THE TAMIIL NADU

CONSUMERPROTECTIONRULES. 1988
(G.0. Ms. No. 879, Food and Consumer protection,
dated 30th June 1988)

No. S.R.O. A-158/88.- In exerciseof the powersconferred

by sub-section(2) of Section30 of the ConsumerProtectionAct,
1986,(CentralAct No. 68 of 1986),readwith S.O.No. 390 (E),
publishedin Part [I - Section3, sub-section(ii) of the Gazetteof
India, Extraordinary,datedl5th April, 1987and S.0.No. 568(E),
publishedin Part II - Section3, sub-section(ii) of the Gazetteof
India, Extraordinary,datedthe 1OthJune 1987,the Governorof
Tamil Nadu herebymakesthe following Rules :-

RULES
1. Short title and commencement.- (l) TheseRulesmay
be calledthe Tamil Nadu ConsumerProtectionRules, 1988.
(2) They shall come into force at once.
2. Definitions.- In theseRules,unless,the contextotherwise
requires-

(a) 56Act"means the ConsumerProtectionAct, 1986

(CentralAct No. 68 of t986) ;
 (b) ,,Agent"
meansa personduly authorisedby a party
to present any complaint or appeal or reply
on its
behalf before the State Commission or
the
District Forum ;
(c) ,oAppellant" meansa party which makes
an appeal
againstthe order of the District Forum
;
(d) ,,Memorandum" means memorandum
of appeal
filed by the appellant;
(e) "opposite party" means a person
who answers
complaintor claim :
,opresident,'
A means the president of the State
Commissionor District Forum as the casemay
be ;
(g) 'oRespondent"
meansthe person who answersanv
memorandumof appeal;
(h) o,section"meansSectionof the Act
:
(i) ,.State"
meansthe Stateof Tamil Nadu ;
(D words and expressionused in the Rules and not
defined'but definedin the Act shallhavethe meanins
respectivelyassignedto them in the Act.

3. salaries and other ailowancesand terms and

conditions
of the President and members of the District Forum._
r[The President (l)
of the District Forum shalrreceivethe salaryof
the Judgeof a District court, if appointedon whore
time basisor
an honorarium of Rs. 150 (Rupeesone hundred
and fifty only)
per day subject to a maximum of 2[Rs.2,100 (Rupels
two
thousandone hundred only)l p.. rnonih, if appointed
on part_
I S u b s t r t u t e bd y c . o . M s . N o . 4 l 4 , c o - o p e r a t i o nF, o o d
a n d c o n s u m e rp r o t e c t i o n d, a t e d7 t h
November, 1991.
2.' Substitutedby G o. Ms. No. 344 co-operation,Food
and consumer protection,dated 7th
May, 1993.
 time basis. r[The Presidentof a District Forum shall receive
the transfertravelling allowanceif he joins suchDistrict Forum
from out-sidethe District]. 2[Othermembersif sitting on whole
time basis,shall receivea consolidatedhonorariumof Rs. 2,000
(Rupeestwo thousandonly) per month and if sitting on part-
time basis,a consolidatedhonorariumof Rs. 750 (RupeesSeven
hundredand fifty only) per month in additionto Rs. 100 (Rupees
one hundred only) per day for the sitting.l 3[The members
residing away from the headquartersshall also receive the
conveyanceallowanceof Rs. 150 (Rupeesone hundredand fifty
only) per month.l
(2) The Presidentand the membersof the District Forum
shallbe entitledfor suchtravellingallou,ance
and daily allowance
on official tour as are admissibleto Grade I Offlcer of the
Governmentof Tamil Nadu.
(3) The salaryor honorariumas the casemay be and other
allowancesshall be defrayedout of the ConsolidatedFund of the
Governmentof Tamil Nadu.
(4) Before appointment,the Presidentand membersof the
District Forum shall have to take an undertakingthat he doesnot
and will not have any financial or suchother interestsas is likelv
to affect prejudicially his functions as a member.
(5) In additionto provisionof sub-section(2) of Sectionl0
the Government of Tamil Nadu may remove from office, the
Presidentand membersof a District Forum who -
(a) has been adjudgedas an insolvent, or

