CONSUMER PROTECTION REGULATIONS, 2005
(1) These regulations may be called the Consumer Protection Regulations, 2005.
(2) They shall come into force on the date of their publication in the Official Gazette.
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1. Vide G.S.R. 342 (E), dated 31st May, 2005, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 31st May, 2005.
In these regulations unless the context otherwise requires,—
(a) “Act” means the Consumer Protection Act, 1986 (68 of 1986);
(b) “Consumer Forum” means a District Forum, a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9 (hereafter called the State Commission) or the National Consumer Disputes Redressal Commission;
(c) “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;
(d) “rules” means the rules made under the Act;
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(e) “section” means a section of the Act;
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The Consumer Protection Regulations, 2005 were framed by the National Consumer Disputes Redressal Commission in exercise of powers conferred by Section 30A of the Consumer Protection Act, 1986. These regulations establish the procedural framework for the functioning of Consumer Fora across India, covering aspects such as institution of complaints, service of notices, hearing procedures, limitation periods, and other ancillary matters. While specific sources do not explicitly mention "Regulation R.2", the regulations contain various procedural provisions (including Regulation 2 which deals with definitions) that have been judicially interpreted in multiple decisions. This commentary analyzes the regulatory framework under the Consumer Protection Regulations, 2005 based on available judicial precedents.
The Consumer Protection Regulations, 2005 provide a comprehensive procedural code for consumer dispute resolution. Key provisions discussed in judicial precedents include:
Based on judicial interpretation of the Consumer Protection Regulations, 2005:
The Consumer Protection Regulations, 2005 apply to:- All complaints, appeals, and petitions filed under the Consumer Protection Act, 1986- Proceedings before District Fora, State Commissions, and the National Commission- Both consumers and opposite parties [S. R. Ramesh Babu VS Federal Bank Ltd. - Consumer (2014)]
The regulations themselves do not prescribe penal consequences. However, non-compliance with procedural requirements under the regulations can lead to:- Dismissal of appeals/revision petitions as time-barred for delay- Ex-parte proceedings for failure to file written versions within prescribed time- Rejection of applications for non-compliance with procedural requirements
Mandatory Limitation - Regulation 14 prescribes strict limitation periods; the Consumer Fora have no inherent power to extend time beyond specified limits, and special limitation periods under the Act must be strictly adhered to [NEW INDIA ASSURANCE CO. LTD. VS HILLI MULTIPURPOSE COLD STORAGE PVT. LTD. - 2020 0 Supreme(SC) 234, Para 13,15,17]
Notice Period Compliance - Regulation 10 requires service of notice for a period of not less than 30 days; failure to comply renders proceedings invalid and condemns parties unheard [NEHA SHARMA VS WILLS LIFESTYLE - Consumer (2011)]
Review by Circulation - Regulation 15(2) providing for deciding review petitions by circulation is valid and not ultra vires the Act; National Commission has power to adopt such procedure [Surendra Mohan Arora VS HDFC Bank Ltd. - Consumer (2014), Para 11]
Same Bench Rule - Review petitions under Regulation 15 must be disposed of by the same Bench that delivered the order sought to be reviewed; listing before inappropriate Bench is improper [Leena Kulkarni VS Suresh Mohiniraj Choudhary - Consumer (2013)]
Pre-2005 Revisions - Before the 2005 Regulations came into force, no specific time limit existed for filing revisions; revisions filed prior to the regulations cannot be dismissed as time-barred [SUMATI KESHAV JOSHI VS TECHNA ESSESA ENGINEERS - Consumer (2005), Para 4]
