CONFERENCECONFERENCECONFERENCECONFERENCE

Of

Hon’ble Ministers along with the Secretaries, Consumer Affairs

Of States / UTs

And

Presidents of State Consumer Disputes Redressal Commissions

On

Consumer Protection in India – The Way Forward

on

15th March, 2012

----: VENUE :: VENUE :: VENUE :: VENUE :----

Hall No.5, Vigyan Bhawan, New Delhi

-: Jointly Organised by :-

Department of Consumer Affairs, Government of India

&

National Consumer Disputes Redressal Commission

***

The Conference of Hon’ble Ministers along with the Secretaries,

Consumer Affairs of States / UTs and Presidents of

State Consumer Disputes Redressal Commissions

(Thursday, the 15th March, 2012)

INAUGURAL SESSIONINAUGURAL SESSIONINAUGURAL SESSIONINAUGURAL SESSION

1. Registration & Tea 10:30 A.M.

2. Lighting of Lamp 11:00 A.M.

3. Welcome Address by Shri Rajiv Agarwal Secretary, Department of Consumer Affairs

11:05 A.M.

4. Release of Book – ‘Consumer is King’ (3rd Ed.) by Mrs. Rajyalakshmi Rao, former Member, NCDRC

11:15 A.M.

5. Address by Shri J.B. Mudgil President, NCDRC Bar Association

11:25 A.M.

6. Keynote Address by Hon’ble Shri Justice Ashok Bhan

President, National Commission 11:30 A.M.

7. Inaugural Address by Prof. K.V. Thomas Hon’ble Union Minister of State (Independent Charge) for Consumer Affairs, Food & Public Distribution

11:40 A.M.

TEA BREAK

11:50 A.M.

BUSINESS SESSIONBUSINESS SESSIONBUSINESS SESSIONBUSINESS SESSION

8. Discussion on Agenda Items 12:15 P.M.

LUNCH BREAK

1:30 P.M.

9. Discussion on Agenda Items continues

2:15 P.M.

10. Summing up and Vote of Thanks by Hon’ble Shri Anupam Dasgupta, Member, National Commission

4:15 P.M.

* * *

THE CONFERENCE OF HON’BLE MINISTERS ALONG WITH THE SECRETARIES, CONSUMER AFFAIRS OF STATES / UTs AND PRESIDENTS OF STATE CONSUMER DISPUTES REDRESSAL COMMISSIONS ON 15TH MARCH, 2012 IN HALL NO.5, VIGYAN BHAWAN, NEW DELHI.

AGENDA

S. No. Items Pages

1. Finalization of the National Consumer Disputes Redressal Commission Procedure & Practice Regulation

1 – 30

2. Training of State Commission / District Forum Members at Judicial Academy of the respective States.

31

3. English translation of the documents to be filed with the documents in vernacular

32 – 33

4. Pay & Perquisites to State Commission / District Forum Members

34 – 48

5. Declaring the President of State Commission as Department and President of District Forum as Head of Office.

49 – 53

6. Provisions of Staff in the State Commission & District Forum.

54 – 66

7. Building and other infrastructure for the State Consumer Commissions.

67 – 70

8. Disposal of the cases by National Consumer Disputes Redressal Commission / State Consumer Disputes Redressal Commission / District Forum

71 – 74

9. Computerization & Maintenance of Computer-Software-Hardware.

75 – 76

* * *

ITEM NO. 1ITEM NO. 1ITEM NO. 1ITEM NO. 1

Finalization of the National Consumer DispFinalization of the National Consumer DispFinalization of the National Consumer DispFinalization of the National Consumer Disputes Redressal utes Redressal utes Redressal utes Redressal Commission Procedure & Practice RegulationCommission Procedure & Practice RegulationCommission Procedure & Practice RegulationCommission Procedure & Practice Regulation

The existing Consumer Protection Regulation, 2005, framed under

the provisions of the Consumer Protection Act, 1986 since was found to

be inadequate to meet the total requirement, it was decided to consider

and propose a few additions and amendment in the existing Regulations

and in pursuance thereto the National Consumer Disputes Redressal

Commission in exercise of the powers conferred by Section 30A of the

Consumer Protection Act, 1986 (Central Act 68 of 1986) and all other

powers thereunto enabling it to frame Regulations to regulate its own

practice and procedure, hereby makes the following Procedure and

Practice Regulations, 2011 in supersession of all the existing orders,

regulations and notifications on the subject.

The said Draft Regulations were sent to all the State Consumer

Commission with a request to give their comments on the subject. Now

these draft regulations are placed before the Conference of the State

Consumer Disputes Redressal Commission and Department of

Consumer Affairs of all States for deliberations.

Once these are finalized, these would be notified but in

consultation with the Central Government.

A copy of Draft Procedure and Practice Regulations, 2011 is

placed below.

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Consumer Protection Procedure and Practice Regulations 2011

Whereas it is expedient to frame unified and consolidated Procedure and Practice Regulations, the National Consumer Disputes Redressal Commission in exercise of the powers conferred by Section 30A of the Consumer Protection Act, 1986 (Central Act 68 of 1986) and all other powers thereunto enabling it to frame Regulations to regulate its own practice and procedure, hereby makes in consultation with the Central Government, the following Procedure and Practice Regulations 2011 in supersession of all the existing orders, regulations and notifications on the subject :-

CHAPTER I

PRELIMINARY

1. Short title - These regulations may be called “The Consumer Protection Procedure and Practice Regulations 2011.

2. Commencement - (a) These regulations shall come into force from the date these are notified in the official Gazette.

(b) These regulations shall apply, as far as may be, to all proceedings pending in the National Consumer Disputes Redressal Commission or the State Consumer Disputes Redressal Commission or District Consumer Forum, as the case may be, on the date of their commencement.

CHAPTER II

3. Definitions - In these regulations, unless there is anything repugnant to the subject or context –

(i) “Address for service” shall mean the address furnished by a party or his authorized agent, or his legal practitioner at which service of summons, notices or other processes may be effected;

(ii) Application means and includes Revision Petition,, Original Petition or Consumer Complaint and Review Petition, Miscellaneous Application

(iii) “Act” and “ Rules” shall mean the Consumer Protection Act, 1986 (Central Act 68 of 1986) and the Consumer Protection Rules, 1987, as amended from time to time;

(iv) “Code” means the Code of Civil Procedure, 1908, as amended from time to time;

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(v) Consumer Forum means a District Forum, State Consumer Disputes Redressal Commission or the National Consumer Disputes Redressal Commission

(vi) “Legal Practitioner” includes a standing counsel authorized to accept the service for any department or organization of the Central Government/State Government or any authority, a Corporation, a body owned or controlled by the Central Government/State Government;

(vii) Pleadings shall include petition or complaint, reply or rejoinder and additional documents as may have been filed in a case

(viii) Registrar means the Head of the Ministerial Establishment of the Consumer Forum and exercising such powers and functions as are conferred upon him by the President of the Consumer Forum.

(ix) “Vacation Bench” means a Bench duly constituted for discharging the functions of the Commission during the vacation;

(x) Words not defined in these Regulations shall have the same meaning as assigned in the Act or the Rules.

PREPARATION AND PRESENTATION OF PLEADING AND OTHER PAPERS

4. Preparation of pleadings and other papers – (a) All pleadings, affidavits, memoranda and other papers filed in the Commission shall be one plus two fairly and legibly typewritten or printed in English on durable white foolscap folio paper on the one side only in double space duly paginated, indexed and stitched together in the paper-book form. The index shall be in Form No.

(b) English translation of vernacular documents/pleadings shall be duly authenticated by the legal practitioner in case he is represented by a counsel or else the petitioner himself has to authenticate it on affidavit.

5. Date and signature - A party required to affix his signature shall also state his name in capitals near his signature and initial or sign at the bottom of each page.

Explanation – The expression `signature’ or `initial’ includes thumb mark.

6. Attestation – (a)The attestation shall be made at the end of the document whether petition or reply or rejoinder or evidence as the case may be, in the form given below:

“The Annexure LLLL is the true copy of the original document.” (Signature) Name and Designation of the Attestor with date”.

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(b) Sub-rule (a) above shall also govern production of photocopies of the documents, provided they are clear and legible.

7. Production of authorization for and on behalf of an Association – Where an application/pleading or other proceeding purported to be filed is by an Association, the person or persons who sign(s)/verify(ies) the same shall produce along with such application, etc., for verification by the Registry, a true copy of the resolution of the Association empowering such person(s) to do so :

Provided the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization.

8. Procedure on production of defaced, torn or damaged documents - When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialed by the officer authorized to receive the same.

9. Receipt of papers – (a) All pleadings and papers shall be received in the Registry only during the office hours on the working days, provided they are presented or sent in the manner provided in regulation 4(1) of these regulations.

(b) All pleadings and papers received before 3 p.m. in which urgent interim orders are sought, shall ordinarily be processed immediately for being listed before the Bench after two working days provided papers so filed are found to be in order.

10. Date stamping of papers and maintenance of Inward Register – (a) The receiving branch of the Registry shall immediately on receipt of an application/petition or other pleadings or papers, affix the date-stamp of the Commission in the following manner :-

(i) Date-stamp shall be affixed on the first page of each set of the documents so filed. If received by post a stamp on each set, be affixed “Received by posts”.

(ii) Receiving Clerk shall affix his initials on the stamp affixed on the first page of the document so received.

(b) Receiving branch of the Registry shall on affixing the date-stamp, enter the details thereof in the Inward Register and assign a Diary Number. The same Diary Number shall be entered immediately below the date-stamp on the first page of the main/first copy.

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CHAPTER IV

SCRUTINY, REGISTRATION, NUMBER AND POSTING FOR ADMISSION/ORDERS

11. Scrutiny of application/petitioner/other pleadings and papers – (a) The Scrutiny Branch of the Registry shall, on receipt of the application/petition or as the case may be, pleadings from the receiving branch, scrutinize the same as expeditiously as possible on the same day of filing.

Provided if, for any reason, the scrutiny is not completed on the same day, the same shall be immediately reported to the Registrar or any other officer authorized in this behalf, who shall take prompt steps to have the scrutiny done within one working day thereafter.

(b) The report of the scrutiny of the application under section 19 of the Act shall be in Form No.2 and the scrutiny report shall be annexed to the application/petition.

12. Maintenance of Order Sheet – The Scrutiny Branch shall attach to every Revision Petition or Original Petition or First Appeal or Review Petition as the case may be, an order sheet in duplicate in Form No. The column “Notes of the Registry” in the order sheet shall be for the notings by the Registry and the column “Orders of the Commission” is meant for the use of the Bench.

Note :-

(1) The entries in the order sheet shall be in writing and removal of the order sheet for typing to be avoided.

(2) Continuous page number should be given to the order sheet.

(3) Before any entry is made in the order sheet for the day, the date, month and year shall-first be entered and underlined in the middle of the column.

(4) Order to be written on the order sheet duly initialed by the Members of the Bench.

(5) In the case of lengthy orders, only the operative portion of the order need be entered in the column “Orders of the Commission” and initialed by the Court Master(NS). The orders shall be annexed to the order sheet giving them continuous paging. Reference to the order shall be made by mentioning only page number of the order annexed.

(6) The presence of the legal practitioner/party be indicated.

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(7) No gaps shall be left between two entries in the order sheet. Gaps, if any shall be covered by drawing a line across.

13. Classification of papers – (a) The papers received in the Registry in all petitions, namely, Revision Petitions, Original Petitions, First Appeals and RAs except Miscellaneous Application shall be classified and placed in files ‘Part I”, Part II.

(b) “Part I” File shall consist of two separate parts – left side and right side. Left side of Part-I shall contain the order sheet and orders annexed thereto. Right side of the Part-I shall contain the application with annexures, reply with annexures, rejoinder with annexures and evidence filed by way of affidavit by either side and arrange them as far as possible consecutively in the order of the of the receipt of the documents. If however the documents so filed become voluminous an additional part to be nomenclature as Part I –A, be added.

(c) “Part-II” File shall contain the remaining papers including Vakalathnama, notices, postal acknowledgements, such other documents which have not been accepted to be filed in Part I and Part II for any reason and Supreme Court orders etc., if any.

14. Submission of case files to Registrar – On completion of the scrutiny, the Scrutiny Branch shall place the case file duly classified as “Part-I and Part-II along with the report of scrutiny and the order sheet before the Registrar or any other officer authorized in this behalf by the Registrar, for his orders.

15. Registration and Numbering – (a) The Registrar or any other officer authorized in this behalf, on examining the application/pleading and the scrutiny report of the office, shall, if they are in order, direct registration/acceptance of the cases as per following nomenclature:

(b) REVISION PETITION - Petitions filed under section 21 (b) of the Act ordered to be registered shall be numbered as Revision Petition No.

(c) FIRST APPEAL - Appeals filed under Section 19 of the Act shall be numbered as First Appeal No.

(d) CONSUMER COMPLAINT - Complaints filed under Section 21 of the Act shall be numbered as Consumer Complaint No.

(e) REVIEW APPLICATION - Applications for review of any order of the Commission ordered to be registered shall be numbered as Review Application No.

(f) TRANSFER APPLICATION - Petition filed before the State Commission under Section 17A of the Act or the petition filed before the National Commission under Section 22B ordered to be registered shall be numbered as PT No. L /2011

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(g) MISCELLANEOUS APPLICATION - Other applications of Miscellaneous nature not covered by sub-rules (b) to (f) above, ordered to be registered shall be numbered as MA No /20LLL

(h) Applications/petitions referred to in this rule shall be entered in Register No . Separate registers shall be used for each category of applications/petition referred to in this rule. The Registers shall be maintained from 1st January to 31st December of each calendar year.

(i) Format of the papers filed in this Commission would be as per annexure to these Regulations.

16. Maintenance of D.Ds Register – (a) DDs received in the Registry shall be entered immediately on their receipt in the respective Judicial Section i.e. RP, FA and OP Sections.

(b) On every working day, the DDs received by the Judicial Bench during the day shall be transmitted along with the DDs Register to the Section Officer incharge of Judicial Branch, who after scrutiny shall affix his initials in the relevant column in the Register and transmit the same to the Account Section. The official incharge of Account Section shall, after verifying the entries in the Register alongwith the DDs put his initials in the relevant column in the Register in token of acknowledgment and returned the Register to respective Section.

(c) It will be the duty of the Accounts Officer to obtain FDR, DD, immediately and main a Register. Subsequently a copy of FDR with Case Number be forwarded to concerned Judicial Branch for placing in the respective case file, with a stamp on each of the file and paper-books regarding FDR and its serial number provided by Accounts Officer.

17. Rectification of defects – (a) If on scrutiny any petition or pleadings filed in the Commission by post is found to be defective, due notice shall be sent for curing the defects to the Counsel/petitioner in-person to remove the defects within 15 days from the date of receipt of notice.

OR

(b) The papers shall be returned to the party or his legal practitioner to remove the defects only after obtaining acknowledgment thereof in the Inward Register if the documents have been desired to get back.

(c) The Registrar may, for good and sufficient reasons extend the time for rectifying the defects, provided the total period for rectification including the extended period does not exceed thirty days.

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(d) If the party or his legal practitioner contests the office objection and the Registrar is not satisfied the matter shall be placed before the Bench for appropriate orders.

(e) If the party/legal practitioner rectifies the defects and represents the application/pleading within the time granted, the Registrar on being satisfied may order for its admission hearing before the Bench within a period provided U/s 12 (3) of the Consumer Protection Act.

