Comparison of Consumer Protection Acts: 1986 vs Rajasthan Rule 1987

The Consumer Protection Act, 1986 applies to all of India except Jammu and Kashmir, while the Consumer Protection (Rajasthan) Rule, 1987 is specific to Rajasthan. The rules define key terms differently and have variations in the terms of service for members of the District Forum and State Commission. While the 1986 Act specifies re-appointment options, the Rajasthan Rule sets age limits.

• Consumer Protection
• 1986 Act
• Rajasthan Rule
• Legal Comparison
• India

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1. ALL INDIA LEGAL FORUM TASK 6 Comparison of The Consumer Protection Act, 1986 with The Consumer Protection (Rajasthan) Rule, 1987. Submitted by: Kshitij Sharma Member, Research Board 2 All India Legal Forum

2. The Consumer Protection Act, 1986 Section 1 It extend to whole of India except the state of Jammu and Kashmir. The Act received the assent of the President of India on 24- 12-1986 and was published in the Gazette of India, Part II, Sec. I (Extra) dated 26-12-1986. EXTENT AND COMMENCEMENT DATE The Consumer Protection(Rajasthan) Rule, 1987 Rule 1 It extend only to the state of Rajasthan. It Published vide Notification No. F.20 (40) FS/ Meeting/ 87, dated 21-7-1987, Published in Rajasthan Gazette Extraordinary, part 4-C (1), dated 23-7-1987, page 41.

3. DEFINITION ADDED IN THE CONSUMER PROTECTION (RAJASTHAN) RULE, 1987 a) b) "Act" means the Consumer ProtectionAct, 1986 (CentralAct 68 of 1986). Agent" means a person duly authorized by a party to present any complaint or appeal or reply on its behalf before the State Commission or the District Forum. Appellant" means a party which makes an appeal against the order of the District Forum. Memorandum" means memorandum of appeal filed by the appellant. Opposite Party" means a person who answers complaint or claim. President means the president of the State Commission or District Forum as the case may be. Respondent" means the person who answers any memorandum of appeal. State" means the State of Rajasthan. c) d) e) f) g) h)

4. TERM OF SERVICE OF THE MEMBER S OF DISTRICT FORUM The Consumer Protection Act, 1986. Section 10 (2) Every member of the District Forum shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier. Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-five years, whichever is earlier. The Consumer Protection (Rajasthan) Rule, 1987. The Rule does not mentioned anything about the terms of service of the members of the district forum.

5. The Consumer ProtectionAct, 1986 Section 16 (3) Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier. Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-seven years, whichever is earlier. TERM OF SERVICE OF THE MEMBER S OF STATE COMMISSION The Consumer Protection(Rajasthan) Rule, 1987 Rule 6 (4) The president and the members of the State Commission shall hold office for a term of five years or upto the age of 70 years whichever is earlier and shall not be eligible for renomination.

6. The Consumer ProtectionAct, 1986 Section 18 The Provision of Section 14 with modification as may be necessary, be applicable to the disposal of disputes by the state Commission. i.e. Section 14 (3) talk about the Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government. PLACE OF SITTING OF STATE COMMISSION The Consumer Protection(Rajasthan) Rule, 1987 Rule 7 Office of the State Commission shall be located at the Capital of the State. The working days and the office hours of the State Commission shall be the same as that of the State Government.

7. PLACE OF SITTING OF DISTRICT FORUM The Consumer Protection Act, 1986 Section 14 (3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government. The Consumer Protection(Rajasthan) Rule, 1987 Rule 4 (1) The office of the District Forum shall be located at the headquarters of the District. 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.

8. PROCEDURE FOR HEARING APPEAL The Consumer Protection Act, 1986 Section 15 Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed. Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not finding it within that period. Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount or twenty-five thousand rupees, whichever is less.

9. PROCEDURE FOR HEARING APPEAL The Consumer Protection(Rajasthan) Rule, 1987 Rule 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. Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under district heads, the ground of appeal without any argument or narrative and such ground shall be numbered consecutively. 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 grounds of objection mentioned in the memorandum. 2) 3)

10. PROCEDURE FOR HEARING APPEAL The Consumer Protection(Rajasthan) Rule, 1987 Rule 8 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 four 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 authorized agents to appear before the State Commission. If appellant or his authorised agent fails to appear on such date, the State Commission may decide the appeal on the merit of the case. If respondent or his authorised agent fails to appear On such date, the State Commission shall proceed ex- parte and shall decide the appeal ex-parte on merits of the case.

11. PROCEDURE FOR HEARING APPEAL The Consumer Protection(Rajasthan) Rule, 1987 Rule 8 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 or taken by leave of the State Commission under this rule. Provided that the Commission shall not rest its decision on any other grounds unless the party who may be affected thereby, has been given at least one opportunity of being heard by the State Commission. 8) The 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 ordinarily be given and the appeal should be decided within 90 days from the first date of hearing. 9) Order of the State Commission on appeal shall be pronounced and 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.

12. SALARY AND ALLOWANCES The Consumer Protection Act, 1986 Section 10 (3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government. The Consumer Protection(Rajasthan) Rule, 1987 Rule 3 (1) The president of the District Forum appointed on whole-time basis shall receive a salary equivalent to the Judge of the District Court. Other members sitting on whole-time basis shall receive a consolidated honorarium of Rs. 20,000/- (Rupees Twenty Thousand) per month.

13. The Consumer Protection(Rajasthan) Rule, 1987 Rule 3 (1A) Initial honorarium for the Members of the District Forum will be Rs. 20,000/- (Rupees Twenty Thousand) per month and on completion of one year tenure the increase in honorarium will be Rs. 4,000/- (Rupees Four thousand) per year. The existing Members working as on 31.12.2012 will get increase of Rs. 4,000/- in honorarium w.e.f. 01.01.2013. Honorarium shall be subject to the maximum of Rs. 36,000/- (Rupees Thirty Six Thousand) (1B) In addition to this Members are entitled for Rs. 2,000/- per month as conveyance allowance: Provided that the President who is a retired Judicial Officer, shall receive remuneration of last pay drawn less pension. (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 Grade I officer of the State Government. SALARY AND ALLOWANCES

14. The Consumer Protection Act, 1986 Section 13 (3A) Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum: Provided further that the District Forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act. ADJOURNMENT OF CASES The Consumer Protection(Rajasthan) Rule, 1987 Rule 4 (11) The District Forum may, on such terms as it may think fit at any stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given.

15. 1) http://ncdrc.nic.in/bare_acts/Consumer%20Pro tection%20Act-1986.html The Consumer Protection Act, 1986. REFERENCES 2) The Consumer Protection (Rajasthan) Rule, 1987. http://www.bareactslive.com/RAJ/RJ804.HTM