Execution Limitation - Regulation 14 applies to execution applications as no separate limitation is prescribed in the Act; delay beyond 30 days requires condonation with sufficient cause [Kanta Devi VS Bajaj Allianz General Insurance Company Limited - 2017 0 Supreme(HP) 1214, Para 8-9]
Defect Removal Time - Delay in refiling after removing defects cannot be made a ground for dismissing appeal if time limit was prescribed by administrative order [S. R. Ramesh Babu VS Federal Bank Ltd. - Consumer (2014), Paras 4-8]
Condonation Discretion - While Regulation 14 permits condonation of delay, courts must keep in mind that special limitation periods under the Act serve the object of expeditious adjudication [Medical Director, Amrita Institute of Medical Science and Research Centre VS S. Vijayan - Consumer (2016), Paras 6-8]
Written Arguments - Regulation 13(2) permits parties to file brief notes of written arguments; this is a standard procedural requirement before Consumer Fora [RAJNI SURYAKANT GUJAR VS SHREE VINAYAKA DEVELOPERS - Consumer (2016), Para 8]
Right of Audience - Regulation 16 confers right of audience on recognized consumer organizations; voluntary consumer associations are permitted to address forums on behalf of consumers [Kusum Pandurang Bhosale VS Br. Officer, Oriental Insurance Co. Ltd. - Consumer (2007), Para 6]
Record Inspection - Regulation 22 allows only parties in dispute or their agents to inspect records; no third party can inspect records of decided cases [INDERJEET SINGH VS CENTRAL PUBLIC INFORMATION OFFICER, NCDRC - 2013 0 Supreme(Del) 1037]
CPC Applicability - Regulation 26 mandates that parties and counsel shall endeavor to avoid use of CPC provisions; CPC applies only to the extent specifically provided in the Act [Ethiopian Airlines VS Ganesh Narain Saboo - 2011 0 Supreme(Raj) 775, Paras 24-25]
Mandatory Time for Response - The 30+15 day period for filing written versions under Section 13(2)(a) read with Regulation 10 is mandatory; no further extension is permitted [NEW INDIA ASSURANCE CO. LTD. VS HILLI MULTIPURPOSE COLD STORAGE PVT. LTD. - 2020 0 Supreme(SC) 234, Para 21]
Government Diligence - Government departments must act with diligence; their delay in filing appeals/revisions due to bureaucratic procedures is not sufficient cause for condonation [Chief Officer, Nagpur Housing And Area Development Authority VS Bapu Vitthal Shastrakar - Consumer (2016), Paras 6-9]
Persistent Defaults - Repeated defaults and neglect in prosecuting matters cannot be condoned; unexplained delay beyond review period remains unexcusable [VRL Logistic Ltd. , (Formerly M/s. Vijayanand Roadlines Limited) VS M. M. Gears Pvt. Ltd. - Consumer (2012), Paras 3-4]
Inordinate Delay - Delays of 993 days, 2603 days, or similar inordinate periods without cogent explanation cannot be condoned; the object of the Act would be defeated [Bank of Baroda VS Vinod Mohanlal Patel - Consumer (2018), Paras 9-12]
Consumer Definition - Ownership is not a prerequisite for consumer status; an occupant paying for services is a consumer under the Act [SUMATI KESHAV JOSHI VS TECHNA ESSESA ENGINEERS - Consumer (2005), Paras 5-7]
Electricity Act Bar - Section 145 of the Electricity Act, 2003 expressly bars Consumer Fora from granting interim injunction regarding actions under that Act; Consumer Fora must respect this jurisdictional limitation [Asst. Engineer VS Jessy Rajan, Managing Partner, Solar Industries - Consumer (2006), Para 9]
Disparaging Advertisements - False representations in advertisements fall within the definition of "unfair trade practice" under Section 2(1)(r); Consumer Fora have jurisdiction over such complaints [Reckitt Benckiser (India) Private Limited, Haryana VS ITC Limited, Rep by its Constituted Attorney, P. Ramkumar - 2022 0 Supreme(Mad) 1157, Para 65-68]
(1) A Consumer Forum, being not a regular court, shall have the arrangements as to depict it distinct from a court.
(2) In the hall in which the Consumer Forum shall hear the parties, the dais may not be kept more than 30 c.m. in height than the place earmarked for the parties to occupy.
(3) At the dais of the hall, the President and the members of the Consumer Forum shall use the same type of chairs at the same level and these chairs need not have high backs.