18. Posting of cases for admission/orders before the Bench – (a) Subject to the orders of the President all registered applications/petitions shall be posted for admission/orders before the appropriate Bench for admission hearing within a period provided U/s 12 (3) of the Consumer Protection Act. The notice of posting shall be given by notifying in the daily cause list for the day and if the party is in person or agent the notice shall be sent through Registered AD by post/courier or by any other method the Registrar may like to order.

(b) Before placing the records of the case for admission/order, the Registry shall state in brief in the column “Notes of the Registry” on the Order Sheet, the date of presentation and registration, the date of posting before the Bench and fill up the columns in file covers Part I and Part II.

(c) The constitution of Benches and distribution of work shall be as per the orders/directions of the President, NCDRC.

19. Posting of urgent cases - (a) Notwithstanding anything contained in Regulation 18, the President and in his absence the senior-most Member of the Bench may order any case not included in the daily cause list to be listed on Supplementary List on urgent basis for admission/orders. Such directions shall be promptly carried out by the Registry and paper-book of the case shall immediately be provided to the Members of the Bench.

(b) When a Division Bench is not available, urgent cases for admission and interim orders may be posted before a Single Member Bench after obtaining administrative approval from the President, NCDRC, who shall hear the same and pass orders on admission or on the prayer for the interim relief. The Single Bench shall however not be competent to pass final order except when the matter is slated for disposal by way of mutual consent between the parties.

20. DUTY OF COURT MASTER (Non-Shorthand) - Matters to be attended to prior to commencement of sitting – (a) Unless otherwise directed by the Members constituting the Bench, the Court Master/PS shall ensure that records of the cases listed for admission/orders before the Bench on the next working day are sent to the residence of the Members before the evening of the day on which the cause list is published.

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(b) The Court Master/PS shall ensure that the case records so sent to the residence of the Members are brought back to the concerned Court Hall before the commencement of the Court sitting. He shall thereafter verify the case records listed for the day and arrange them in the serial order as given in the cause list well before the commencement of the sitting.

(c) The Court Master attached to the Bench concerned shall ensure that the Court Hall is ready for commencement of the sitting at the prescribed time for such sitting.

(d) If, for any reason, the Bench cannot sit or the sitting is delayed, the Registrar and in his absence the senior most available officer in the Registry shall promptly obtain the orders of the President and notify the same on the Notice Board and in the Court Hall through the Court Master.

21. Maintenance of Court Diary - (a) The Court Master of the Bench concerned shall maintain legibly a Court Diary or Register wherein he shall record the outcome of the proceedings of the Court for each sitting day with respect to the application/petitions listed in the daily cause list and on the rise of the day, immediately notice to the Listing Section Incharge.

(b) The matters to be recorded in the Court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or head and orders reserved, as the case may be.

22. Statutes/Citations for reference - The parties/legal practitioners/agents shall before the commencement of the proceedings for the day, furnish to the Court Master (NS) a list of law journals, reports, statutes and other citations, which may be needed for reference.

23. Calling of cases in Court - Subject to the orders of the Bench, the Court Master (NS) shall call the cases listed in the cause list in the serial order.

24. Regulation of Court Work – (a) When the Court is sitting, the Court Master shall ensure –

(i) that no inconvenience or wastage of time is caused to the Bench in making available the services of Stenographer/Court Attendant (MTS);

(ii) that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench;

(iii) that proper care is taken to maintain dignity and decorum of the Court.

(b) When the Bench passes order/directions, the Court Master recording the Court orders shall ensure that the records of the case along with proceedings/orders of the Bench are transmitted

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immediately to the Judicial Branch. The Judicial Branch shall verify the case records received from the Court Master with reference to the cause list and take immediate steps to communicate the directions/orders of the Bench to the respective parties for compliance of order.

CHAPTER V

SERVICE OF NOTICE

25. Issue of Notice – (a) Unless otherwise ordered by the Commission, when notice is ordered in respect of a complaint, appeal or revision petition as the case may be, notices shall be issued by registered post A/D returnable as provided U/s 13 of the Consumer Protection Act. Notices can be effected through courier of repute if ordered by the Commission. Along with the notice copies of the complaint, memorandum of grounds, appeal or petition as the case may be, and other documents filed shall be served on the opposite party(ies) or respondents

(b) When there is a question of presumption of service, returnable as provided U/s 13 of the Act, and A/D cards has not been received only such presumption be adopted to the effect services has deemed to be effected.

(c) Where the notice is returned to the Commission with an endorsement of the Postal Department regarding non-service owing to refusal of the same by the party concerned, the Registrar shall declare that the notice has been duly served on the respondent.

(d) Where the notice was properly addressed and duly sent by registered post, acknowledgement due, the declaration referred to in sub-rule (c) shall be made when for any reason the acknowledgement is not received by the Commission within the prescribed period U/s 13 of the Act.

(e) When the notices are to be issued through courier in terms of sub regulation (a) while appointing courier security deposits may also be taken.

26. Steps for issue of fresh notice – If any notice is returned unserved in the circumstances not specified in sub-regulations (c) and (d) of Regulation 25, that fact and the reason therefore shall be brought to the notice of the Bench on the day of hearing. If however the applicant or the petitioner is in-person, due notice in this behalf can be passed telephonically with due record in Part-II file. The applicant/petitioner or his Legal Practitioner or his agent as the case may be, shall within seven days from the date of receipt of the letter, take steps for service of notice on the opposite party (s)/respondent (s).

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27. Consequence of failure to take steps for issue of fresh notice – If the applicant/petitioner fails to take necessary steps in time for service of notice on the respondent(s) and consequently, the service remains incomplete, the Registrar shall post the case before the Bench for further directions.

28. Service of notice, etc., on Legal Practitioners – A Legal Practitioner representing a party in any proceeding and any person authorized to accept notices on behalf of a party, shall receive notices, orders, directions, pleadings, etc., required to be served on such party in connection with such proceedings. Such service shall be deemed to be proper service on the party.

29. Form of Notice - Notice to show cause regarding admission shall be in the prescribed form. Notice ordered after admission shall be in Form No.

30. Entries regarding service of notice/process - The Judicial Branch of the Registry shall record in the column in the order sheet “Notes of the Registry”, the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of return of notice if unreserved, steps taken for issuing fresh notice.

CHAPTER VI

FILING OF REPLY STATEMENT/REJOINDER

31. Case deemed to be ready on failure to file reply in time after completion of service on opposite party (s)/respondent (s) – When all or any of the respondent(s) fail(s) to file reply statement within the time granted, the case shall be deemed to be ready for hearing and included in the ready list for final hearing.

32. Filing of rejoinder – (a) The applicant(s) intending to file rejoinder with evidence on affidavit in the category of C.C. cases only to the reply statement filed by all or any of the respondent(s) shall do so, within the time granted, duly signed and verified.

(b) After the expiry of the time granted for filing the rejoinder, the case shall be deemed to be ready for hearing on its own turn after notice to all concerned or on any earlier date with the leave of the Bench.

33. Papers not to form part of the records – (a) Except with the leave of the Commission or Registrar which conducting the proceedings for completion of the service/pleadings, the following shall not form part of the records of the case:-

(i) Reply statement filed after the expiry of the time granted for the purpose.

(ii) Rejoinder filed without the leave of the Court or filed after the expiry of the time granted.

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(iii) Additional pleadings filed without the leave of the Court or filed after the expiry of the time granted.

34. Incorporation of amendments, filing of additional reply, etc. – When the Commission allows a prayer for amendment of the pleadings or for addition of parties, the same shall be carried out in red ink indicating the date of the order and duly signed by the party/legal practitioner/agent who has obtained the order, within the time granted for the purpose by the order or if no time is thereby limited then, within 30 days from the date of the order. If, however, the Commission has directed furnishing of a fresh copy incorporating the amendments/addition of parties, the same shall be filed in triplicate and after serving a copy of the amended pleading on the other party within the time granted by the Court of if no time has been specified, within 30 days from the date of the order. In default, the Registry shall place the matter before the appropriate bench for orders.

CHAPTER VII

PROCEEDINGS BEFORE REGISTRAR’S

In terms of Rule 9 of the Consumer Protection Rules 1987, the President of the NCDRC has assigned the function to the Registrar to save the time of the Bench, to conduct the proceedings for completion of service and pleadings. Accordingly, the proceedings before Registrar shall contain the following subject.

35. Matters to be listed before the Registrar’s – Subject to the orders of the Commission, once an application/petition or appeal, as the case may be, is admitted and notice ordered, the same shall be posted before the Registrar for completion of pleadings and services on opposite party (s)/respondent (s).

36. Cause List for Registrar’s Court - Cases required to be dealt with by the Registrar shall be notified in a separate Daily Cause List. The cases so notified shall be taken up in the Registrar’s Court in the serial order as indicated in the cause list.

37. Recording of proceedings – On hearing the parties/their Legal Practitioners or their Agent and on perusing the records, the Registrar shall drawn LLLLLLLLLLLLLLLLL.

38. Inclusion of cases in the ready list when pleadings are complete – If the pleadings are complete or if the case is deemed to be ready for hearing, the Registrar shall record the same in the proceeding and order for inclusion in the list of cases ready for final hearing.

CHAPTER VIII

PREPARATION OF DAILY CAUSE LIST AND POSTING OF CASES

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39. Maintenance of Ready List – The Listing Branch of the Registry shall maintain a separate registers for each category of cases, namely, Revision Petition, Original Petition or First Appeal, as the case may be, which are ready for hearing. Inclusion of cases in the Register shall be yearwise.

40. Preparation and publication of Daily Cause List – (a) The Judicial Branch of the Registry shall prepare and publish on the Notice Board of the Registry before 5.00 p.m. on each working day the Cause List for the next working day. Subject to the directions of the President, listing of cases in the Daily Cause List shall be in the following order :-

(i) Cases for “Pronouncement of Orders” (ii) Cases for Admission” (iii) Cases for “Directions” (iv) Execution Petitions. (v) Part-heard cases, latest part-heard having precedence (vi) Cases posted as per directions of the Court

(b) The title of the Daily Cause List shall consist of the name of the Bench, the day, date and time of the Court sitting, Court Hall number and the Coram indicating the names of the President/ Members constituting the Bench.

(c) Against the number of each case listed in the Daily Cause list, the following shall be shown :-

(i) Appearance with names of Legal Practitioners or Agents appearing on both sides, against the respective parties.

(d) Office objections and special directions, if any, shall be briefly indicated in the Daily Cause List below the case number.

41. Carry forward of Cause List and adjournment of cases on account of non-sitting of a Bench – (a) If by reason of declaration of holiday or for any other reason, the Bench does not function for the day, the cases in the Daily Cause List for that day shall be fixed for any of the day after due notice to both side.

(b) When the sitting of a particular Bench is cancelled for the reason of absence of Member(s) of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before that Bench to a convenient date with due notice to both parties.

42. Daily cause list would be displayed on the notice board of the Commission as also that would be uploaded in the website.

43. Request for Adjournments –(a) Unless the Bench otherwise permits, requests for adjournments of the cases listed in the Daily Cause List shall be entertained only at the beginning of the session.

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(b) The Consumer Forum shall record the reasons for any adjournment made by it as provided under Regulation 11 of the CP Regulation, 2005.

(c) The cost of adjournment if asked by the opposite party shall not be less than Rs.500 per adjournment which amount can be raised depending upon the value and nature of the complaint as may be decided by the Consumer Forum.

(d) The cost imposed may be given to the other party or parties to defray his or their expenses or as may be directed, be deposited in the Consumer Legal Aid Account to be maintained by the respective Consumer Forum.

44. (a) A manual main Register shall be maintained by each of the

Judicial Branch in the prescribed form of Register.

(b) All orders regarding clubbing of cases shall be entered in the order sheets of all the cases required to be clubbed together and posted accordingly as well as on the main Register.

(c) The Section Officer concerned shall ensure that the aforesaid registers are promptly and properly maintained and the directions of the Bench are faithfully carried out.

45. Early hearting of cases – If early hearing of a case out of turn is required, the party/Legal Practitioner/Agent shall make an application stating the reasons therefore after serving copy thereof to the other parties. The application shall, if in order, be listed before the Bench presided over by the President or in his absence before the Member nominated by the President.

46. Vacation Bench Sittings and Posting of cases – (a) When the Commission is closed for vacation, the Vacation Bench shall sit on such days as the President may specify by general or specific orders.

(b) During the vacation only matters which are required to be immediately or promptly dealt with, shall be listed before the Vacation Bench only after, on being satisfied about the urgency.

(c) During the vacation, the Registry shall accept cases replies, rejoinders to OAs, RAs, etc. provided a copy of the same has been served on all the other parties/Legal Practitioners/Agents.

(d) Inspection of records may be permitted during the vacation according to the Regulations.

(e) Certified copies may also be supplied during the vacation according to the Regulations.

CHAPTER IX

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POSTING OF REVIEW APPLICATIONS

47. Posting of Review Applications – (a) Posting of Review Applications shall be governed by the order made hereinafter;

(1) Review of the order in which both the Members who passed the order are in position in the Commission-

In such a case the Review petition shall be placed before the Members who passed the order for consideration by circulation in Chamber. If one of the two is of the view that it merits a hearing then the petition shall be placed before the Bench for preliminary hearing.

(2) Review of the order in which one of the Members has ceased to be a Member of the Commission-

In such a case the Registrar shall place the petition before the President for constituting a Bench comprising the available Member and another Member to be nominated by the President for preliminary hearing.

(3) Review of the order in which both the Members who passed the order are no longer in position-

In such a case the Registrar shall place the petition before the President for constituting a Bench for hearing.

49(b) No review shall lie against the orders passed in the Review Petition.

CHAPTER X

FULL BENCH MATTERS

48. Preparation and filing of paper books on reference to the Full Bench – When Division Bench of the Commission makes an order referring the case/issues to a Full Bench, the applicant or the petitioner or the appellant or such other party, shall furnish additional Paper Book duly indexed and continuously paginated (depending upon the number of members of the Full Bench) for the use of the Bench within two week from the date of order referring the matter to the Larger Bench, or such other time as the Bench may direct, arranging the papers in the following orders :-

49. Notification regarding Full Bench hearing – The Registry of the Commission shall, on receipt of orders of the President notify the parties/legal practitioners/Agents the date of hearing of the case by the Full Bench.

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50. Circulation of Full Bench decision/opinion – The Registry shall circulate the opinion/decision rendered by the Full Bench to all the State Consumer Forum for information.

CHAPTER XI

INSPECTION OF RECORDS

51. Grant of Inspection – Inspection of records of a pending or decided case before the Commission shall be allowed by the orders of the Registrar or any other officer duly authorized in this behalf.

52. Application for grant of inspection – (a) Application for inspection of records shall be entertained duly filed by the counsel where Vakalatnama is in file or party in-person and presented at the filing counter of the Registry between 10 a.m. and 3 p.m. on any working day two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.

(b) The Judicial Branch of the Registry shall submit the application with its remarks before the Registrar or the officer authorized to consider applications, who shall on consideration of the same pass appropriate orders.

(c) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day and copy of the record shall not be provided to a third party unless or until the counsel of the parties, who has filed the documents.

53. Fee payable for Inspection - (a) Fee of Rs 20/- shall be charged for inspection of records of a pending case by a party to the case or his legal practitioner or his Agent as the case may be.

(b) A fee of Rs.50 shall be payable on any application for inspection of records of a decided case by a party to the case or his Legal Practitioner or his Agent.

(c) A fee of Rs.100 shall be payable on any application for inspection of records of a pending or decided case by a person other than a party to the case.

54. Mode of Inspection – (a) On grant of application for inspection of the records, the Section Officer in-charge of the Judicial Branch shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10 a.m. and 12.30 p.m. and between 2.30 p.m. and 4.30 p.m. in the presence of an officer authorized in that behalf.

(b) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.

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(c) The person inspecting the records shall not make any marking on any record or paper so inspected. Copying, if any, of the documents/records inspected may be done only in pencil.

(d) The officer supervising the inspection may at any time prohibit further inspection, if in his opinion any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these Regulations and shall immediately make a report about the matter to the Registrar and seek further orders of the Registrar. Note about the same shall be made in the Inspection Register.

55. Maintenance of Register of Inspection – The Section Officer in-charge of the Judicial Branch shall cause to maintain a Register in Form No. for the purpose of inspection of documents/records and shall obtain therein the signature of the person making such inspection.

CHAPTER XII

LEGAL PRACTITIONER BEFORE THE COMMISSION

56. Appearance of legal practitioner – Subject as hereinafter provided no legal practitioner shall be entitled to appear and act in any proceedings before the Commission unless he files a Vakalatnama in the prescribed form duly executed by or on behalf of the party for whom he appears except Senior Advocate so notified by the Competent Authority.

57. Appearance on behalf of Government, etc. – (a) Any legal practitioner appearing on behalf of the Central Government or State Government or any Government servant sued or suing in his official capacity or any authority/corporation/society shall not be required to file a vakalatnama but he shall file a Memo of Appearance in Form No. duly signed by him in each of the cases he intends to appear.

(b) A presenting officer other than a legal practitioner representing any of the parties referred to in sub-rule (a) shall also file a memo of appearance in Form No.

58. Nomination or engagement of another legal practitioner – Where a legal practitioner who has filed the vakalatnama engages or nominates another legal practitioner to appear and argue his client’s case but not to act for the client, the Commission may permit such other legal practitioner to appear and argue.

59. Consent for engaging another legal practitioner – A legal practitioner proposing to file a vakalatnama in any case or proceeding before the Commission in which there is already a legal practitioner on record, shall do so only with the written consent from earlier counsel or from legal practitioner on record or when such consent is refused, with the permission of the Commission.

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60. Access to information - A legal practitioner appearing for the party in any matter before the Commission shall be entitled to communicate personally with or receive any information regarding the said matter from any officer of the Commission subject to such conditions as may be prescribed by the Commission..

61. Form and execution of vakalatnama – (a) Every vakalatnama authorizing a legal practitioner to plead and act shall be in the usual form of Vakalatnama, however it should clearly mention the case number, the name of party for whom Vakalatnama is being filed with full initial and name in capital letters of the counsel as well as executive.

(b) Every vakalatnama shall contain an endorsement of acceptance by the legal practitioner in whose favour it is executed and shall also bear his address for service. If the vakalatnama is in favour of more than one legal practitioner, it shall be signed and accepted by all of them, giving the address for service of any one of them.

62. Restriction on party’s right to be heard – The party who has engaged a legal practitioner to appear for him before the Commission shall not be entitled to be heard in person unless with the leave of the Commission.

63. Dress code – (1) The President and members of every Consumer Forum while presiding over the Benches,-

(a) shall wear simple and sober dress;

(b) shall not wear –

(i) flashy dress or dress display any affluence;

(ii) Jeans or T-shirts.

(iii) as if they are holding Courts as judges of a High Court or a District Court.

(2) The advocates shall be allowed to appear in the usual dress as prescribed by the High Court but without the gown.

CHAPTER XIII

REGISTERED CLERKS OF LEGAL PRACTITIONERS

64. Registration of legal practitioner’s clerk – (a) When an application is made by the legal practitioner for registration of his clerk and the same is allowed by the Registrar, the name of the clerk shall be entered in the Register of clerks in Register No. .

65. Cancellation of registration - (a) The Registrar, may for reasons to be recorded in writing, cancel the registration of any clerk after giving him

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and his employer an opportunity to show cause against such cancellation.

66. Issue of Identity Card – (a) An Identity Card shall be issued in Form No. to every registered clerk of the legal practitioner on his remitting a fee of Rs.100.

(b) The registered clerk shall carry with him the Identity Card and produce the same when required by any official of the registry for identification.

(c) An Identity Card once issued shall be in force for a period of five years unless cancelled earlier.

67. Access to information by registered clerks – The registered clerks, may communicate personally with any Sectional or Departmental Head not below the rank of a Section Officer for information regarding their employers’ matters pending in the Commission.

68. Presentation and return of papers – Registered clerk may present or take return of papers on behalf of the legal practitioner whom he represents.

CHAPTER XIV

AFFIDAVITS

69. Title of affidavits – Every affidavit shall be entitled “In the National Consumer Disputes Redressal Commission at New Delhi followed by the cause title of the application or other proceeding in which the affidavit is sought to be used.

70. Form and contents of the affidavit – (a) Every affidavit shall be drawn up in the first person and divided into paragraph numbered consecutively.

(b) Every affidavit shall contain the full name, occupation, age, father’s/mother’s/husband’s name and address of the deponent. The deponent shall be described with such other particulars as may be necessary to identify him. He shall affix his signature/mark on each page.

71. Corrections/erasures etc. - Corrections, erasures and interlineations shall be initialed by the attestor and the number of corrections made on each page indicated.

72. Persons authorized to attest - Affidavits shall be sworn or affirmed before any Notary or any officer authorize to do so by the State Govt.

73. Affidavits of illiterate, blind etc. – Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence

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to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor in Form No. .

74. Identification of deponent – If the deponent is not known to the attestor, his identity shall be testified by a person known to him. The identifying person shall affix his signature in token thereof.

75. Annexures to the affidavit – Document accompanying an affidavit shall be referred to therein as Annexure NoLL.. The attestor shall make the following endorsement thereon:

“This is the document marked as Annexure NoLL in the Affidavit of

LLLLLL (Signature) Name & designation of the attestor with date”

CHAPTER XVIII

PRONOUNCEMENT OF ORDER

76. Section 13 (4) of Consumer Protection Act is self-explanatory.

CHAPTER XVIII

PRONOUNCEMENT OF ORDER

Regulation 18 (7) of the Consumer Protection Regulation is self-explanatory.

77. Order – The final decision of the Commission on an application/petition/appeal before the Commission shall be described as “Order”.

78. Pronouncement of order – (a) The Bench shall as far as possible pronounce the order within two weeks from the date the hearing stood concluded.

(b) When the orders are reserved, the date for pronouncement not later than two weeks shall be fixed. The date so fixed shall not be changed except with due notice to all parties/counsel.

(c) Reading of the operative portion of the order in the open court shall be deemed to be pronouncement of the order.

(d) Any order reserved by a Circuit Bench of the Commission may be pronounced at the principal seat of the Bench.

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79. Pronouncement of order by any one Member of the Bench – (a) Any one Member of the Bench may pronounce the order for and on behalf of the Bench.

(b) When an order is pronounced under this Rule, the court Master (NS) shall make a note in the order sheet that the order of the Bench was pronounced in open court by the Bench consisting of LLLLLLL.

80. Transmission of order by the court Master – The court Master shall immediately on pronouncement, and after complying with the requirements contained in Regulation100, transmit the order with the case file to the Deputy Registrar or Copying Section of the Registry.

(b) On receipt of the order from the court Master, the Copying Section shall after due scrutiny and thereafter cause to transmit the case file and the order to the Judicial Branch for taking expeditious steps to prepare copies and their communication to the parties. On scrutiny of the orders, if any clerical mistake is notified the corrigendum under sign of Deputy Registrar shall be taken out but any mistake is found in the body of order, the corrigendum shall be signed by the Member of the respective Bench.

81. Compliance of urgent orders – (a) Whenever the Bench passes an order, final or inter-locatory, requiring immediate compliance, the court Master (NS) shall immediately transmit the case file and the order to the Deputy Registrar who shall ensure prompt action on the same day.

(b) Files with Dasti orders should be stapled with “To-day” flags and superscribed with RP/FA/CC/RA/MA/PT No. with the signature of the court Master with date.

82. Placing copies/common orders – When more than one case is disposed of by a common order, the Judicial Branch shall keep the original order in the main case and a certified copy in the other connected case files. In the order sheet of the connected case(s), the Section Officer in-charge of the Judicial Branch shall note that the original order is kept in the main case file (giving its number).

83. Indexing of case files disposal – After communication of the order to the parties/Legal Practitioners/Agents as the case may be, the official concerned shall arrange the records with pagination as per Index Sheet. He shall affix initials and then transmit the records with the Index initials to the records room.

84. Transmission of files/records/orders – Transmission of files/records of the cases/orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections/levels as per the directions of the Registrar.

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CHAPTER XVIII

GRANT OF CERTIFIED COPIES AND FREE COPIES

Regulation 21 of the Consumer Protection Regulation is self-explanatory.

85. Application for copies by 3rd party – (a) Applications for copies of documents (other than orders) by person not parties to the proceedings cannot be issued without the consent of the parties who have filed these documents in their defence.

(b) Copies of orders can however, be granted to any person on payment of prescribed fees..

86. Supply of free copy at once and only once – A copy of the order will be given to the parties free of cost as contemplated under sub rule(9) of Rule 15 of the Consumer Protection Rules 1987. Once free copy of the order is sent the Commission shall not be required to furnish any more copies free of cost.

87. Time for furnishing free copies – (a) Judicial branch of the Registry shall issue free copies of the order to the parties or their legal practitioners or their Agent as the case may be, as provided under rule 15 of the Rules as far as possible within seven days from the date of pronouncement of the order.

(b) If the free copy of the order is delivered by hand to parties/their legal practitioner/their agent, the officer in-charge shall obtain acknowledgement thereof in the relevant column in the Register of Free Copies.

88. Furnishing of free copy in a joint application – When joint application/petition is made, only one free copy of the order contemplated under rule 15 of the Rules shall be issued, either to their legal practitioners/agents or if they are appearing in person, to any one of the applicants.

89. Furnishing of corrected free copy of order – Whenever clerical or typographical errors/mistakes in an order are rectified subsequent to the issue of the free copy thereof, the Registrar shall cause to issue a corrected free copy of such order to the parties/their legal practitioners/agent in the prescribed manner.

CHAPTER XIX

APPEAL TO SUPREME COURT

90. Register of SLPs/Appeals – A register shall be maintained in regard to SLPs/Appeals against the orders of the Commission to the Supreme Court and necessary entries therein be promptly made by the Judicial Branch with the result as per order of the Hon’ble Supreme Court.

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91. Placing of Supreme Court orders before President/Members – Whenever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Commission is received, the same shall forthwith be placed before the President/Members for information and kept in the relevant case file. Immediate attention of the Registrar shall be drawn to the directions requiring compliance.

92. Circulation of the orders of the Supreme Court – All orders of the Supreme Court including dismissal of SLPs or Appeals shall be circulated to the Members of the Bench whose decision was challenged before the Supreme Court and kept in the relevant case file.

93. As soon as the copy of order is received from Supreme Court containing any direction to be complied with by the NCDRC. Deputy Registrar shall submit with the concerned case file to the Registrar not later than 5 days from the date of receipt of the order.

CHAPTER XX

RETENTION, PRESERVATION AND DESTRUCTION OF RECORDS

94. Procedure regarding retention, preservation and destruction of records – Retention, preservation and destruction of records shall be done in accordance with the procedure indicated hereinafter;

A. Preparation of index and separation of Parts. - After receipt of a judicial record in the record section a fresh index in the form contained in Annexure will be prepared. The papers will be numbered and entered in the index under the appropriate part to which it belongs. The part to which a particular paper belongs shall be determined with respect to Annexure attached herewith.

B. Records when treated as having reached completion.-

(a) The Judicial record in a case shall be treated as having reached completion on the date of the final order of the Bench or in the event of an appeal to the Supreme Court on the date of the final order of the Supreme Court, as the case may be.

(b) In the case of registers and other papers in the Judicial Branch the date of completion shall be the date on which the registers were closed and in the case of files and other papers, the date on which the final order was passed thereon.

C. Records when to be taken up for destruction. - All records registers/files shall be retained in the record room from the date of completion till the expiry of the period prescribed and on expiry of such period they shall be destroyed without fall:

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Provided that the Registrar may for reasons to be recorded in writing order that any particular paper or the record of any particular case be preserved beyond such period:

Provided further that original record called from State Commission/District Forum and any other original documents filed by any officer shall not be destroyed if not previously reclaimed, but shall invariably be returned to the office from which they were produced.

D. Supervision of destruction. - The destruction of judicial records and papers shall be carried out from time to time as may be necessary, and subject to the general superintendence of the Deputy Registrar and be supervised by such officer (hereinafter called the Supervising Officer), as may be appointed by the President.

(i) Sale of paper destroyed and credit of sale price.- The paper has certified that the destruction has rendered such judicial records papers of no value, same shall be sold as waste under the orders of the Registrar and proceeds of the sale shall be credited.

E. Period for retention of Parts I & II of the Judicial Record.- Part I & II of the Judicial Record shall be destroyed after the expiry of 5 years and 3 years respectively of Consumer Complaint, First Appeal and Revision Petition cases. However, original signed order be presumed permanently in a folder.

95. Receipt, scrutiny and custody of records – The record keeper shall be the custodian and responsible for the records lodged in the Record Room. He shall receive the records sent to the record room and scrutinize the records within three days of the date of receipt of records in the record room.

96. Rectification of defects/securing of missing records – If on such scrutiny, any defect or missing of documents is found in the records, the Record Keeper shall intimate the same and remit the records back to the branch/section from which the records were received. Thereupon, the Section Officer in-charge of the concerned branch/section shall cause to take steps to rectify the defects/omission so pointed out, and after such rectification re-transmit the records to the record room within three days of its receipt from the record room.

97. Maintenance of Register of Records received in the record room – The Record Keeper shall maintain a register in Register of Records received in the record room.

98. Retention of records beyond prescribed period – The Registrar may for reasons to be recorded in writing and with prior permission of the President order that record of any particular case be preserved beyond the prescribed period provided under these Regulations.

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CHAPTER XXI

MISCELLANEOUS

99. State Consumer Forum – The provisions of these Regulations shall mutatis mutandis govern applications entertained by State Consumer Forum or the District Forum as the case may be, subject to such adaptations as may by order be made by the concerned President of the State Forum or the District Forum as the case may be, on being satisfied that it is necessary to do so in the interest of justice.

100. Use of computers – (a) The President may issue such orders or directions as may be necessary for complying with the provisions for the relevant Regulations with the aid of the computer and for effective use of the computer facility.

(b) Compliance with such orders or directions issued by the President from time to time shall be deemed to be due compliance of the provisions of these Regulations.

101. Monthly statement – Furnishing of - (a) The Registry shall prepare a weekly progress report shall forward a consolidated monthly progress report to the Registrar before the 7th of the each month.

(b) The Registry shall prepare a monthly statement regarding filing, disposal and pendency of cases as well as status of the cases wherein order has been reserved by the respective Member and submit to the Registrar before the 7th of each month for placing before the Hon’ble President.

