©
GOVERNMENT OF TAMIL NADU 2023
[Regd. No. TN/CCN/467/2012-14
[R. Dis. No. 197/2009.
[Price: Rs. 1.60 Paise.
| TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY | ||
No. 38] CHENNAI, WEDNESDAY, SEPTEMBER 20, 2023 Purattasi 3, Sobakiruthu, Thiruvalluvar Aandu–2054
Part III—Section 1(a)
General Statutory Rules, Notifications, Orders, Regulations, etc.,
issued by Secretariat Departments.
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NOTIFICATIONS BY GOVERNMENT
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CONTENTS
CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT Pages.
Framing of the Tamil Nadu Consumer Protection (Consumer Disputes Redressal
82-83 Commission) Rules, 2023 .. .. .. .. ..
[81]
DTP—III-1(a)-(38)—182 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a)
NOTIFICATIONS BY GOVERNMENT
CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT
Framing of the Tamil Nadu Consumer Protection (Consumer Disputes Redressal Commission) Rules, 2023.
[G.O. Ms. No. 117, Co-operation, Food and Consumer Protection (H1), 31st August 2023,
ஆவணி 14, சோபகிருது, திருவள்ளுவர் ஆண்டு-2054.-]-
No. SRO A-31/2023.— In exercise of the powers conferred by Section 102 of the Consumer Protection Act, 2019 (Central Act 35 of 2019) and in supersession of the Tamil Nadu Consumer Protection Rules, 1988, the Governor of Tamil Nadu hereby makes the following rules, namely: -
Rules.
1. Short title and Commencement.- These rules may be called the Tamil Nadu Consumer Protection (Consumer Disputes Redressal Commission) Rules, 2023.
(2) They shall come into force at once.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Consumer Protection Act, 2019 (Central Act 35 of 2019);
(b) "District Commission" means the District Consumer Disputes Redressal Commissions established under sub-section (1) of section 28 of the Act in this State;
(c) "Government" means the Government of Tamil Nadu;
(d) "Nationalised bank" means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980);
(e) "President" means the President of the State Commission or the District Commission, as the case may be;
(f) "State Commission" means the Tamil Nadu Consumer Disputes Redressal Commission established under sub-section (1) of section 42 of the Act.
(2) The words and expressions used herein, but not defined, and defined in the Act shall have the meaning assigned to them in the Act.
3. Manner of depositing amount in appeals.- Where an appeal is filed under section 41 of the Act, the amount to be deposited by the appellant as provided in the second proviso to the said section shall be remitted in the form of a crossed Demand Draft drawn on a nationalised bank in favour of the Registrar of the State Commission or the Assistant Registrar of its Regional Bench at Madurai, as the case may be, payable at Chennai or Madurai, respectively.
4. Place of sitting and other matters relating to State Commission.- (1) The office of the State Commission shall be located at Chennai.
(2) The office of the Regional Bench of the State Commission shall be located at Madurai.
(3) The working days and the office hours of the State Commission and Regional Bench of the State Commission shall be the same as that of the Government.
(4) Every proceeding of the State Commission shall be conducted by members of a Bench constituted by the President of the State Commission with one or more members as he may deem fit.
(5) Every order made by the State Commission shall be signed and dated by the members who conducted the proceeding and if there is any difference of opinion among the members of the Bench, the opinion of the majority shall be the order of the State Commission and the order shall be communicated to the parties concerned, free of cost.
5. Place of sitting and other matters relating to District Commission.- (1) The Office of the District Commission shall be located at the headquarters of the district concerned.
(2) The working days and the office hours of the District Commission shall be the same as that of the Government.
Sep. 20, 2023] TAMIL NADU GOVERNMENT GAZETTE 83(3) Every proceeding of the District Commission shall be conducted by members of a Bench constituted by the President of the District Commission with one or more members as he may deem fit.
(4) Every order made by the District Commission shall be signed and dated by the members who conducted the proceeding and if there is any difference on opinion among the members of the Bench, the opinion of the majority shall be the order of the District Commission and the order shall be communicated to the parties concerned, free of cost.
6. Emblem and seal.- (1) The State Commission shall use the State emblem in their official letter heads. The single colour black emblem in full shall be used with designation within two concentric arcs of two-thirds of a circle.
(2) The State Commission shall use the seal with two concentric arcs of two-thirds of a circle with the inscriptions, namely, "STATE CONSUMER DISPUTES REDRESSAL COMMISSION" and with State emblem at the centre.
7. Seal of the District Commission.- The District Commissions shall use the seal with two concentric arcs of two-thirds of a circle with the inscriptions, namely, "DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION" and the name of the district at the centre.
8. Manner of authentication of goods by the State Commission and District Commission for analysis and testing.- (1) The State Commission or the District Commission, as the case may be, may direct the complainant to provide one or more sample of the goods in clean containers with stopper properly fixed on them for the purpose of testing or analysis.
(2) On receiving the samples of such goods, the State Commission or the District Commission, as the case may be, shall seal it and fix lables on the containers carrying the following information, namely:-
(a) the name and address of the appropriate laboratory to whom the sample shall be sent for analysis and test;
(b) the name and address of the State Commission or the District Commission, as the case may be;
(c) the case number;
(d) the nature of articles sent for analysis and test; and
(e) the official seal of the State Commission or the District Commission, as the case may be.
(3) The sealed sample shall be sent to the recognised laboratory by the State Commission or the District Commission, as the case may be.
(4) The recognised laboratory shall, after receiving sealed sample and examining it, shall forward its report to the State Commission or the District Commission, as the case may be, within forty-five days or within such extended time as may be granted by the State Commission or the District Commission, as the case may be, specifying the nature of the defect and date of submission of report.
D. JAGANNATHAN,
Secretary to Government.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU