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Section 7

The Uttarakhand Consumer Protection Rules, 2011State Rules of Uttarakhand · 1986

(1) Office of the State Commission shall be located at the capital of the State.

(2) The working days and the office hours of the State Commission shall be the same as that of the State Government.

(3) The official seal and emblem of the State Commission shall be sIch as the State Government may specify.

(4) Sitting of the State Commission, as and when necessary shall be convened by the President.

(5) No act or proceeding of the State Commission shall be invalid by reason only of the existence of any vacancy among the Members or any defect in its constitution thereof.

(6) The State Government shall appoint such staff, as may be necessary to assist the State Commission in its day-to-day work and perform such other functions as are provided under these rules or assigned to it by the President. The salary payable to such staff shall be defrayed out of the consolidated fund of the State Government.

.311Cf.sru.S 3.11-11v-Mul 11W., 16 -14:144-4.Z, 2011 10 (thl .1', 25. 1933 23

(7) Where the opposite party admits the allegations made by the complainant, the State Commission shall decide the complaint on the basis of the merit of the case and documents present before it.

(8) If during the proceedings conducted under Section 13, the State Commission fixes a date for hearing of the parties, it shall be obligatory on the complainant and the opposite party or his authorized agent to appear before the State Commission on such date of hearing or, any other date to which hearing could be adjourned. Where the complainant or his authorized agent fails to appear before the State Commission on such date, the State Commission may in its discretion either dismiss the complaint for default or decide it on merit. Where the opposite party or its authorized agent fails to appear on the date of hearing the State Commission may decide the complaint ex-parte.

(9) While proceeding under sub-rule (8) the State Commission may, on such terms as it may think fit and at any stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint should be decided within 90 days from the date of notice received by the opposite party where complaint does not require analysis or testing of the goods and within 150 days if it requires analysis or testing of the goods.

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

Procedure for 8. (1) Memorandum shall be presented by the appellant or his hearing appeal: authorised agent to the State Commission in person or Section 15 sent by registered post addressed to the Commission.

(2) Every memorandum filed under sub-rule (1) shall be in legible hand writing, preferably typed, and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

(3) Each memorandum shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum.

N3v1 , Z1V9u5 41\91141'01 Jikrie., 16 Icil-fis!, 2011 '40 (Ong) 25, 1933 71W I-11-1c0

(4) When the appeal is presented after the expiry of period of limitation as specified in the Act, memorandum shall be accompanied by the application supported by an affidavit setting forth the fact on which appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation.

(5) The appellant shall submit three copies of the memorandum to the State Commission and additional copies for the respondents.

(6) Every memorandum shall be accompanied by postal stamps as may be required for sending notices to the respondents.

(7) On the date of hearing and any other date to which hearing may be adjourned it shall be obligatory for the parties or their authorised agents to appear before the State Commission. If appellant or his authorised agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or decide it on the merit of the case. If respondent or his authorise4 agent fails to appear on such date, the State Commission shall proceed ex parte and shall decide the appeal ex parte on merits of the case.

(8) The appellant shall not, except by leave of the State Commission, urge or be heard in support of any ground of objection not set forth in the memorandum, but the State Commission, in deciding the appeal, need not confine to the grounds of objection set forth in the memorandum or taken by leave of the State Commission under this rule.

Provided that the Commission shall not rest its decision on any other grounds unless the party who may be affected thereby, has been given at least one opportunity of being heard by the State Commission.

(9) The State Commission may, on such terms as it may think fit and at any stage, adjourn the hearing of appeal, but not For enquiry under Rule 9 the following procedure shall be followed, namely:- %3-[-N1tqu,5 31i-111.11'0"1 'I krld, 16 1(1 1- 61•2. 2011 o 041641 25. 1933 $I -AT t 4cit -0 25

(10) The order of the State Commission on appeal shall be signed and dated by the Members of the State Commission constituting the Bench and shall be communicated to the parties free of cost.

Where this provision sits

ActThe Uttarakhand Consumer Protection Rules, 2011
Section7
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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