102. Due compliance with the Act, rules of Procedure and the Regulations – The Registrar or any officer authorized by him may, for the purpose of satisfying himself that the provisions of the Act, the Rules of Procedure and the Regulations are duly complied with , make such enquiry as he deems fit and call upon such party, as he deems necessary to appear before him and pass such orders as he deems proper.

103. Removal of doubt/difficulty – If in the matter of implementation of these regulations any doubt or difficulty arises, the same shall be placed before the President and his decision thereon shall be final.

BY ORDER (H D NAUTIYAL)

REGISTRAR

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Annexure

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

PBX No : 011-24608801, 24608802, 24608803, 24608804 Fax No: 24658509

Consumer Complaint (CC) – 21(a)(i)

Consumer Complaint as provided under Section 21(a)(i) of the Consumer

Protection Act, 1986, where the value of the goods or services and

compensation, if any, claimed, exceeds Rupees One Crore is to be filed in with

the Registry of this Commission within a period of two years from the date on

which the cause of action has arisen. Complaint can be filled on all working

days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground

Floor‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA,

New Delhi-110 023. Consumer Complaint should be signed by the complainant

and supported by a Notarised attested affidavit with 1+3 sets + Number of

Opposite Parties. (with File cover). The Consumer Complaint along with all the

copies should be paginated and duly indexed in the following seriatim:-

1. Index

2. List of Dates

3. Memo of Parties (with fresh complete addresses)

4. Complaint with Notarised attested affidavit

5. Supporting documents in favour of complaint e.g. receipt, voucher

etc. (All the Annexures must be attested as True Copy on the last

page with name & signature)

6. Application for condonation of delay with Notarised attested

affidavit, if beyond limitation. (2 years from cause of action)

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7. Fee for Rs.5,000/- for making Consumer Complaint (Demand

Draft in the name of The Registrar, NCDRC, New Delhi)

First Appeal (FA) – 19

First Appeal as provided under Section 19 of the Consumer Protection Act,

1986-Any person aggrieved by an order made by the State Commission in

exercise of its powers conferred by sub-clause (i) of clause (a) of section 17

may prefer an appeal against such order before this Commission within a

period of thirty days from the date of receipt of the order on all working days

(Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor,

‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New

Delhi - 110 023. First Appeal must be supported by a Notarised attested

affidavit with 1+3 sets + Number of Opposite Parties (with File cover). The First

Appeal along with all the copies should be paginated and duly indexed in the

following seriatim:-

1. Index

2. List of Dates

3. Memo of Parties (with fresh complete addresses)

4. Appeal with Notarised attested affidavit

5. Stay Application, or any other application if any, with Notarised

attested affidavit

6. Application for condonation of delay with Notarised attested

affidavit, if beyond limitation. (Within 30 days of receipt of order)

7. Certified copy of order of State Commission

8. Copy of Complaint, Pleadings, Evidence, Reply & Rejoinder filed

in State Commission and other documents relied on by both

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parties. (All the Annexures must be attested as True Copy on the

last page with name & signature)

9. Demand Draft of the amount as per Section 19 of the Consumer

Protection Act, 1986 (in the name of The Registrar, NCDRC, New

Delhi)

Revision Petition (RP) – 21(b)

Revision Petition as provided under Section 21(b) of the Consumer Protection

Act, 1986-to call for the records and pass appropriate orders in any consumer

dispute which is pending before or has been decided by any State Commission

can be filed with the Registry of this Commission within a period of ninety

days from the date of receipt of the order on all working days (Monday to

Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor, ‘Upbhokta Nyay

Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi - 110 023.

Revision Petition must be supported by an Notarised attested affidavit with

1+3 sets + Number of Opposite Parties (with File cover). The Revision Petition

along with all the copies should be paginated and duly indexed in the following

seriatim:-

1. Index

2. List of Dates

3. Memo of Parties (with fresh complete addresses)

4. Revision Petition with Notarised attested affidavit

5. Stay Application, or any other application if any, with Notarised

attested affidavit

6. Application for condonation of delay with Notarised attested

affidavit, if beyond limitation. (Within 90 days of the receipt of the

order)

7. Certified copy of order of State Commission

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8. Copy of order of District Forum

9. Copy of Complaint, Reply & Rejoinder filed in District Forum /

State Commission and other documents relied on by both parties.

(All the Annexures must be attested as True Copy on the last

page with name & signature)

Transfer Application (TA)– 22B

Transfer Application as provided under Section 22 B of the Consumer

Protection Act, 1986-On the application of the complainant or of its own motion,

the National Commission may, at any stage of the proceeding, in the interest

of justice, transfer any complaint pending before the District Forum of one

State to a District Forum of another State or before one State Commission to

another State Commission, can be filed with the Registry of this Commission

on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at

Ground Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office

Complex, INA, New Delhi-110 023. Transfer Application must be supported by

a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with

File cover). The Transfer Application along with all the copies should be

paginated and duly indexed in the following seriatim:-

1. Index

2. Memo of Parties (with fresh complete addresses)

3. Transfer Application with Notarised attested affidavit

4. Copy of complaint and appeal filed before forum below (All the

5. Annexures must be attested as True Copy on the last page with

name & signature)

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Note :

1. The documents shall be filed in English language only or translated copy

of any other language, duly typed in double space on one side of the

paper. If any supporting documents are not legible the same will not be

accepted until clear legible/photo copies are filed.

2. If the documents are not filed as per in the format mentioned above the

same will be returned to the parties at the counter itself without

acknowledgement and will only be registered after removing the defects.

3. After the issue of notice, any documents in a case, the same has to be

served on the other side and 1+3 sets be filed with proof of service. No

document will be accepted unless filed two days (working days) in

advance from the date of hearing.

4. Henceforth, the review petition/application for recalling of order will be

listed before the bench by way of circulation in chambers.

5. The counsel or the parties appearing in person are filing a common

petition / appeal against common order passed by the State Commission

in a bunch of appeals / complaints. It causes inconvenience to the

Hon’ble Benches to decide the independent issues pertaining to each

matter, such as award of different amounts to different parties, etc.

Hence, the Hon’ble President is pleased to direct the parties / Counsel to

file independent or separate appeals/revision petitions, against each

appeal/complaint decided by the State Commission in the common

order.

6. No. of copies to be filed in the Commission 1+3 sets + Number of

Opposite Parties (with File cover).

7. Caveat Application filed in the Commission in Revision Petition and First

Appeal has to be filed in 1+3 sets alongwith proof of service on Opposite

Parties and also copy of order of the State Commission.

8. Application for Certified copy of order must be made on Letter Head with

signature & Rubber stamp by counsel with a statement that first free

certified copy has not been received either by the party-in-person or their

counsel.

9. Duplicate certified copy shall be issued on payment basis as per

Regulation with a clear endorsement that earlier first free certified copy

was sent by post at the address of the party-in-person or to their

Counsel / Authorized Representative.

BY ORDER HON’BLE PRESIDENT

NCDRC REGISTRAR

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ITEM NO. 2ITEM NO. 2ITEM NO. 2ITEM NO. 2 Training oTraining oTraining oTraining of State Commissionf State Commissionf State Commissionf State Commission //// District Forum Members at District Forum Members at District Forum Members at District Forum Members at Judicial Academy of the respective States.Judicial Academy of the respective States.Judicial Academy of the respective States.Judicial Academy of the respective States.

The Consumer Protection Act, 1986 has been enacted by the

Government of India to provide for better protection of the interest of

consumers and for that purpose to make provision for the establishment

of consumer councils and other authorities for the settlement of

consumers’ disputes and for matters connected therewith.

In pursuance thereto Consumer Disputes Redressal Commission

at the District level have been set up U/s 9 of the Act. The composition of

the District Forum is indicted U/s 10 of the Act. There is no difficulty for

the Judicial Members to discharge the functions enshrined under the Act.

But those appointed on the non-judicial side need to be acquainted with

judicial work and, therefore, it is proposed that the Members appointed in

the District Forum be provided with some orientation programme on their

induction in the local State Judicial Academy, which will have a far

reaching consequence resulting in better efficiency leading to

acceleration in the disposal of cases.

Accordingly, the subject is placed before the Conference for

deliberations whether all Judicial Academies of the States may be

requested to take steps for imparting orientation programme / training to

the newly inducted members in the District Forum.

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ITEM NO. 3ITEM NO. 3ITEM NO. 3ITEM NO. 3

English translation of the documents to be filed with the English translation of the documents to be filed with the English translation of the documents to be filed with the English translation of the documents to be filed with the documents in vernaculardocuments in vernaculardocuments in vernaculardocuments in vernacular (Part of Regulation)(Part of Regulation)(Part of Regulation)(Part of Regulation)

National Commission is hearing the Appeals and Revision

Petitions filed U/s 19 and 21 (b) respectively of the Consumer Protection

Act, 1986. It has been noticed that the State Commissions and District

Forums are passing final orders in the complaints as well as in Appeals

filed before them in regional languages. Subsequently, aggrieved party

files Appeal/Revision Petition before this Commission with the certified

copies of the impugned orders passed in regional language, causing

difficulty to the Members of the National Commission. Members find it

difficult to appreciate the point involved.

Since it is not possible to appoint a Translator in this Commission

to get the impugned orders passed in regional language such as in

Tamil, Malyalam, Marathi, Gujarati, Bengali, Kannada etc. to translate in

English, consequently Hon’ble President of the National Commission has

written to the President of all the State Commissions by way of a demi

official letter to send English translation of the impugned order alongwith

the order passed in vernacular language of the State as per Scheme U/s

24B (1) (ii) of the Consumer Protection Act, 1986 quoted below:

“24B. Administrative Control – (1) The National Commission

shall have administrative control over all the State Commissions in

the following matters, namely:

:: 33 ::

(i) LLLLLL.

(ii) Issuance of instructions regarding adoption of uniform

procedure in the hearing of matters, prior service of copies of

documents produced by one party to the opposite parties,

furnishing of English translation of judgments written in any

language, speedy grant of copies of documents;LLLLL.

It may further be mentioned here that the Registry of this

Commission is requesting the parties, who are filing the Appeals and

Revision Petitions, before this Commission to file the English translation

of all the vernacular documents but the parties are also unable to get the

documents properly translated in English, as a result a number of cases

are pending to be listed for admission hearing before the National

Commission for want of English translation of regional language of the

respective State.

Papers are placed before the Conference for deliberations on the

subject whether an amendment in the Act may be proposed indicating

English as the official language for the National Consumer Disputes

Redressal Commission / State Commission, with a liberty to District Fora

to use the English as well regional language while finalizing the order in a

complaint case.

:: 34 ::

ITEM NO. 4ITEM NO. 4ITEM NO. 4ITEM NO. 4 Pay & Perquisites to State CommissionPay & Perquisites to State CommissionPay & Perquisites to State CommissionPay & Perquisites to State Commission //// District Forum District Forum District Forum District Forum MembersMembersMembersMembers

Dr. P.D. Shenoy Committee was set up to consider various issues

importantly to recommend the Pay & Perquisites to the Members of State

Commission/District Forum.

However, during discussion in the Conference of Registrars it was

brought home that only two State Governments namely, State

Government of Haryana and Kerala, have alone implemented the

recommendations contained in the Shenoy Committee Report regarding

payment of remuneration or salary to the Members of the State

Commissions and District Forums. The National Commission was

therefore authorized during the Conference to take up the matter with all

State Governments impressing upon them the need to follow the module

of State of Haryana and Kerala so that good brain may be attracted to

join the State Commission or District Forum, presently lagging behind on

this aspect. It has also been experienced while interacting with the

District Forum at the Indian Institute of Planning & Management Training

Program, that large number of District Forum Members are not able even

to communicate and to express themselves. They are also not able to

write the orders, resulting in total burden on the President of State

:: 35 ::

Commission/District Forum. If that be so, it is certainly unhappy state of

affairs.

Accordingly, it is requested kindly to implement the Shenoy

Committee Report by equating the pay and perquisites of State

Commission / District Forum Member at par with the Kerala State

Commission Member and District Forum Member attracting capable and

competent people to join State Commission or District Forum. A copy of

Dr. Shenoy Committee Report is placed below.

:: 36 ::

Recommendations of the Committee Constituted under the Chairmanship

of Dr. P D Shenoy, Member, NCDRC, to consider the following issues:

(xi) To examine the administrative and financial powers of the

Presidents of the State Commission and make

recommendations to ensure the effective functioning of the

State and District Fora.

(xii) To study the imposition of cost and levying of fees by the

State and District Fora and to suggest guidelines for their

proper and effective utilization.

(xiii) To examine the necessity of conducting induction training to

the new Members of the State and District Fora and make

suitable recommendations.

(xiv) To suggest suitable guidelines for grant of pay and perquisites

to the Members of the State and District Fora.

The following Members were present:

1. Hon’ble Mr Justice N K Jain, President, Madhya Pradesh State

Consumer Disputes Redressal Commission

2. Hon’ble Justice Mr B B Vagyani, President, Maharashtra State

Consumer Disputes Redressal Commission

3. Hon’ble Justice Mr R C Kathuria, President, Haryana State

Consumer Disputes Redressal Commission.

The recommendations of the Committee are as follows:

1. To examine the administrative and financial powers of the

Presidents of the State Commission and make

recommendations to ensure the effective functioning of the

State and District Fora.

In order to translate the mandate, of the Hon’ble Supreme Court in

the case of State of Uttar Pradesh vs Jeet Singh Bisht and Others,

(Special Leave Petition No. 6928 of 1999) as per order dated 10th

July, 2002 as well as the State of Rajasthan and Others vs Anand

Parkash Solanki, (Civil Appeal No. 6733 of 2003) as per order dated

25th August, 2003. (Annexure ‘A’ & B) into a reality and to have

effective control over the functioning of the State Commissions and

:: 37 ::

the District Fora in terms of the Provisions of Section 24 B of the

Consumer Protection Act, 1986;

It is recommended that various State Governments may incorporate

the following Rules in their existing Consumer Protection Rules;-

(a) The President of the State Commission shall be Head of the

Department and Controlling Authority for the purposes of Book/

Code of Financial Powers.

(b) Appointment of Officers and staff (except the President and

Members) of the District Fora and State Commission shall be

made by the President of the State Commission;

Provided that the cadre, number, salaries and allowances of such

officers and staff shall be fixed by the State Government by Rules

to be made in consultation with the President of the State

Commission.

(c) Salaries of such officers and staff shall be defrayed out of the

consolidated fund of the State.

2. To study the imposition of cost and levying of fees by the State and

District Fora and to suggest guidelines for their proper and

effective utilization.

It is suggested that Regulation 11 (5) which provides for imposition of

minimum cost need to be amended and it should be left to the discretion of the

Commission or the District Forum concerned to decide about the quantum of

cost depending on the facts and circumstances of each case.

As regards utilization of costs, the National Commission may frame

appropriate Regulations provided for the purpose and manner of utilizing this

amount. For this purpose, guidelines contained in the Legal Services Act, may

be followed.

Fees for filing complaints of the valuation upto Rs.10,000/- should be

NIL and accordingly Rule 9 A of the Consumer Protection Rules 1987 (Central

Rules) may be amended.

With regard to payment of fees on complaints, existing Table of Rule 9 A

of Consumer Protection Rules, 1987 may be substituted by the following Table:

:: 38 ::

S No. Total value of goods or service and the compensation claimed

Amount of fee payable

(1) (2) (3)

DISTRICT FORUM

1. Upto to one lakh rupees – For complainants who are under the Below Proverty Line holding Antyodaya Anna Yojana cards

NIL

1 A. Upto Rs.10,000/- NIL

2. Upto one lakh Rupees – For complainants other than Antyodaya Anna Yojana card holders

Rs.100/-

3. Above one lakh and upto five lakh rupees Rs.500/-

4. Above five lakh and upto ten lakh rupees Rs.1000/-

5. Above ten lakh and upto twenty lakh rupees Rs.2000/-

STATE COMMISSION

6. Above twenty lakh and upto fifty lakh rupees Rs.5000/-

7. Above fifty lakh and upto one crore rupees Rs.10,000/- NATIONAL COMMISSION

8. Above one crore rupees Rs.25,000/-

9. Above five crore rupees Rs.50,000.-

10. Above ten crore rupees Rs.1,00,000/-

3. To examine the necessity of conducting induction training to the new

Members of the State and District Fora and make suitable

recommendations.

At present help is being taken of the Indian Institute of Public Administration

(IIPA) for imparting training to the Members of the State Commission as well as

Presidents and Members of the District Fora which is being monitored at the

level of the National Commission. The programme and orientation training

needs to be de-centralized at the Headquarter level of the respective State

Commissions by introducing 15 days training programme to the newly inducted

Members of the State and District Fora including the Presidents of the District

Fora so as to equip them with regard to the procedure to be followed while

conducting the complaint cases so as to help them to avoid illegalities being

committed for the smooth functioning of the District Fora. The training

programme shall take care of following aspects:

1. Consumer Protection Act, 1986 and amendments in the

Consumer Protection Act, their judicial implications on different

points.

2. A correct approach of the Judgment writing.

:: 39 ::

3. General principles of Consumer Protection Act to be followed by

the Consumer Fora with reference to the settled law by the

Hon’ble National Commission on the procedure of dealing the

complaints by District Consumer Fora.

4. Settled law in deciding cases related to HUDA etc., Electricity,

Insurance Assurance, Banking and Telecommunications.

5. Procedure of Institution, processing granting of adjournments

recording of zimini orders, granting of interim injunctions,

maintenance of Institution and disposal register, maintenance of

statistical information as per Consumer Protection Act and

instructions issued by the Hon’ble National Commission from time

to time.

6. A peep into Civil Service Rules so far as working of the District

Consumer Fora is concerned demystified.

7. Canons of filing of properties, purchase procedure, store

procedure, writing of loss etc., demystified.

8. Initiating of disciplinary action against the staff under various

Rules/ Government instructions issued by the State Government

and writing of A C R s.

9. Any other topic suitable for trainees to be selected by the

President of the State Commission.

10. The State Government shall provide suitable Budget for this

purpose and keep the amount at the disposal of the President of

the State Commission.

4. To suggest suitable guidelines for grant of pay and perquisites to

the Members of the State and District Fora.

Salary and other allowances of the President of the State Commission

and District Forum (Minus pension drawn, if any)

The service conditions of the President of the State Commission shall be

the same as that of a sitting Judge of the High Court.

Member of the State Commission appointed on a whole-time basis shall

be entitled to pay and allowance as are available to a sitting District Judge.

:: 40 ::

Provided that if a Member of the State Commission appointed on a part-

time basis he/ she shall be paid Honorarium of not less than Rs.1000/- and

conveyance allowance of not less than Rs.300/- per day’s sitting.

The President of the District Forum shall be entitled to pay and

allowances payable to a sitting District Judge (Minus pension drawn, if any)

Members of the District Forum appointed on whole time basis shall be

entitled to not less than Rs.15,000/- per month by way of Honorarium plus not

less than Rs.3000/- as conveyance allowance per month.

Provided a Member of the District Forum appointed on a part-time basis,

he/ she shall be entitled to Honorarium of not less than Rs.600/- and

conveyance allowance of not less than Rs.150/- per day’s sitting.

Sd/- [ P D Shenoy ]

Member, NCDRC 07.05.2008

:: 41 ::

COMPARATIVE STATEMENT SHOWING THE

HONORARIUM/REMUNERATION BEING PAID TO HON’BLE PRESIDENTS & MEMBERS OF STATE COMMISSIONS AND PRESIDENTS & MEMBERS

OF DISTRICT FORUMS

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

1. Andhra Pradesh

The Pay and Perquisites being paid on par with the sitting Judge of High Court

Consolidated Honorarium Rs.51,550/- p.m.

Consolidated Honorarium Rs.51,550/- p.m.

Consolidated Honorarium Rs.39,530/- p.m.

2. Arunachal Pradesh

Pay minus Pension as on the date of retirement. Sumptuary allowance of Rs.2000/- plus other perks like POL

Rs.400/- per day’s sitting

Rs.400/- per day’s sitting

Rs.250/-per day’s sitting

3. A & N Islands Part-time – Rs.1000/- Per day sitting.

Part time – Rs.400/- per day sitting

Part time – Rs.500/- per day sitting.

Part time – Rs.250/- per day

4. Assam Whole Time – High Court Judge + 75 Ltrs. of petrol per month Part-time – Honorarium – 1500/- + Rs.200/- Conveyance Allowance Per day

Whole Time – Last pay drawn minus pensions Or Honorarium Rs.20,000/- + 60 Ltrs. of petrol per month Part-time – Honorarium – 1000/- + Rs.200/- Conveyance Allowance Per day

Whole time – salary of District Judge + 60 Ltr. of Petrol per month Part-time – Honorarium – 1000/- + Rs.150/- Conveyance Allowance Per day

Whole Time – Honorarium Rs.20,000/- + 50 Ltrs. of petrol per month Part-time – Honorarium – 600/- + Rs.150/- Conveyance Allowance Per day

5. Bihar Rs.26,000/- + other allowances admissible to Hon’ble Justice (-) Pension

Rs.10,000/- p.m. Pay of District Judge (-) Pension

Whole time – Rs.7,500/- p.m. + Rs.400/- Transport Allow.

:: 42 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

6. Chandigarh Last pay drawn less Pension

Rs.20,000/- p.m. (consolidated) + Conveyance Rs.150/- per day sitting

Last pay drawn less Pension

Rs.12,000/- p.m.

(consolidated) + Rs.150/- per day sitting

7. Chhattisgarh High Court Judge salary minus Pension

Rs.15000/- p.m. Salary of D.J. Rs.10000/- p.m. for full time Forum Rs.500/- per day for part-time Forum

8. Daman & Diu and D & N Haveli

Whole Time – High Court Judge. Part-time – Rs.500/- Per day

Whole Time – Rs.3,000/- p.m. Part time – Rs.300/- per day

Whole time – salary of District Judge Part time – Rs.300/- per day

Whole time – Rs.2,000/- p.m. Part time – Rs.200/- per day

9. Delhi Whole Time – High Court Judge. (Rs.26,000/- fixed)

Rs.10,000/- p.m. Honorarium + Conveyance Rs.9500/ per month.

salary of District Judge (Rs.18400-22400)

Rs.9,000/- p.m. (Honorarium). + Rs.9500/ per month.

10. Goa Salary, Allowances, and perquisites as those of a sitting judge of the High Court

Rs.500/- per day sitting. + Rs.200/- per day conveyance allowance if residing beyond 20 Kms. Rs.100/- per day conveyance allowance if residing within 20 Kms. No conveyance allowance if they travel by Govt.

Rs.500/- per day sitting. + Rs.200/- per day conveyance allowance if residing beyond 20 Kms. Rs.100/- per day conveyance allowance if residing within 20 Kms.

Rs.400/- per day sitting. + Rs.200/- per day conveyance allowance if residing beyond 20 Kms. Rs.100/- per day conveyance allowance if residing within 20 Kms. No Conv.

:: 43 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

Vehicle

No Conv. Allowance if they travel by Govt. Vehicle.

Allowance if they travel by Govt. Vehicle.

11. Gujarat Whole Time – High Court Judge.

Whole Time – Rs.6,500/- p.m. Part time – Rs.400/- per day sitting

Whole time – salary of District Judge

Whole time – Rs.3,000/- p.m. Part time – Rs.150/- per day sitting.

12. Haryana Salary, allowances and other facilities / benefits as admissible to the sitting Judge of Hon’ble High Court

Rs.40,000/- per month (consolidated honorarium) Facility of Telephone and Rs.1,000/- as conveyance Allowance and Medical Allowance.

salary in the Pay Scale Rs.57700-1230-58130-1380-67210-1540-70290

Rs.20,000/- per month (consolidated honorarium)

13. Himachal Pradesh

Last pay drawn as High Court Judge minus Pension.

Rs.1000/- per day sitting

Pay scale of District & Session Judge.

Rs.750/- per day sitting

14. Jammu & Kashmir

Rs.80,000/- minus pension

Rs.6,000/- Salary Rs.4,000/-

15. Jharkhand High Court Judge less Pension - Rs.44,760/- - 8362 p.m.

Rs.10,000/- p.m. + Rs.400/- conveyance

Salary of District Judge less Pension.

Rs.7,500/- p.m. + Rs.400/- Conveyance

16. Karnataka Salary & Allowances as applicable to the present sitting Judges of Hon’ble High Court of Karnataka

Honorarium Rs.11,000/- p.m. + Rs.2000/- conveyance allowance (per month)

Salary & Allowances as applicable to present sitting District Judges

Honorarium Rs.8,000/- p.m. + Rs.1000/- conveyance allowance (per month)

:: 44 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

17. Kerala Rs.1,04,180/- p.m. (High Court Judge)

Judicial Member 65723/- Salary Other Members 32,000/- Honorarium

Whole time – salary of District Judge (Rs.80,168/-)

Honorarium Rs.32,000/-

18. Lakshadweep Rs.750/- Per day of sitting, subject to a minimum of Rs.3000/- p.m. and TA/DA as applicable to the Judges of High Court also provided a residential telephone

Rs.300/- Per day of sitting, subject to a minimum of Rs.2000/- p.m. and TA/DA as applicable to Grade-I Officer of the State Government

Rs.450/- Per day of sitting, subject to a minimum of Rs.2500/- p.m. and TA/DA as applicable to Grade-I Officer of the Central Government

Rs.200/- Per day of sitting, subject to a minimum of Rs.1500/- p.m. and TA/DA as applicable to Grade-I Officer of the Central Government

19. Madhya Pradesh

President of the State Commission receive the salary of the Judge of High Court (-) minus pension.

Rs.1000/- per day sitting + Rs.200/- Conveyance allowance

President of the District Forum receive the salary of the Judge of a District Court.

Rs.500/- per day sitting + Rs.100/- conveyance allowance

20. Maharashtra As High Court Judge (Retd.)

Judicial Member: If Sitting District Judge : Pay & Allowances of + Deputation Allowance + 75 liters petrol p.m. If Retired District Judge : Pay minus (-) pension Non-Judicial Member : Honorarium Rs.500/- per sitting + Rs.200/- Conv. Allowance. Rs.10,000/- pre

If selected by nomination from the Advocates who are qualified to be District Judge : Rs.37,400/- + Rs.8,700/- and allowances. If Sitting District Judge : Pay & Allowances of + Deputation Allowance + 75 liters petrol p.m.

Part-Time : Rs.400/- Honorarium per sitting + Rs.200/-, 100/- & 75/- conveyance allowance per day for Mumbai City & Mumbai Suburban District, Municipal Corporation Cities & other Cities respectively. Whole-time Basis : Rs.8000/- per

:: 45 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

mensem if appointed on whole time basis. If selected from the Retd. Dy. Sec. or equivalent : Pay minus (-) pension

If Retired District Judge : Pay minus (-) pension

mensem. If Retired Under Secretary : Pay minus (-) pension

21. Manipur Rs.1000/- per sitting as prescribed by the State Govt from time to time.

Rs.4,000/- p.m. as prescribed by the State Govt.

Rs.4,000/- p.m. as prescribed by the State Govt.

Rs.2500/- p.m. as prescribed by the State Govt.

22. Meghalaya Whole Time – if sitting high court Judge – High Court Judge. If retd. – Rs.5,000/-p.m Part-time – Rs.200/- Per day

Part time – Rs.175/- per day

Whole time – Rs.2000/- other than drawn from other service. Part time – Rs.150/- per day

Part time – Rs.75/- per day

23. Mizoram Whole Time – High Court Judge. Part-time – Honorarium @ Rs.350/- Per day

Whole Time – Rs.7500/- p.m. Part time – Honorarium @ Rs.300/- per day

Whole time – salary of Mizoram Judicial Service in Grade –I (Junior).

Part time – Rs.300/- per sitting a day.

Whole time –Honorarium @ Rs.7,000/- p.m. Part time – Rs.250/- per sitting a day.

24. Nagaland Rs.750/- per sitting.

Rs.500/- per sitting.

District Judge Pay, if appointed on whole time basis OR Rs.150 per sitting.

Rs. 2000/- per month and Rs.100/- per day on part time basis

25. Orissa Salary of sitting Judge High Court Judge less

Rs.12,500/- p.m. Rs.8,500/- p.m.

Rs.6,500/- p.m.

:: 46 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

Pension.

26. Puducherry Honorarium @ Rs.20,000/- per month S/F Rs.500/- Per day

Honorarium @ Rs.1500/- S/F Rs.200/- per day

Scale of pay of Rs.16750-400-19150-450-20600

Honorarium Rs.15,000/- p.m.

27. Punjab Hon’ble President of the State Commission is paid salary of last pay drawn as Judge of High Court minus pension.

Whole Time Rs.20,000/- p.m. Part-time: Rs.1000/- per day sitting subject to maximum of Rs.20000/- p.m.

If retired Distt./Addl. District Judge, he is paid last pay drawn minus pension plus usual allowances. If appointed from Advocates, he is paid salary as admissible to District Judge.

Whole time – Rs.12,000/- p.m. Part time – Rs.300/- per day sitting.

28. Rajasthan Last Pay + DP – Pension + other Allowance as per order of Govt. of India / State Govt.

1. Judl. Member retd. RHJS Officer. Last Pay + DP – Pension + DA + HRA + CCA as per Govt. of Rajasthan Rules. 2. Other Members Hon. Rs.15000/- fixed.

RJHS Officer Pay + DP + HRA + CCA as per Rules. Retd. RHJS, Officer Pay + DP – Pension + DA + HRA + CCA as per Govt. of Rajasthan Rules.

Honorarium – Rs.10000/-

29. Sikkim President is the sitting Judge of the High Court of Sikkim. No honorarium / remuneration is paid to His Lordship

Rs.5000/- per month + Conveyance Allowance of Rs.300/- per sitting is paid.

President is the sitting District & Sessions Judge. Honorarium of Rs.350/- per sitting is paid.

Rs.3000/- per day month + Conveyance Allowance Rs.150/- per day sitting.

30. Tamil Nadu Retired High Honorarium Retired Independent

:: 47 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

Court Judge Last Pay drawn minus Pension

Rs.10000/- + Rs.2000/- Conveyance Allowance p.m.

District Judge Last Pay drawn - Pension

District Forum – Honorarium Rs.7500/- p.m.+ Conveyance

Rs.1000/-pm

Combined District Forum – Honorarium Rs.5000/- p.m. + Conveyance Rs.1000/- p.m.