(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.
Subject to the provisions of the rules, the normal working hours of the Consumer Forum for hearing matters shall be from 10.30 a.m. to 1.00 p.m. and 2.00 p.m to 4.00 p.m on all working days of the Central Government in the case of the National Commission and on all working days of the State Government in the case of the State Commission and the District Forum.
(1) Cause list of the Consumer Forum for the following entire week shall be made ready before the close of the working hours of the preceding week and displayed on the notice board. The cause list in respect of a Consumer Forum having a website shall also be hosted on the website.
(2) Cause list shall be split into three different parts, namely:—
(i) Admission and after notice matters;
(ii) Matters where evidence is to be recorded;
(iii) Final disposal matters.
(3) Every cause list shall contain the following particulars, namely—
(1) Sl. No. (2) No. of the Matter (3) Names of the Parties (4) Name of the Party or
(1) Where a complaint is filed in District Forum or State Commission it shall be filed in three sets and where it is filed in the National Commission it shall be filed in four sets with additional sets equal to the number of opposite party(ies)/respondent(s).
(2) Every complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to prove the claim made in the complaint.
(1) A complaint shall hereinafter be referred to as Consumer Complaint (C.C.) instead of O.P., e.g., C.C. No. 2 of 2005.
(2) An appeal shall be referred to as F.A., Revision Petition as R.P., Execution Application as E.A, Transfer Application T.A. and Review as R.A. containing the number and the year of filing.
(1) Every complaint, appeal, or revision petition shall after it is filed be numbered by the Registrar.
(2) If there is any defect in the filing of the complaint, appeal or revision petition, the particulars of such defects shall be recorded and the party or his agents shall be informed of the defects asking them for removing the defects within 15 days.
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(3) In case the party disputes in the correctness of the defects pointed out the matter shall be placed before the Consumer Forum for appropriate orders.
(4) After the expiry of the time given, the matter shall, irrespective of the fact as to whether the defects have been removed or not, be placed before the Consumer Forum for appropriate orders.
(5) If
(1) Whenever the Consumer Forum directs the issuance of a notice in respect of a complaint, appeal or revision petition, as the case may be, to the opposite party(ies)/respondent(s), ordinarily such notice shall be issued for a period of 30 days and depending upon the circumstances of each case even for less than 30 days.
(2) When there is a question of raising presumption of service, 30 days notice shall be required.
(3) Whenever notices are sought to be effected by a courier service, it shall be ascertained that the courier is of repute.
(4) While appointing the courier for the purpose of effecting service, security deposit may also be taken.
(5) Along with the notice, copies of the complaint, memorandum of grounds of appeal, petitions as the case
(1) Every proceeding before a Consumer Forum shall be conducted as expeditiously as possible and as per the requirements of the Act.
(2) The Consumer Forum shall record the reasons for any adjournment made by it.
(3) The cost of adjournment, if asked by the opposite party or parties, shall not be less than five hundred rupees per adjournment and could be more depending upon the value and nature of the complaint as may be decided by the Consumer Forum.
(4) The complainant, appellant or petitioner, as the case may be, may also be burdened with cost unless sufficient cause is shown for seeking adjournment:
Provided that in the circumstances of a particular case, the amount of cost imposed may be less than five hundred rupees but in no case less than on
Where a Bench, constituted by the President of the State Commission or the National Commission as provided under section 16 or section 20, as the case may be, does not have a member with judicial background and any complex question of law arises and there is no precedent to decide the law point, the Bench so constituted may refer the matter to the President of the State Commission or the National Commission as the case may be to constitute another Bench of which the President shall be a member.
(1) Arguments should be as brief as possible and to the point at issue.
(2) Where a party is represented by a counsel, it shall be mandatory to file a brief of written arguments two days before the matter is fixed for arguments.
(3) In case of default to file briefs, the cost shall be imposed at the same rates as laid down for grant of adjournments.
