Rupees 1[One hundred seventy-five] only per day shall be paid to a non-official member for attending meeting of the State Commission;

             (iv)   The President and Member while travelling on duty connected with the State Commission shall be entitled to travel­ling allowances at rates admissible to grade I officers of the State Government;

                     Provided that in case of a serving Judge that rates shall as admissible to him as Judge of that High Court.

   (b)   The District Forum :

               (i)   The President of a district Forum, other than one drawn from any service under the Government or Court, shall, if appoint on whole time basis, be paid an honorarium of rupees two thousand per month and, if on part time basis, rupees one hundred fifty for each day of attending work of the forum;

             (ii)   The President of the District Forum drawn from any service under the Government or Court shall draw pay and allow­ance as admissible to him in his parent office;

                     Provided that no pay or allowances shall be admissible in case the appointment of such officer is on part time basis;

            (iii)   A sitting fee of rupees seventy five only per day shall be paid to a non-official member for attending meeting of the District Forum;

       2[(iiiA)   A sitting fee of rupees 3[three hundred] shall be paid to the President of the District Forum for East Khasi Hills District when such President is a District Judge;]

  1.   Substituted for “one hundred’ by the Meghalaya Consumer Protection (Amendment) Rules, 1999, w.e.f. 24-9-1999 and “one hundred” was substituted for “seventy five” by the Meghalaya Consumer Protection (Amendment) Act, 1994, w.e.f. 15-10-1994.

  2.   Substituted by the Meghalaya Consumer Protection (Amendment) Rules, 1995, w.e.f. 8-12-1995. Prior to its substitu­tion it was amended by the Meghalaya Consumer Protection (Amend­ment) Rules, 1995, w.e.f. 29-9-1995.

  3.   Substituted for “one hundred and fifty” by the Megha­laya Consumer Protection (Amendment) Rules, 1999, w.e.f. 24-11-1999.

 

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             (iv)   The President and member while travelling on duty connected with the District Forum shall be entitled to travelling allowances at rates admissible to Grade I Officers of the State Government.

Appointment of officers & staffs of the District Forum and State Commission.

6.    The State Government shall appoint such officers and staffs as may be
        necessary to assist the District Forum or as the case may be, the State Commission, in the day to day work and their salary be defrayed out of the Consolidated Fund of the State.

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

7.    (1) The District Forum may, if considered necessary, direct the complain-
        ant to provide more than one sample of the goods in clean container with stoper properly fixed on them.

(2) On receiving the samples of such goods by the District Forum the same shall be sealed and a label affixed on the container indicating the following particulars -

   (a)   name and address of the laboratory to which samples will be sent for analysis and test ;

   (b)   name and address of the District Forum ;

   (c)   case number; and

   (d)   seal of the District Forum.

(3) The District Forum shall send the samples to the laboratory for making its report within 45 days from the date of is receipt or within such further time as may be granted by the District Forum, specifying the nature of the defect dated in the samples.

Proceedings before the District Forum.

8.    (1) In any proceeding before the District Forum only the par­ties thereto
        may appear either by themselves or through their authorised agents.

(2) Where the opposite party admits the allegation made by the complainant, the District Forum shall decide the matter before it on the basis of the merits of the case.

(3) In any proceeding it shall be obligatory on the complainant and the opposite party to appear before the District Forum on the date fixed by it. In case of any or both of them fail to so ap­pear, the District Forum may in its discretion dismiss the com­plaint or hear the matter ex-parte and decide it on its merits.

(4) The District Forum may, on such terms as it may think fit and at any stage, adjourn the hearing but not more than one adjourn­ment shall ordinarily be given. The complaint shall be decided within ninety days or within one hundred and fifty days where the complaint requires analysis or testing of goods,
from the date of receipt of notice by the opposite party. The order of the Dis­trict

 

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Forum shall be signed a nd dated by the President and the members hearing the complaint and shall be communicated to the party free of cost.

Other matters relating to District as well as the State Commis­sion.

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

(2) Sitting of the District Forum or the State Commission as and when necessary, shall be convened by the President.

(3) No act of proceeding of the District or of the State Commis­sion shall be invalid by reason only of the existence of any vacant in its membership or defect in its constitution.

Procedure for preferring appeal to the State Commission.

10.     (1) Memorandum for appeal under section 15 of the Act may be presented
           to the State Commission by the appellant in person or by his authorised agent or it may be sent to it under Registered post.

(2) Every memorandum filed under sub-section (1) shall be typed or in legible handwriting. It shall set forth concisely indis­tinct paragraphs the grounds of appeal without arguments or narratives.

(3) Certified copy of the order of the District Forum appalled against and also such other documents as may be required to sup­port the grounds for appeal should accompany the memorandum.

(4) The memorandum of appeal should normally be submitted within the period of limitation specified in the Act.

Provided that for sufficient cause the appeal could not prepared in time, an application for condoning the period of imitation should simultaneously be made to the State Commission :

(5) The memorandum of appeal submitted to the State Commission should be accompanied with four extra copies.

(6) The appellant or his authorised agent should appear on the date fixed for hearing, failing which the State Commission may, in discretion, either dismiss the appeal or decide it ex-parte on its merit.

(7) No argument shall be made by the appellant in support of any ground or objection not set forth in the memorandum of appeal except with leave of the State Commission.

Provided that the State Commission may not confine its decision only to the grounds or objection set forth in the memorandum or grounds tendered by leave of the State Commission under this rule.

Provided further that the Commission may not base its decision on any ground tendered by the appellant with leave of the State Com­mission unless the affected party has been given an opportunity of being heard before giving its final decision.

 

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(8) The State Commission may, on such term as it may think fit or at any stage, adjourn the hearing of appeal, but not more than one adjournment shall ordinarily be given. The appeal should be decided within ninety days from the first date of hearing.

(9) The order of the State Commission shall be signed and dated by the President and members of the State Commission hearing the appeal and the order shall be communicated to the parties con­cerned free of cost.