Insertedby C.O. Ms. No. ll2, Co-operation, protection,dated,27th

FoodandConsumer
May 1996.
z Substituted
by No. SRO.A-178190,dated29thNovernber1990.
l Foodand Consumerprotection,dated30th
Addedby G.O. Ms. No. 204, Co-operation,
August,1994.
 (b) has been convictedof an offencewhich in the
opinion of the Government of Tamil Nadu
involves moral turpitude,or
(c) hasbecomephysicallyor mentallyincapableof
actingas the Presidentor member,or

@ hasacquiredfinancialor otherinterestslikely to
affectprejudiciallyhis functionsasthe president
or a membet,or
(e) hasso abusedhis positionasto renderhis continu-
ancein officepreludicialto thepublic inrerest:
Providedthat the Presidentor membershall not
beremovedfrom his ofliceon thegroundspecified
in clauses(d) and(e)of thesub-rule(5) excepton
an inquiry heldby the Goygrnmentof TanirlNadu
in accordancewith ru.Ffiro..dure as it may'
specifyin this behalfandfindsthe Presidentor a
memberto be guilty on suchground.
'[(5-A) The Governmentof TamilNadumay,afrer
err ing a
reasonableopportunity of being heard,remove front ottlce. a
memberof a DistrictForumwho hasnot attendedtwo consecutive
sittingsof the District Forumwithout sufficientcause:l
'[(5-B) The Presidentof the District Forum shall
be liable
for transferfrom one District to anotherDistrict in caseof anv
requestby him or on AdministrativeGrounds.]
(6) The termsandconditionsof the serviceof the President
and the membersof the District Forum shall not be r.ariedto
their disadvantase durine their tenureof office.

I I n s e r t e db y C . O . M s . N o . l 2 l C o - o p e r a t i o nF, o o d a n d C o n s u m e rP r o t e c t i o nd a r e d l . l t h
June 1996.
2 b y G . O . M s . N o . 1 5 2 ,C o - o p e r a t i o nF, o o d a n d C o n s u m e rp r o t e c t i o nd a r e dl l t h
Substituted
August, 1998.
 (7) where any vacancyoccursin the ofiice
ofthe president
of the District Forum, the senior-most(in
order of appointment)
memberof District Forum,hordingoffice for
the time being,shall
dischargethe functions of the presidentuntir
a personapiointed
to fill such vacancy assumesthe office of
the president of the
District Forum.
(8) when the presidentof the District Forum
is unable to
dischargethe functionsowing to absence, ilrnessor any othercause,
the senior-most(in orderof theappointment)member
of theDistrict
Forum shall dischargethe functiins of the president
untir the day
on which the Presidentresumesthe chargeof
his functions.
(9) The Presidentor any member ceasing
to hold office as
such shall not hold any appointmentin or be
connectedwith the
managementor administrationof an organisation
which hasbeenthe
subjectof anyproceedingundertheActduring his
tenurefor a period
of 5 yearsfrom the dateon which he ceasesto hold
suchoffice.
(10) In caseof differenceof opinion among
the members
of the District Forum, the opinion oi th. majorit!
shalrprevail
and the opinions or ordersof the Forum shall
be expressedin
termsof the view of the majority.
(11) (i) The presidentand the members
shalrhord office
for_aterm of five years or upto the age of 65 years
whichever is
earlierand shall not be eligible for re_appointment
;
(ii) Notwithstanding anything contained
in sub_
rule (i) the presidentor the member may --
'
(a) by writing under his hand and addressed
to the Governmentof Tamil Nadu resign
his office at any time and on such
resignationbeing accepted,his office shall
becomevacant.
(b) be removed from his office in accordance
with sub-rule(5) of Rule 3.
 4' Place of sitting and other matters
relating to District
Forum'- (l) The office of District Forum
shall be locatedar
the headquarters of the District. where StateGovernmentdecides
to establisha singleDistrictForumhavingjurisdiction
over more
than one district,it shail Notify the place jurisdiction
and of the
District Forum so established.