31. Tripura Whole Time – High Court Judge. Rs.90,000/- + Pension and Govt. Vehicle

Rs.300/- per sitting and Govt. Vehicle

Rs.300/- per sitting (Distt. Judges are holding the post)

Rs.200/- per sitting

32. Uttar Pradesh Last Pay drawn less Pension +HRA @ Rs.10000/- + CCA + S.A.+D.A. Part Time – Rs.500/- per day

Honorarium Rs.15262/- + HRA @ Rs.3000/- + Conveyance @ Rs.2630/- p.m. Part Time – 400/- per day

Whole time – last pay drawn less Pension + DA+HRA @ Rs.2400/- p.m. + Conveyance – Rs.1830/- p.m. Part time – Honorarium Rs.400/- per sitting + HRA @ Rs.800/- p.m. + Conveyance Rs.1830/- p.m.

Whole time – Rs.10176/- p.m. + HRA @ Rs.1800/- pm + Conveyance Rs.1830/- p.m. Part time – Rs.300/- per sitting + HRA@ Rs.1800/- pm + Conveyance Rs.1830/- p.m.

:: 48 ::

Sl. No.

NAME OF THE STATES

STATE COMMISSIONS DISTRICT FORA

Hon’ble Presidents Members Presidents Members

33. Uttarakhand Last pay drawn as a Judge of High Court less Pension Part-Time : Honorarium Rs.500/- per sitting

Rs.15,262/- p.m. + HRA = Rs.3000/- + Rs.2500 as Vehicle Allowance Part-Time : Honorarium Rs.400/- per sitting

Full Time : Last pay drawn as a H.J.S./D.J. less Pension + Rs.2400 as HRA + Rs.1830/- Vehicle Allowance Part-Time : Rs.400/- per sitting

Full Time : Honorarium = Rs.10,176/- + HRA = Rs.1800/- + Rs.1830 as Vehicle Allowance Part-Time : Rs.350/- per sitting + Rs.50/- as Vehicle Allowance

34. West Bengal Last pay drawn – Pension.

(a) For Retd. Govt. Officials: Last salary minus pension plus Rs.5000/- as con. Allow., if not provided with a car.

(b) For other than retd. Govt. Officials: Hon. Of Rs.20000/- plus Rs.5000/- as con. Allow. p.m. if not provided with a car.

The pay & allowances last drawn as District Judge or Member of Higher Judicial Service minus pension/

Consolidated Honorarium of Rs.15000/- plus Rs.3000/- conveyance allowance p.m.

:: 49 ::

ITEM NO. 5ITEM NO. 5ITEM NO. 5ITEM NO. 5

Declaring the PreDeclaring the PreDeclaring the PreDeclaring the President of State Commission as sident of State Commission as sident of State Commission as sident of State Commission as DepartmentDepartmentDepartmentDepartment and President of District Forum as Head of Office (Can be and President of District Forum as Head of Office (Can be and President of District Forum as Head of Office (Can be and President of District Forum as Head of Office (Can be proposed to be the part of Regulation).proposed to be the part of Regulation).proposed to be the part of Regulation).proposed to be the part of Regulation).

The State Consumer Disputes Redressal Commission, as stated

above, is headed by a person who is or has been a Judge of a High

Court and he is entrusted with the power to ensure sitting of the Court

and to undertake the work as enshrined under the Act or other duties as

related to or connected therewith. However, as per the existing scheme

of things, he does not enjoy the administrative and financial powers of

the Commission, which powers remain with the department of the State

Government leaving hardly any scope for the President to effectively

discharge the functioning of the State Commission, as enshrined under

the Act. This has a far reaching consequences on the functioning of the

Commission since the President of State Commission has no control

over the staff posted in State Commission who continue to be governed

and administered by the Department of Consumer Affairs and

consequently more than once it is noticed that pendency of the cases

rise, no one being available even to take down dictation of the order, the

act which is very unhappy for the consumers whose case are not being

disposed of timely in terms of the provision of the Act.

Keeping the difficulties faced by the State Commission, it was

unanimously resolved in the annual Conferences of the Registrars, that

:: 50 ::

the President of the State Consumer Commission be vested with the

power of department and President of District Forum as Head of

Department as has been done in respect of the President of the National

Consumer Commission (a copy of delegation issued by the Government

of India in respect of the President of the National Commission is placed

below for ready reference).

The staff working in the State Consumer Commission or in the

District Forum shall in that event work under the superintendence control

of the President of the State Consumer Commission. Needless to say

that the recommendation made during the conference of the Registrars

has also been approved by Hon’ble Mr. Justice Ashok Bhan, President of

the National Consumer Disputes Redressal Commission and the minutes

of the Registrar’s Conference has also been forwarded to the Chief

Secretary of all State Governments under direction of the Hon’ble

President, National Consumer Disputes Redressal Commission.

The President, NCDRC is also authorized to declare any of the

appropriate level officers of the NCDRC as Head of Department and

Head of Office to assist him in discharging of his duties in which case

Presidents of the State Commissions when conferred the powers as

proposed would also be authorized to declare any of the appropriate

level officers of the State Consumer Disputes Redressal Commission as

HOD or HOO to assist him.

:: 51 ::

A statement showing the declaration of HOD and HOO is also

placed below with a note that those State Governments, so far has not

taken the steps as per statement, may expedite to solve problem in this

count.

It is, in this view of the matter, proposed that the State Government

may like to confer upon the President of the State Commission powers of

a Department as has been done by the Central Government in respect of

the National Consumer Disputes Redressal Commission.

:: 52 ::

No.O-11011/5/2004-B&F Government of India

Ministry of Consumer Affairs, Food & Public Distribution Deptt. Of Consumer Affairs

Krishi Bhawan, New Delhi Dated the 19

th April, 2004

ORDER

Sanction of the President is hereby conveyed for conferring the powers of the Ministry/Departments of Central Government relating to items as given in Schedule V, VI & VII of the Delegation of Financial Powers Rules 1978 to the President of the National Consumer Disputes Redressal Commission (NCDRC), New Delhi except in the following matters where no delegation is permitted :- i) Creation of posts ii) Re-appropriation of funds from one head to another iii) Purchase of vehicles 2. The President, NCDRC may declare any of the appropriate level officers of the NCDRC as Head of Department and Head of Office to assist him in discharging of his duties. 3. The exercise of these powers will be subject to the general restrictions and conditions as contained in the Delegation of Financial Power Rules, 1978, General Financial Rules, 1963 and Other General Rules Orders issued by the Government of India from time to time and in consultation with Internal Finance Division of the Department of Consumer Affairs, Ministry of Consumer Affairs, Food & Public Distribution.

4. This issues with the concurrence of Internal Finance Division, Department of Consumer Affairs vide their Dy. No. 1312/FA dated 16.04.2004.

Sd/- (S.K. Nayak)

Under Secretary to the Govt. of India To 1. The President, NCDRC

Janpath Bhawan, 5th Floor

New Delhi 2. Member, NCDRC 3. Registrar, NCDRC 4. Pay & Accounts Officer, Deptt. of Consumer Affairs

12-A, Jam Nagar, New Delhi. 5. Principal Accounts Officer, 1688-Curzon Road Hutments

New Delhi. 6. Director(CPU) 7. Budget & Finance/Cash Sections in the Department.

:: 53 ::

STATEMENT REGARDING HEAD OF DEPARTMENT AND HEAD OF OFFICE IN STATE COMMISSIONS

(Update on 31.01.2012)

Sl. No.

States

Whether President State Commission is Head of Deptt.

Whether President of

District Forum is Head of Office

Remarks

1 Andhra Pradesh Yes No

2 A & N Islands No No 0

3 Arunachal Pradesh Yes No

4 Assam No No 0

5 Bihar Yes Yes 0

6 Chandigarh Yes Yes

7 Chattisgarh Yes Yes

8 D & N Haveli / Daman & Diu

No No 0

9 Delhi No Yes 0

10 Goa Yes No

11 Gujrat Yes* Yes *Reg. is HOD

12 Haryana Yes Yes 0

13 Himachal Pradesh Yes Yes

14 Jammu & Kashmir N.A. N.A. 0

15 Jharkhand No Yes 0

16 Karnataka Yes Yes 0

17 Kerala No No 0

18 Lakshadweep No* No* *Being Part Time

19 Madhya Pradesh Yes Yes

20 Maharashtra Yes Yes 0

21 Manipur N.A. N.A. 0

22 Meghalaya Yes Yes 0

23 Mizoram Yes No 0

24 Nagaland No No 0

25 Odisha No Yes

26 Puducherry No Yes 0

27 Punjab Yes Yes 0

28 Rajasthan No* Yes *Reg is HOD

29 Sikkim Yes Yes 0

30 Tamilnadu No* Yes *Reg is HOD

31 Tripura No No

32 Uttar Pradesh Yes Yes

33 Uttarakhand Yes Yes

34 West Bengal Yes Yes 0

Note : 'N.A.' means 'Not Available'.

:: 54 ::

ITEM NO.6ITEM NO.6ITEM NO.6ITEM NO.6

Provisions of Staff in the State Commission & District ForumProvisions of Staff in the State Commission & District ForumProvisions of Staff in the State Commission & District ForumProvisions of Staff in the State Commission & District Forum “Proposed in“Proposed in“Proposed in“Proposed inclusion clusion clusion clusion in the in the in the in the Consumer Protection ActConsumer Protection ActConsumer Protection ActConsumer Protection Act””””

To provide Minimum Staff to State Commission / District Forum -

the Government of India had set up Bagla Committee to report about the

provisions regarding infrastructure to be made for the National Consumer

Disputes Redressal Commission and for the State Consumer Disputes

Redressal Commission. The Committee thereafter submitted a report

laying down the norms for staff requirement for each State Consumer

Disputes Redressal Commission. During the Conference of the

Registrars on 17th December, it was intimated that except in the State of

Uttarakhand and Rajasthan, no other State has implemented the

recommendations as contained in the Bagla Committee Report even

after the lapse of nearly a decade. The President, Members of State

Commission/ District Forum would be hard pressed without the support

of at least minimum skeleton staff and in the process disposal of the

Consumer Complaint as mandated in the Consumer Protection Act would

be the causality leading to the public criticism. Hence, it was resolved in

the Conference that the matter may be taken up with State Governments

impressing upon them the need for implementation of the Bagla

Committee Report so that functioning of the State Commission and

District Forum could be smooth and disposal of cases may attain finality

as mandated in the Act.

:: 55 ::

Accordingly, it is requested kindly to take immediate steps to

implement the Bagla Committee Report in totality to avoid any hardship

to the State Consumer Disputes Redressal Commission in the discharge

of their functions. A copy of the Bagla Committee Report is placed below

for ready reference.

:: 56 ::

BAGLA COMMITTEE REPORT NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION The National Commission was set up in the year 1988. Initially, 37 posts of various categories were sanctioned by the Central Government for the Commission. Subsequently, six more posts were created in terms of an order of the Supreme Court. Thus the total number of posts on the establishment of the Commission at present is 43 and shown in the statement at Annexure ‘A’. There is a manifold increase in the filing of consumer cases in the Commission because of the steady growth of the consumer movement in the country. 17.805 cases have been filed in the Commission since its inception and presently 8,016 cases are pending for disposal. A statement showing the number of cases filed, disposed of and pending as on 1.11.1999 is annexed as Annexure ‘B’. In order to cope up with the increase in work and for its smooth functioning, the National Commission had taken up the matter with the Ministry of Food & Consumer Affairs for the creation of 35 additional posts in June, 1996. The Ministry of Finance, Department of Expenditure has however, sanctioned five temporary posts, viz. one post of Assistant Registrar, one post of Assistant, two posts of LDCs and one post of Stenographer Gr. ‘D’. Section 20 of the Consumer Protection Act, 1986 deals with the National Commission. It consists of the President and four Members. The President of the Commission has to be a person., who is or has been a Judge of the Supreme Court and is entitled to salary and perquisites as available to him in the Supreme Court. A Judge of the Supreme Court is entitled to the following staff:-

Category of Staff Scale of Pay

AR-cum-PPS Rs. 11360-16040 1 Sr. P.A. Rs. 6500 – 10500 1 Staff Car Driver Rs.3050 – 4590 1 Jamadar Rs.2610 – 3540 1 Peons Rs.2550 – 3200 6

Similarly, the four Members of the National Commission are either former High Court Judges or Secretaries to the Government of India. A Judge of the High Court is entitled to the following staff:-

Category of Staff Scale of Pay PPS Rs. 10000-15200 1 PA Rs. 5500 – 9000 1 Staff Car Driver Rs. 3050 – 4590 1 Peon Rs. 2550 – 3200 3

:: 57 ::

In view of the above, the President of the National Commission should be provided the same number of staff as is made available to a sitting Judge of the Supreme Court because he enjoys the same salary and perquisites as are available to a sitting Judge of the Supreme Court. The Members of the National Commission should, likewise, be provided the same staff as is given to a sitting High Court Judge except that only one peon each be posted with the Members. Further a staff car driver may be provided to them after decision on the availability of independent staff car for each Member is taken. In other words, a Principal Private Secretary, one Personal Assistant and one peon should be posted with the Member. Two Court Masters/Readers, preferably shorthand knowing, should assist the Commision in the hearing of matters. They should be Officers in the pay scale of Rs. 6500-10500. The Office of the Commission is headed by the Registrar who is assisting the Commission in all administrative and judicial matters. He also functions as Head of Office and exercise financial powers delegated to him by the Head of Department. One Grade ‘B’ Stenographer has been provided to the Registrar. However, only one peon attends to the Registrar and the Deputy Registrar. It is essential that a peon is provided exclusively to the Registrar as per his entitlement. The Commission has presently no post of Joint Registrar. Section 24B of the Act lay downs that the National Commission shall exercise administrative control over all the state Commissions and through the State Commission over the District Forums. As such, the services of an officer of the level of Joint Registrar are essential for assisting the National Commission in performing its function of administrative control. There is only one post of Deputy Registrar in the Commission who looks after the Judicial, Administrative and Accounts Sections. Keeping in view the volume of work involved, it is essential that there should be at least two posts of Deputy Registrars; One Deputy Registrar may look after the work on the judicial side and the other for the administrative side. Originally, only one post of Assistant Registrar was sanctioned. One more post of Assistant Registrar has now been created by the Ministry of Finance. Assistant Registrars supervise the work of Judicial and Administration branches as well as preparation of daily cause list. The post of Joint Registrar may be created in the pay scale of Rs. 14,300-18,300. The post of Deputy Registrar in this Commission is in the scale of Rs. 12,000-16,500, and are equivalent to Director and Deputy Secretary in the Govt, of India who are entitled to a Personal Assistant/Grade ‘C’, stenographer in the scale of Rs. 5500-9000. Therefore, one Stenographer may be provided to the Joint Registrar and one each to the Deputy Registrars.

:: 58 ::

The posts of Assistant Registrar in this Commission are in the pay scale of Rs. 10,1000-15,200 which is equivalent to the pay scale of an Under Secretary to the Govt. of India. A Stenographer Grade ‘D’ in the pay scale of Rs. 4000-6000 is attached with an Under Secretary. Two posts of Grade ‘D’ Stenographers in the scale of Rs. 4000-6000 may, therefore, be created for the Assistant Registrars. One peon each with the Joint Registrar and Deputy Registrars and one peon for two Assistant Registrars may be provided in terms of Govt. of India’s instructions. As the National Commission exercise three types of jurisdictions viz. Original, Appellate and Revisional, three independent Branches should be set up to deal with each of the three categories of cases. On the administration side, there should be an Establishment/Administration Branch and an Accounts Branch. An officer of the level of Section Officer in the scale of Rs. 6500-10,500 should be Incharge of the Judicial and Administration Sections respectively. The Establishment/Administration Branch and Accounts Branch should be supervised by an Officer of the level of Section Officer. Coming now to the staff strength in the Judicial Branches, it may be mentioned that as on 1.11.99. 1285 Original Petitions are pending. The entire work load is being handled by one UDC and one LDC. On account of acute shortage of staff, we are even utilizing the service of two Class –IV officials to assist the Original Branch staff.. Considering the volume of work and highly inadequate staff, there is an utmost need to augment the strength of the Original Branch. While determining the staff strength of the District Forum and the State Commission, it has been stated that not more than 250 files should be earmarked for a seat to be manned by a Dealing Assistant and LDC. Adopting the same criteria, five Assistant and five LDCs should be provided for the Original Branch. In other words, four more posts of Assistant and four posts of LDCs should be created to cope with the existing load of work. 2,627 Appeals are pending at present. There is only one Assistant in the Branch. Here again, the services of Class-IV officials are being utilized. Needles to say that the lone officials in the Branch is over-burdened and staff strength must be increased commensurate with the work load. The follow up action in Appeals and Revisions is somewhat less compared to Original Petitions. It, therefore seems appropriate that posts should be created on the basis of 500 files per seat. Considering the pendency, the work must be apportioned among five seats, each of which must be manned by an Assistant and LDC. To put it concretely, at least five Assistant and five LDCs should be posted in the Branch. The pendency in the Revision Petition Branch is the highest. 4,104 Revision Petitions are pending. Only three LDCs assisted by a couple of Class-IV officials are looking after the work of the Branch. The Revision Petitions filed in the Commission are first listed before the Commission and depending upon the order passed, follow up action is taken by the officials. To handle this work load, there should at least be eight Assistant and eight LDCs.

:: 59 ::

In the Administration Branch, we have only one Upper Division Clerk. He is looking after the purchase of stores and stationery items. This Branch also deals with establishment matters which are dealt with by the Assistant Librarian because no official has been earmarked for establishment matters. Section Officers of Revision Petition Section is looking after the work of Administration/ Establishment/Accounts Branch in addition to his duties. It is, therefore, incumbent that there should be an independent Section Officer, one Assistant and one UDC to look after Establishment/Administration/Accounts matters. In Accounts Branch, only one Assistant has been provided. He does not possess any accounting qualification like S.A.S. It is pertinent to mention that deposits are made in this Commission by the contending parties, in accordance with the orders of the Commission. Handling of these deposits, viz. obtaining FDRs, enchasing them, making payment to parties etc. entails a lot of accounting work. Accounts Branch dealing with financial matters must, therefore, have an Officer of the level of Accounts Officer with requisite qualification and experience, one Assistant/Treasurer and one type knowing UDC. There is no post of Translator in this Commission. Govt. of India has recently desired this Commission to forward a proposal for the creation of a post of Hindi Translator and Hindi typist. It is therefore, recommended that a post of Hindi Translator in the pay scale of Rs. 4000-6000 and one post of Hindi typist/LDC in the pay scale of Rs. 3050-4590 may be created. The National Commission is an apex body deciding consumer complaints received from all over the country. Against the decision/order of the Commission, the consumers can approach the Hon’ble Supreme Court by way of an appeal. The Office has to maintain record of decided cases because the Registry of the Supreme Court calls for the original records from the Registry of the National Commission. Presently, there is no post of Record Keeper and the Commission has disposed of about 9680 cases. In order to maintain the record, one UDC, one LDC and one peon would be required. A filing counter may be set up in the Commission for receiving complaints, Appeals and Revisions as well as for maintaining institution registers for issue/dispatch of Notices. One post of Assistant and one post of UDC may be created for the filing counter. There is no satisfactory system of inspection of records by the Counsel/parties. A post of Assistant should be created and the incumbent appointed against this post may receive applications for inspection of records and make available the same under the supervision of the Registrar. The National Commission is maintaining a Library for reference purposes, for which one Assistant Librarian and one Junior Library Attendant have been provided. As earlier stated, the Assistant Librarian is also looking after the establishment matters and, therefore,

:: 60 ::

Is unable to devote to his work whole-heartedly. A post of Librarian may be created in addition to the post of Assistant Librarian and Junior Library Attendant. There are three cars and two posts of Staff Car Drivers in this Commission. One of the three cars is for the President and thus there is one driver for two staff cars. For the time being, a post of one staff car driver is required to be sanctioned, pending the decision on the availability of independent staff car for each Member. A post of Despatch Rider is also essential for effecting service of notices issued by this Commission. This will result in considerable saving of postage used for issuing notices along with copies of Original Petitions. Appeals and Revision Petitions to the opposite parties for filing their version of case. There are two photo-copier machines which are being operated by Class-IV officials. These machines are highly sensitive and unless these are handled by trained operators, there may be technical and operational problems. It is, therefore, proposed that two posts of photo-copier operators may be created. One Daftry for each of the Judicial Sections, Administration Section and Accounts Section may also be provided for arranging the record in the Branches. One peon each may be provided in the three Judicial Branches, one in the Administration Branch and one in the Accounts Branch. Thus five posts of peons may be created. The Office of the Commission is located on the 5th Floor in ‘A’ Wing and 7th Floor in ‘B’ Wing of Janpath Bhawan. One sweeper may be posted on each of the two floors for cleanliness of the building. There should also be two posts of Chowkidar. In view of the position, as explained above, the following staff will be necessary for the National Commission:-

Registrar : 1 Joint Registrar : 1 Deputy Registrar : 2 Assistant Registrar : 2 AR-cum-PPS : 1 PPS : 4 Sr. P.A. : 1+4 Court Master : 2 Accounts Officer : 1 S Os : 4 Librarian : 1 Grade ‘B’ Stenographer : 1 (for Registrar)

:: 61 ::

Grade ‘C’ Stenographer : 3 (for Joint Registrar and Deputy Registrar) Grade ‘D’ Stenographer : 2 (for Assistant Registrar) Assistants : 22 Original Petition : 5 First Appeal : 5 Revision Petition : 8 Establishment : 1 Accounts : 1 Filing Counter : 1 Inspection Branch : 1 U.D.C. : 4 Record Room : 1 Filing Counter : 1 Administration : 1 Accounts : 1 L.D.C. : 19 Original Petition : 5 First Appeal : 5 Revision Petition : 8 Record Room : 1 Hindi Translator : 1 Hindi Typist : 1 Asstt. Librarian : 1 Junior Library Attendant : 1 Daftry : 5 Staff Car Driver : 3 (one for President and two for the Office) Jamadar : 1 Peons : 21 Dispatch Rider : 1 Photo-copier Operator : 2 Sweeper : 2 Chowkidar : 2

STATE CONSUMER DISPUTES REDRESSAL COMMISSIONS

Section 16 of the Consumer Protection Act lays down that a State Commission shall consist of a President and two Members. The President of the State Commission has to be a person who is or has been a judge of the High Court. A Judge of a High Court is entitled to the following staff; in addition to three peons

:: 62 ::

i) PPS/PS -1

(In the pay scale of Rs. 10,000-15,200)

ii) Personal Assistant -1 (In the pay scale of Rs. 5500-9000) iii) Staff Car Driver -1 (In the pay scale of Rs. 3050-4590) The President of the State Commission may be given this staff. As regards Peons, a consolidated recommendation is being made separately, out of which the President may have peons. For Members personal staff may consist of two Stenographers in the pay scale of Rs. 5500-9000 and 2 Peons in the pay scale of Rs. 2550-3200. A Court Master/Reader may be provided to assist the President and Members of the State Commission in the Court. This officer should be in the pay scale of Rs. 5500-9000. The State Commission should have a Registrar in the pay scale of Rs. 8,500-13,500/-. He will assist the State Commission in all judicial and administrative matters. A shorthand knowing LDC in the pay scale of Rs. 3050-4590/- who may work as Personal Assistant to the Registrar and one Peon may be provided to him. The State Commission exercise Original, Appellate and Revisional jurisdiction. Therefore, two sections may be created – one for the Original Petitions and the other for Appeals and Revisions. A post of Administrative Officer (Class-II) may be created for an overall charge of these Sections. Each section should be headed by an officer of the rank of Dy. Superintendent in the pay scale of Rs. 5000-8000. In each of these judicial sections, seats of dealing assistant may be created to handle 250 files per seat. The dealing assistant should be assisted by an LDC. Thus one Assistant and one LDC should be provided in each of the two sections for every 250 files. The total number of staff in the judicial sections can, therefore, be worked out keeping in view the total number of pending files dealt with therein and adopting the criteria of 250 files for one Assistant and one LDC. Besides, one Peon may be posted in each section. In the State Commissions, orders are at times dictated in regional language because the consumers are not conversant with the English language. We, therefore, recommend that a post of regional language, Stenographer in the scale of Rs. 4000-6000 may be created. A Post of Assistant and a type knowing LDC may also be created for the Establishment/Administration Branch.

:: 63 ::

Accounts Branch of the State Commission should be supervised by an Accountant in the pay scale of Rs. 5500-9000. One Bill Clerk and a type knowing LDC may be provided in the Accounts Branch for its smooth functioning. A good Library is absolutely essential for a quasi-judicial body like the State Commission. Therefore, a trained Librarian in the pay scale of Rs. 5500-9000 may be posted for manning the library. A filing counter may be created for receiving complaints, appeals and revisions, for maintaining institution registers and issue/dispatch of notices. There should be two clerks and one peons for the Filing Counter in the pay scale of Rs. 3050-4590 and Rs. 2550-3200 respectively. An LDC and one Peon will be necessary for inspection of record which will be made available by them under the supervision of the Registrar. A record room may be set up in each of the State Commissions for keeping files of decided cases. One LDC and one Peon may be posted in the record room for arranging files, entering in the Access register and for weeding out the record. A Post of Despatch Rider is also essential for effecting service of notices issued by the State Commission. This will save considerable amount incurred on postage for sending copies of the complaints appeals revision petitions to enable the opposite party(s) to file its/their versions of the case. Two posts of Daftry, two posts of Sweeper and two posts of Chowkidar may also be sanctioned, keeping in view the requirements of the office as well as the President and Members of the Commission. To sum up, the staff requirement of the State Commission will be as under:- For President : i) PPS/PS -1 ii) PA -1 iii) Staff Car Driver -1 For Members : i) Stenographers -2 For Office :

i) Registrar -1 ii) A.O. (Group ‘B’) -1

:: 64 ::

iii) Dy. Superintendent -2 (1each for Original and Appellate/Revision Sections) iv) Court Master -1 v) Accountant -1 vi) Librarian -1 vii) Assistant (s) for Branches viii) Regional language Steno. –1

ix) LDC(s) for Branches x) P.A. to Registrar/Shorthand

Knowing LDC -2 xi) Filing Clerks (LDC) -1 xii) Inspection Clerk (LDC) -1 xiii) Record Keeper (LDC) -1 xiv) LDC for Estt. Branch -1 xv) Bill Clerk (LDC) -1 xvi) Typist (LDC for A/cs. Branch) -1 xvii) Despatch Rider -1 xviii) Daftry -2 xix) Peons -10 (for President, Members, Registry, two branches and five Offices) xx) Sweeper -2 xxi) Chowkidar -2 Note : One Assistant and One LDC for every 250 pending files. The number of Posts may be sanctioned keeping in view the total pendency. For the States which have a pendency of less than 500 cases, the staff strength shall be as follows : - For President 1. PPS/PS : 1 2. P.A. : 1 3. Staff Car Driver : 1 For Members 1. Stenographer : 1 For Office 1. Registrar : 1 2. Court Master : 1 3. Accountant : 1 4. P.A. to Registrar : 1 5. Assistant : 1 6. U.D.C. : 1

:: 65 ::

7. L.D.C. : 1 8. Typist : 1 9. Peons : 1 10. Chowkidar : 1 11. Sweeper : 1 This staff shall look after the judicial, the administrative and the library work.

CONSUMER DISPUTES REDRESSAL FORUMS

Section 10 of the Consumer Protection Act lays down that each District Forum shall consist of a President and two other Members. The President of the District Forum has to be a person who is, or who has been, or is qualified to be a District Judge. In Writ Petition (Civil) No. 1141 of 1988, Common Cause vs. Union of India & Ors. the Hon’ble Supreme Court on 7th January, 1993 directed that if the work load of a District Forum exceeds the minimum monthly load of 150 cases consistently for a period of six months, a regular independent District Forum as envisaged by Section 9 of the Act should be established. A District Judge is an Officer in the scale of Rs. 18,400-22,400, which is equivalent to the scale of Joint Secretary to the Govt. of India. Govt. of India’s instructions provide that a Joint Secretary is entitled to a Private Secretary in the scale of Rs. 6500-10,000 and a peon in the scale of Rs. 2550-3200. As regards the two Members of the District Forum, one stenographer in the scale of Rs. 4000-6000 and one peon in the scale of Rs. 2550-3200 may be provided for them. There should also be a post of Court Master in the pay scale of Rs. 5500-9000 to assist the President and the Members in the ‘Court’. The Registry of the District Forum should be headed by the Registrar who should be of the rank of Superintendent in the State Government, which post carries the pay scale of Rs. 5500-9000. His duties will involve assisting the Forum in Judicial and administrative matters. The District Forum exercise only Original Jurisdiction. With a view to create seats of dealing hands in the Judicial Section, the work load should first be assessed in terms of pending files. These files may be assigned to various dealing hands who will be responsible for taking all follow-up action as per the orders of the Forum/Bench. Each dealing hand of the level of UDC, assisted by an LDC, should handle at least 250 files. Thus, taking into consideration the total number of pending files and the yardstick of 250 files for a nucleus of one UDC and one LDC, the staff requirement in the Judicial Section may be worked out. One peon will also be required for the Judicial Section. The Registrar of the District Forum may also look after the work relating to maintenance of Library, preparation of pay bills, T.A. bills etc. and for maintaining the books of accounts and keeping the bank guarantees which are taken from the parties in pursuance of the orders of the District Forum.

:: 66 ::

However, one accounts knowing UDC in the scale of Rs. 4000-6000 may assist the Registrar in the work. Presently there is no satisfactory arrangement for receiving the complaints and for issue or dispatch of notices as well as inspection of cases in the Forum. There should be one post of Clerk in the scale of Rs. 3050-4590 for receiving the complaints, maintaining the institution registers and issue or dispatch of notices and inspection of cases. A post of Despatch Rider is also essential for effecting service of notices issued by the District Forum. This will save considerable amount incurred on postage for sending copies of the complaints to enable the opposite party (s) to file its/their version of the case. There is an absence of a Record Room in most of the District Forum, as a result of which the files are not properly arranged and entered in the Access Register. The decided cases, therefore, cannot be traced out without avoidable loss of time. To begin with, one LDC and one Peon should be provided with duties of arranging the files in the Record Room, entering the same in the Access register and to take follow up action for weeding out the old records. One post of Safaiwala/Chowkidar be also sanctioned for cleanliness of the office of the forum. In view of the position, as explained above, the following staff will be necessary for a District Forum :- 1. P.S. : 1 2. Registrar (in the scale of Superintendent) : 1 3. Court Master : 1 4. Steno : 1 5. U.D.C. : 6. L.D.C. : 7. Receipt & Despatch Clerk (LDC) : 1 8. Record Keeper (LDC) : 1 9. Accounts Knowing UDC : 1 (will look after the library work) 10. Peons : 4 11. Safaiwala : 1 12. Dispatch Rider : 1 13. Chowkidar : 1 Note : One UDC and one LDC for every 250 pending files. In the smaller districts where less than 150 cases are pending, the strength will be UDC-1, LDC-1, 3 Peons, 1 Chowkidar cum Safaiwala. The UDC will look after the library work also.

:: 67 ::

ITEM NO. 7ITEM NO. 7ITEM NO. 7ITEM NO. 7

Building and othBuilding and othBuilding and othBuilding and other infrastructure for the State Consumer er infrastructure for the State Consumer er infrastructure for the State Consumer er infrastructure for the State Consumer CommissionsCommissionsCommissionsCommissions

Statement indicating the infrastructure of each State Commission,

which includes Telephone, Building, Staff Car, Fax, Computer Photostat

and Networking is placed below. The State Commission having the

building for housing their office on rent, are finding it difficult to discharge

their functions under the act, as they are under the threat of vacating the

building premises.

On going through the statement regarding Supporting Staff and

other infrastructure, it is noticed that except State Commission Gujarat &

Sikkim, all other State Commissions were insufficient manpower.

It is also noticed by Hon’ble President of National Consumer

Disputes Redressal Commission, while visiting / inputting the functioning

of State Commission & District Fora, the main grievance is reported to

him for insufficient manpower, particularly there is no separate cadre of

Officers & Staff under the direct control of the President, State

Commission except in some State.

In such circumstance to cause delay in disposal of cases, non-

availability of minimum required staff in playing a vital role.

The Hon’ble Minister & Secretaries of State Government may take

a note for creating a separate cadre of Officers & Staff member to take

:: 68 ::

the need of State Commission / District Fora under the direct control of

the President of State Commission.

It is also noted that even providing the financial assistance by the

Central Government under ‘One Time Grant’ Scheme, some State

Governments are unable to acquire the land for construction of State

Commission / District Fora own office building. Such State Government

may further be pertained to take necessary step to avail Central

Assistance by acquiring a piece of land for State Commission / District

Fora own office building.

:: 69 ::

Project for strengthening Consumer Protection in India

(Update on 31.01.2012)

Sl. No.

Name of State Building Office Space Available

Manpower/ Staff

Annual Budget

Staff Car/ Vehicle

Photostat Machine

Phone Fax Computer & Printer

Internet Facility

Furniture (table,

chair etc.)

No. of Type-writer

1 2 3 4 5 6 7 8 9 10 11 12

National Commission

Govt. Buil Sufficient Sufficient Sufficient Sufficient Available Available Available Available Available Sufficient Sufficient

1 Andhra Pradesh Govt. Buil.

Sufficient Insufficient Insufficient N. A. Available Available Available Available Available Insufficient Insufficient

2 A & N Islands

3 Arunachal Pradesh

Owned Sufficient Insufficient Insufficient N. A. Available Available N. A. N.A N. A. Insufficient Sufficient

4 Assam Rented Insufficient Insufficient Insufficient N. A. Available Available Available N.A N. A. Insufficient Sufficient

5 Bihar Rented Sufficient Insufficient Insufficient Available Available Available Available Available N. A. Sufficient Sufficient

6 Chandigarh Owned Sufficient Sufficient Sufficient N. A. Available Available Available Available Available Sufficient Sufficient

7 Chattisgarh Rented Sufficient Insufficient Insufficient Available Available Available Available Available N. A. Sufficient Sufficient

8 Daman & Diu and DNH

N.A Insufficient Insufficient Insufficient N. A. N.A N.A N. A. Available N. A. Insufficient Insufficient

9 Delhi Owned Insufficient Insufficient Insufficient Available Available Available Available Available Available Insufficient Insufficient

10 Goa Owned Insufficient Insufficient Sufficient Available Available Available Available Available Available Sufficient Sufficient

11 Gujrat Owned Sufficient Sufficient Sufficient Available Available Available Available Available N. A. Sufficient Insufficient

12 Haryana Owned Sufficient Insufficient Sufficient Available Available Available Available Available N. A. Sufficient Sufficient

13 Himachal Pradesh

Owned Insufficient Insufficient Sufficient Available Available Available Available Available Available Insufficient Insufficient

14 Jammu & Kashmir

Rented Sufficient Insufficient Sufficient Available Available Available Available Available N. A. Sufficient Sufficient

:: 70 ::

15 Jharkhand Govt. Buil.

Sufficient Insufficient Insufficient Available Available Available Available Available N. A. Sufficient Sufficient

16 Karnataka Rented Insufficient Insufficient Insufficient Available Available Available Available Available N. A. Sufficient Sufficient

17 Kerala Owned Insufficient Insufficient Insufficient DNA Available Available N. A. Available N. A. Insufficient Insufficient

18 Lakshadweep Rented Insufficient Insufficient Insufficient Available Available Available Available Available Available Insufficient Sufficient

19 Madhya Pradesh Owned Sufficient Sufficient Sufficient Available Available Available Available Available Available Sufficient Sufficient

20 Maharashtra Govt. Buil.

Insufficient Insufficient sufficient Available Available Available Available Available Available Sufficient Sufficient

21 Manipur

22 Meghalaya

23 Mizoram Owned Sufficient Sufficient DNA Available DNA Available Available Available DNA Sufficient Sufficient

24 Nagaland

25 Odisha Owned Sufficient Insufficient Sufficient Available Available Available Available Available N. A. Sufficient Sufficient

26 Puducherry Owned Sufficient Insufficient Sufficient N. A. Available Available N. A. Available N. A. Insufficient Sufficient

27 Punjab Rented Insufficient Insufficient Insufficient N. A. Available Available Available Available Available Insufficient Sufficient

28 Rajasthan Owned Sufficient Insufficient Sufficient Available Available Available Available Available N. A. Sufficient Sufficient

29 Sikkim Owned Sufficient Sufficient Sufficient Available Available Available Available Available Available Sufficient Sufficient

30 Tamilnadu Rented Insufficient Insufficient Insufficient Available Available Available Available Available N. A. Sufficient Sufficient

31 Tripura Rented Sufficient Insufficient Insufficient N. A. Available Available Available N. A. N. A. Sufficient Sufficient

32 Uttar Pradesh Owned Sufficient Insufficient Sufficient Available Available Available Available Available Available Sufficient Sufficient

33 Uttaranchal Owned Insufficient Insufficient Sufficient Available Available Available Available Available N. A. Sufficient Sufficient

34 West Bengal Govt. Buil.

Sufficient Insufficient Insufficient Available Available Available Available Available N. A. Insufficient Sufficient

Note : 'N.A.' means 'Not Available'.

:: 71 ::

ITEM NO. 8ITEM NO. 8ITEM NO. 8ITEM NO. 8 Disposal of the cases by National Consumer Disputes Disposal of the cases by National Consumer Disputes Disposal of the cases by National Consumer Disputes Disposal of the cases by National Consumer Disputes Redressal CommissionRedressal CommissionRedressal CommissionRedressal Commission //// State Consumer Disputes Redressal State Consumer Disputes Redressal State Consumer Disputes Redressal State Consumer Disputes Redressal Commission /Commission /Commission /Commission / District ForumDistrict ForumDistrict ForumDistrict Forum

A copy of the statement indicating the disposal done by the

National Consumer Disputes Redressal Commission, State Consumer

Disputes Redressal Commission and District Forum is placed below

Though on going through the our all disposal of 90.55% is an

achievement for the consumer three tier Fora, however the pendency in

some State Commission below 70% is required the attention for attaining

the rate of disposal at least 85%, particularly the Pendency before State

Commission Maharashtra & Uttar Pradesh.

Accordingly Government of Maharashtra & Uttar Pradesh may

constitute the Additional Benches at State Commission / District Fora

level on priority basis.

Papers are placed before the Conference for deliberations as what

steps can be taken for increasing the rate of disposal in the Consumer

Fora to ensure the time limit as indicated in the Act.

:: 72 ::

Total Number of Consumer Complaints Filed / Disposed

since inception Under Consumer Protection Law

(Update on 31.01.2012)

Sl. No.

Name of Agency

Cases filed since

inception

Cases disposed of since inception

Cases Pending

% of total

Disposal Remarks

1 National Commission

72863 63370 9493 86.97%

2 State Commissions

561550 465388 96162 82.88%

3 District Forums

3100856 2853351 247505 92.02%

TOTAL 3735269 3382109 353160 90.55%

:: 73 ::

Statement of Cases Filed / Disposed of / Pending in the National Commission and State Commissions

(Update on 31.01.2012)

Sl. No.

Name of State

Cases filed since

inception

Cases disposed of since inception

Cases Pending

% of Disposal

As On

National Commission 72863 63370 9493 86.97 31.12.2011

1 Andhra Pradesh 27537 25329 2208 91.98 31.12.2011

2 A & N Islands 42 38 4 90.48 31.01.2008

3 Arunachal Pradesh 59 54 5 91.53 31.12.2011

4 Assam 2419 1554 865 64.24 30.09.2011

5 Bihar 14386 10326 4060 71.78 31.05.2011

6 Chandigarh 11628 11437 191 98.36 31.12.2011

7 Chattisgarh 7629 7239 390 94.89 31.12.2011

8 Daman & Diu and DNH 25 20 5 80.00 31.03.2011

9 Delhi 32585 31390 1195 96.33 31.10.2011

10 Goa 2235 2099 136 93.91 31.12.2011

11 Gujarat 37781 33402 4379 88.41 31.12.2011

12 Haryana 41237 36633 4604 88.84 31.12.2011

13 Himachal Pradesh 7437 6589 848 88.60 30.11.2011

14 Jammu & Kashmir 6325 5650 675 89.33 31.12.2011

15 Jharkhand 4874 4065 809 83.40 30.09.2011

16 Karnataka 41921 37217 4704 88.78 31.12.2011

17 Kerala 24365 23430 935 96.16 31.12.2011

18 Lakshadweep 17 16 1 94.12 31.12.2011

19 Madhya Pradesh 39096 34553 4543 88.38 31.12.2011

20 Maharashtra 54170 36527 17643 67.43 30.06.2011

21 Manipur 139 96 43 69.06 30.09.2008

22 Meghalaya 253 175 78 69.17 31.03.2011

23 Mizoram 183 171 12 93.44 30.04.2011

24 Nagaland 94 64 30 68.09 31.12.2006

25 Odisha 20857 14823 6034 71.07 31.12.2011

26 Puducherry 919 884 35 96.19 31.12.2011

27 Punjab 27674 21188 6486 76.56 31.12.2011

28 Rajasthan 48585 44920 3665 92.46 31.12.2011

29 Sikkim 40 40 0 100.00 31.12.2011

30 Tamil Nadu 23339 21286 2053 91.20 31.12.2011

31 Tripura 1348 1309 39 97.11 31.12.2011

32 Uttar Pradesh 63421 35508 27913 55.99 31.12.2011

33 Uttarakhand 4425 3624 801 81.90 31.12.2011

34 West Bengal 14505 13732 773 94.67 31.12.2010

TOTAL 561550 465388 96162 82.88

:: 74 ::

Statement of Cases filed/disposed of/pending in District Fora

(Update on 31.01.2012)

Sl. No.

Name of State Cases

filed since inception

Cases disposed of since inception

Cases Pending

% of Disposal

As On

1 Andhra Pradesh 188281 182503 5778 96.93 31.12.2011

2 A & N Islands 330 301 29 91.21 31.03.2006

3 Arunachal Pradesh 310 270 40 87.10 31.12.2011

4 Assam 13704 11976 1728 87.39 31.08.2010

5 Bihar 80010 69607 10403 87.00 31.05.2011

6 Chandigarh 44506 43273 1233 97.23 31.12.2011

7 Chattisgarh 34715 31532 3183 90.83 31.12.2011

8 Daman & Diu and DNH 162 144 18 88.89 31.03.2011

9 Delhi 239215 228875 10340 95.68 30.09.2011

10 Goa 6185 5587 598 90.33 31.12.2011

11 Gujarat 166043 149728 16315 90.17 31.12.2011

12 Haryana 211341 193583 17758 91.60 31.12.2011

13 Himachal Pradesh 54858 51419 3439 93.73 31.12.2011

14 Jammu & Kashmir 20792 18855 1937 90.68 31.12.2007

15 Jharkhand 32260 29638 2622 91.87 30.09.2011

16 Karnataka 146965 142794 4171 97.16 31.12.2011

17 Kerala 174455 167138 7317 95.81 31.12.2011

18 Lakshadweep 72 65 7 90.28 31.12.2011

19 Madhya Pradesh 172687 157788 14899 91.37 31.12.2011

20 Maharashtra 245230 226885 18345 92.52 30.06.2011

21 Manipur 1037 1012 25 97.59 30.09.2008

22 Meghalaya 768 661 107 86.07 31.03.2011

23 Mizoram 3466 2819 647 81.33 31.12.2010

24 Nagaland 246 205 41 83.33 30.6.2006

25 Odisha 88816 82960 5856 93.41 31.12.2011

26 Puducherry 2832 2651 181 93.61 31.12.2011

27 Punjab 146353 140689 5664 96.13 31.12.2011

28 Rajasthan 269329 243646 25683 90.46 31.12.2011

29 Sikkim 283 262 21 92.58 31.12.2011

30 Tamil Nadu 99669 94948 4721 95.26 31.12.2011

31 Tripura 2599 2426 173 93.34 30.11.2011

32 Uttar Pradesh 541361 463576 77785 85.63 31.12.2011

33 Uttarakhand 33535 31796 1739 94.81 31.12.2011

34 West Bengal 78441 73739 4702 94.01 31.12.2010

TOTAL 3100856 2853351 247505 92.02

:: 75 ::

ITEM NO. ITEM NO. ITEM NO. ITEM NO. 9999

Computerization & Computerization & Computerization & Computerization & Maintenance of ComputerMaintenance of ComputerMaintenance of ComputerMaintenance of Computer----SoftwareSoftwareSoftwareSoftware----HardwareHardwareHardwareHardware

Issue relating to AMC software and hardware under the Confonet

Project was also discussed during the Conference and it was brought

home by the States of Nagaland, Andhra Pradesh, Uttarakhand, Uttar

Pradesh, Tripura that nothing has been done in their States in this

regard.

Accordingly, all the State Governments are requested to ensure

that AMC for software and hardware under the Confonet Project is timely

done as then alone, there is a possibility of functioning up-to-date. It was

also reported that no headway has been made with regard to provision of

Data Entry Operator and Technical Support Personnel at the State level

and District level. After discussion it was unanimously resolved that one

Data Entry Operator on permanent basis should be deployed in each

State Forum as also in each District Forum regardless of the pendency. It

was also felt that Technical Support Personnel should also be available

in each State Forum and for this purpose the State Government may

create the post of one Data Entry Operator for each of District Forum and

atleast two Data Entry Operator for State Commission.

:: 76 ::

Accordingly , it is requested kindly to take steps in this behalf

on priority in consultation with NIC. It was also unanimously decided

that the ‘Confonet Project’ be taken up with the help of NIC for the

next 5 years as we have no way we can do anything of our

own. This is an essential task, which cannot be completed without the

strength of the Government of India. Besides this there is another reason

reiterating this because State Commission have no means or resources

to utilize it for the purpose.

* * *