(2) The working daysand the office hours

of the Disr.ct
Forum shall be the sameas that of the Government
orramit xaau
(3) The official seal of the District Forum
shall be as
follows:-

sear.- The sealsha'have two concentricarcs

bea'ns
theinscriprions,
namely"DISTRICT
CONSUMER
otsoutii
REDRESSAL F.RUM" and nameof the District
at the Centre.
(4) Sitting of the District Forum,as and when
necessan.
shall be convenedby the president.
(5) No act or proceedingsof the Distr^.,iForum
shat be
invalid by reasononry of the existenceof any
vacancyamonglts
Presidentor membersor any defectin its constitution.
(6) StateGovernmentshall appointsuch
staff, as ma1.be
necessaryto assistthe District Forum in its day-to-day
*,ork and
to perform such other functions as are provided
und., the nct
and theseRures or assignedto it by the president.
The sarary
payableto such staff shail be defrayed
out of the consoridated
Fund of the StateGovemment.
(7) Where the oppositeparty admitsthe
allegationmade
by the complainant,the DistrictForumshalldecide
tlie compraint
on the basis of the merit of the case and
.documentsp..r.n,
before it.
(8) If duringthe proceedings conductedunderSectionl 3,
the District Forum fixes a date for hearingof
the parties,it shail
be obligatoryon the complaintand oppositeparfy or its authorised
agentto appearbeforethe District Forum on suchdateof hearing
or any other date to which hearing could be adjourned.Where
the complainantor his authorisedagentfails to appearbefbre the
District Forum on such day, the District Forum may in its
discretioneitherdismissthe complaintfor defaultor decideit on
merit. Where the oppositeparty or its authorisedagent fails to
appearon the day of hearingthe District Forum may decide the
complaint ex-parte.
(9) While proceedingundersub-rule(8) the DistrictForum
may,on suchtermsas it may think fit and at any stage,adjournthe
hearingof the complaintbut not more than one adjournmentshall
ordinarily be given andthe complaintshouldbe decidedwithin 90
daysfrom the dateof noticereceivedby the oppositeparty where
complaint does not require analysisor testing of the goods and
within 150daysif it requiresanalysisor testingof the goods.
(10) Ordersof the District Forum shallbe signedand dated
by the membersof the District Forum constitutingthe Bench
and shall be communicatedto the partiesfree of charges.
5. Procedureto be followed for making complaints before
th'e District Forum / State Commission.- A complaint
containing the following particulars,shall be presentedby the
complainantin person or by his authorisedagentto the District
Forum/ StateCommission,or be sentby registeredpost addressed
to the District Forum / StateCommission:-
(a) the name,descriptionandaddressof the complainant;
(b) the name, descriptionand addressof the opposite
party or parties,as the casemay be, so far as they
can be ascertained;
(c) the facts relating to complaint and when and where
it arose:
 @ documentin supportof the allegations
containedin
the complaint ;
(e) the relief which complainant
claims.
6. Procedure to be adopted by the
District Forum lbr
analysis and testing of the goods.-
under crause(c) of sub-
section (l) of Section l3 if considered
necessaryttre oistrict
Forum may directthecomplainantto provide
two separatesampres
of the goodspackedin cleandry boitles
orjars or other surrable
containerswhich shall be sufficientry
tight to prevent reakage,
evaporation,or in the caseof dry rrbriunc"
entranceof moisture.
with a paperslip wrappedand pasted
on the containerin *.hich
the signatureor thumb impressionof
ihe person,traderor manu-
facturer,from whom the goods are purchased
shall be affrxed :
Providedthat in casethe person,or
trader or manufacrurer
from whom the goodsu.. pur.hured,refuses
to affix his sienarure
or thumb-impression,the signature
or thumU_l_p..rrio'nof u
witnessshall be takenin the samemanner.

(2) on receivingthe sampresof

such goods,the Drst.ct
Foruni shall fix lableson the containers
carryingthe folrou rng
information:-*
(i) Name and addressof the appropriatelaborarory
to whom the samplewill be sent for
analvsis
and test :
(ii) Name and addressof the District Forum
:
(iii) CaseNumber ;
(iv) Natureof articlessentfor analysis
and tesr :
(y) Sealof the District Forum.
(3) The containerof sampleshall be
completelyu.rapped
in fairly strong thick paper,the endsof
the pup.. shali ue neatry
folded in and affixed by meansof gum or adhesive.The paper
cover shall be further securedby meansof strongtwine or thread
both aboveand acrossthe containerand the twine of threadshall
then be fastenedon the papercover by meansof sealingwax on
which there shall be at leastfour distinct and clear impressionsof
the seal of which one shall be at the top of the packet,one at the
bottom of the packetand the other two on the body of the packet.
Theknotsof thetwine or threadshallbe coveredby meansof sealing
wax bearingthe impressionsof the sealof the District Forum.
(4) One of the sealedcontainerswill be retainedby the
District Forum for future referenceand another will be sent to
the appropriatelaboratoryby the District Forum for sendingreport
within 45 days or within such extendedtime as may be granted
by the District Forum, after specifying the nature of the defect
allegedand date of submissionof the report.
(5) The quantity of sample,in caseof food samples,for
analysisshall be as specifiedunderRule 22 of the Preventionof
Food AdulterationRules, 1955.
(6) A specimenimpressionof the seal used to seal the
containerof the samplepacketwill be sent to the appropriate
laboratoryseparatelyby the District Forum.
(7) The amount of fees for carrying out the analysis of
samplesshall be decided in consultationwith the concerned
appropriatelaboratory.

7. Salary and other allowancesand terms and conditions

of the President and members of the State Commission.-
(1) I[The Presidentof the StateCommissionshall receive the
salary, allowancesand other perquisitesas are applicable to a

I Substitutedby C.O. Ms. No. 408. Co-operation,Food and ConsumerProtection,dated 2nd

September,1992.
 :::il'[[l il:li::l ]lTo":i':9-*whore-time
nlilil;ir"L}:, bu,i,1
o.u
perday
ro,tr,, :n,*rrH
;" *;;i;_i*: iHJl::f t *l
ffi1ffi":r;jl,'",
norariumof Rs'3'000
basis,
,r,uiil...r\e
a
onry)permonth 6up.." irr.i.' ,rrorruno
no,,o.u,r
um;i'i::,l f'irr'i
di:#:,": J..ffij H:,ruxlru:
il:
jjJ,,$jr::'J:'j'"r ...iers sharr rece,r arso
uunteof Rs' 1'000(Rupees e rhe
per month.] onetiorruno onr"t

(2) Thepresidentand
themembers of the State
ssionshall be eligible
fo, ,uJ ,.u".,r,n* uffo*un.. Commi_
Jn 0u,,,
fi;i,T:i,ff,XT:IHff :;; r,,iur.too.,J.I oli,ceror
(3) The sarary,honorarium,
other atowances sha,
or rheconsolidat.J
e*o be
i;lXril":Jt or theGorernmenr
or
(4) The president
and the members
StateCommissionshall oi rhe
hold
:#l;ffi ;n;:
:il:,,:';::$n#il*;J.:i "m..
,",

provided
that presidentand
membersmay :_-
(a) by writing under
his handand addressed
StateGovernmentresign to rhe
his office r"rl 11",.
,
(b) be removed
from his office in accordance
provisionsof sub_rule u.rrh
(5).
Added by C.O. Ms
No. 408. Co-operationlood
September,I992. a n d C o n s u m e rp r o t e c r i o n .
ca:ec lnd
2 Subsriruted
f o r t h e w o r d s . . 7 0y e a r s , , b y
N o . S . R . O .A _ 7 g / 9 0
d a t e d 3 0 t h N l a _ v1 9 9 0
 (5) The Government of Tamil Nadu may remove from
office Presidentor memberof the StateCommissionwho, -
(a) has beenadjudgedas an insolvent; or
(b) has been convicted of an offence which in the
opinion of the Governmentof Tamil Nadu
involves moral turpitude ; or
(c) hasbecomephysicallyor mentallyincapableof
acting as Presidentor a member ; or
(d) has acquiredsuch financial or other interestas
is likely to affectprejudiciallyhis functionsas
Presidentor a member ; or
(e) has so abusedhis position as to render his
continuancein office prejudicial to public
interest:
Provided that the Presidentor a member shall not be
removedfrom his office on the groundspecifiedin clauses(d) and
(e) and sub-rule(5) excepton an inquiry held by the Gov0rnment
of Tamil Nadu in accordance with suchprocedureas it may specifl'
in this behalf and finds the Presidentor a memberto be euiltv on
such ground.
'[(5-A) The Governmentof Tamil Nadu may, after giving
reasonableopportunity of being heard, remove from office a
member of the State Commissionwho has not attendedtwo
consecutivesittingsof the StateCommissionwithout sufficient
causes.]
(6) Beforeappointment,Presidentandmembersof the State
Commissionshall have to take an undertakinethat he doesnot

I Inserted by G.O. Ms. No. l2l, Co-opcration Food and Consumer Protection,dated 24th
June1996.
 and will not haveany suchfinancial
or otherinterestsas rs rikerv
to affect prejudiciary his functions president
as o, u -.ri;;. "'
(7) The termsand conditions
of the serviceof the president
and the membersof the State
commissionsharr'ot be ra'ed to
their disadvantageduring their tenure
of office.
(8) Every vacancycausedby
resignationand remor.alof
the Presidentor any othermembe.
of the Statecommissionunder
sub-rule(4) or otherwiseshar
be filred by freshappointment.
(9) where any such vacancy
occurs in the officc. .f the
Presidentof the state commission,
the seniornrosrmenrber(in
order of appointment)holding
office for the time beins. shall
dischargethe functionsof the iresident
,"ri,, . ;;r";;;",;r:;
to fill such vacancyassumesthe
office of the presidentot-the
StateCommission.

(10) when the presidentof the

Statecomnrissionis .:iirabre
to discharge the functionsowing to absence, irnessor an,,other
cause,the seniormost member(in
order of app"i;,;*;;', oi the
state commissionshalrdischarge
the functionsof the Dresrdent
until the day on which the president
resumesthe charseo: his
functions.

(l l) The president,or any member

ceasingto hrrldtrill"_r.
as such shall not hold any appointment
in or be connecred,,,,rih
the management or administiaiionof an organisation
* hich ha,,e
beenthe subjectof any proceeding
underthe Act, during his renure
for a period of five years from
the date on which he ceasesro
hold suchoffice.

(r2) rn caseof a differencein

opinionamongthe nrenrbers
of the StateCommission,the opinion
of rn. majorit].,nutt pre, u,t
and the opinion or ordersof the
commission,hutt"b. .rpr.,r.a
in terms of the views of the maioritv.
 8. Places of sitting and other matters relating to State
Commission.- (1) The office of the StateCommissionshallbe
locatedat Chennai.
(2) The working days and the office hours of the State
Commission shall be the same as that of the Government of
Tamil Nadu.
(3) The emblem and official sealof the StateGovernment
shallbe as follows :-
E m b l e m . - T h e S t a t e C o m m i s s i o na s H e a d o f t h e
Department shall use the State Emblem in their official letter
h e a d s ,n a m e l y " s i n g l e c o l o u r b l a c k E m b l e m i n f u l l w i t h
designationwithin two concentricarcsof two-thirdsof a circle."
Seal.- The seal shall have two concentric arcs of two-
t h i r d s o f a c i r c l e w i t h t h e i n s c r i p t i o n s ,n a m e l y , " S T A T E
CONSUME,RDISPUTES REDRESSAL COMMISSION" ANd
rvith the StateEmblem at the centre.
(4) Sitting of the StateCommission,as and when necessary
shall be convenedby the President.
(5) No act or proceedingsof the StateCommissionshall
be invalid by reasonsonly of the existenceof any vacancyamong
its Presidentor membersoI any defectin its constitutionthereof.
(6) The Governmentof Tamil Nadu shall appoint such
staff, a; may be necessaryto assistthe StateCommissionin its
work aird to perform such other functions as are provided under
the Act and these Rules or assignedto it by the President.The
salary payable to such staff shall be defrayed out of the
ConsolidatetiFund of the Governmentof Tamil Nadu.
(7) Where the opposite party adrnits the allegation made
by the complainant, the State commission shall decide the
complainton the basis of the merit of the caseand documents
presentedbeforeit.
conductedunderSection13,
(8) Ifduring the proceedings
StateCommissionfixes a datefor hearingof the parties,it shall
be obligatory on the complainant and opposite party or his
authorisedagentto appearbeforethe StateCommissionon such
date of hearing or any other date to which hearing could be
adjourned.Where the complainantor his authorisedagent fails
to appearbefore the State Commissionon such day, the State
Commissionmay in its discretioneither dismissthe complaint
for defaultor decideit on merits.Wherethe oppositepartv or its
authorisedagent fails to appearon the day of hearing, the State
Commissionmay decide the complaint ex-parte.
(9) While proceedingsundersub-rule(8) the StateConimi-
stage'of
ssion may, on such terms as it may think fit and at an-u"
the proceedingsadjournthe hearingof the complaintbut not more
thanone adjournmentshallordinarilybe given andthe complaint
shall be decidedwithin 90 daysfrom the dateof noticereceir-ed
by the oppositeparfywherethe complaintdoesnot requtreanall'sis
or testingof the goodsandwithin 150daysif it requiresanalvsis
or testingof the goods.
(10) Ordersof the StateCommissionshallbe signedand
datedby the membersof the StateCommissionconstitutingthe
Bench and shall be communicatedto the partiesfree of charee'

9. Procedure for hearing appeal.- (1) Memoranduntshall

be presentedby the appellantor his authorisedagent to the
StateCommissionin pers'onor sentby registeredpost addressed
to the Commission.
(2) Every memorandumfiled under sub-rule ( I ) shall be
in legible handwriting preferably typed and shall set-forth
 consiseryunder distinct heads,
the groundsof appearwithout any
argument or narrative and such
ground sha' be numbered
consecutively.

(3) Each memorandumshall

be accompaniedby the
certifiedcopy of the orderof the
DistrictForum appealedagainst
and suchof the documentsas may
be requiredto supportgrounds
of objectionmentionedin the mlmorandum.

(4) When the appealis presented

after the expiry of period
of li'ritation as specified in the
Act, Memorandum sha, be
accompaniedby an application
supportedby an affidavit setting
forth the fact on which appettani
reries to satisfy the State
commission that he has sufficient
causefor not preferringthe
appealwithin the period of limitation,

(5) The appetant sha' submit

four copies of the
memorandumto the StateCommission
for official iurpor.s.
(6) On the dateofhearingor any
otherday to which hearing
may be adjourned,it shall be obrigaiory
for the partiesor their
authorisedagents to appearbefore
the State commission. If
appellantor his authorisedagentfairs
to appearon suchdate,the
Statecommissionmay,in its discretion,
eitherdismissthe appear
or decideit on the merit of the case.
If respondentor his authorised
agentfairs to appearon such date,
the Statecommission shall
proceedex-parte and shail decide
the appearex-parte on merits
ofthe case.

(7) The appellantshall not, except

by leave of the State
Commission, urge or be heard in
support of any ground of
objections not setforth in the
memorandumbut the state
Commiision, in deciding the upp.ui,
,t ull not confine to the
grounds of objection setforth rn
itre memorandumor taken by
leave of the StateCommission
under this Rule :
 Provided that the cornrnission
sha, not rest its decision
0n any other groundsother than
thosespecifiedunressthe party
who may be affbcted thereby,
has been given at reasr one
opportunity of being heardby
the Statecommission.
(8) StateCommissionmay, .on
such terms as it may think
fit and at any stage,a_djourn
the hearingof appeal,but not
than one adjournmell more
.ordinarilybe given
:h"]l and the appeal
should be decidedwithin g0 days non.,
tr,. first date of hearing.
(9) Order of the State Commission
on appeal shall be
signed and dated by the members
of the State commission
constitutingthe Benchand shail
be communicated to the parties
free of charge.