Section R.13 of the Consumer Protection Regulations, 2005, pertains to the procedures and limitations regarding the filing of complaints, appeals, reviews, and other proceedings within the consumer dispute redressal mechanism. It aims to streamline the process, specify timelines, and ensure expeditious justice for consumers while maintaining procedural discipline.
Section R.13 prescribes the procedures for filing complaints, appeals, and review petitions before Consumer Forums, State Commissions, and the National Commission. It emphasizes timelines, authorizes authorities to delegate certain functions, and sets limits on extensions and delays, with an overarching goal of ensuring timely disposal of consumer disputes.
While Section R.13 itself does not prescribe specific punishments, non-compliance with its provisions—such as filing beyond time limits without sufficient cause—can lead to:- Dismissal of petitions or appeals as barred by limitation.- Imposition of costs or penalties for frivolous or delayed filings.- Potential contempt proceedings if procedural directions are willfully disobeyed.
This concise legal commentary integrates judicial pronouncements, statutory interpretations, and procedural principles to underscore the importance of timely, diligent, and proper filing within the consumer dispute resolution mechanism under the Consumer Protection Regulations, 2005.
(1) Subject to the provisions of sections 15, 19 and 24A, the period of limitation in the following matters shall be as follows:—
(i) Revision Petition shall be filed within 90 days from the date of the order or the date of receipt of the order as the case may be;
(ii) Application for setting aside the ex-parte order under section 22A or dismissal of the complaint in default shall be maintainable if filed within thirty days from the date of the order or date of receipt of the order, as the case may be;
(iii) An application for review under sub-section (2) of section 22 shall be filed to the National Commission within 30 days from the date of the order or receipt of the order, as the case may be;
(iv) The period of limitation for filing a
(1) It shall set out clearly the grounds for review.
(2) Unless otherwise ordered by the National Commission, an application for review shall be disposed of by circulation without oral arguments, as far as practicable between the same members who had delivered the order sought to be reviewed.
(1) Recognised Consumer Organisations have a right of audience before the Consumer Forum.
(2) An authorisation of a Voluntary Consumer Organisation may be by way of special power of attorney executed on a non-judicial paper or even on plain paper duly attested by a Gazetted Officer or a Notary Public.
(3) The Power of Attorney holder shall be entitled to engage a counsel, if authorised to do so.
(4) A Voluntary Consumer Organisation can engage a counsel or an advocate of its choice or it can itself represent through one of its office bearers as per the rules governing it.
(5) In case of a complaint where the Voluntary Consumer Organisation is a complainant along with the consumer himself and the dispute affects the complainant individually, he can w
Any ex-parte interim order issued by the Consumer Forum shall stand vacated after 45 days if in the meanwhile the objections to the interim order are not heard and disposed of.
(1) An order on the top right hand comer shall show as to when the complaint was filed and the date of the order.
(2) The cause title of the order shall contain the names of all the parties with their addresses.
(3) In the body of the order it is desirable that after mentioning the complainant or the opposite party, their names as shown in the title be mentioned and parties thereafter may not be mentioned as complainant or opposite party No. 1 or opposite party No. 2, etc.
(4) The cause title shall also clearly show if the appellant or respondent was the complainant or opposite party.
(5) The order of a Consumer Forum disposing of a matter shall be as short and precise as practicable and unnecessary long quotations from the judgments of the higher c
(1) A Consumer Forum is expected to dispose of at least 75 to 100 matters every month.
(2) A periodic monthly return of institution and disposal of cases shall be sent by the District Forums to the State Commission.
(3) The State Commission shall submit a periodic monthly return of institution and disposal of cases to the National Commission.
(4) Notwithstanding anything contained in this regulation, the President of the National Commission may, at any time, call for any return or information relating to its functioning from a State Commission or District Forums.
(1) In the case of complaint, the record containing main files with original order sheet shall be preserved for a period of five years.
(2) In the case of records of first appeal and revision petitions, it shall be preserved for three years from the date of disposal of the appeal or revision as the case may be.
(3) Immediately after the consumer complaint, first appeal or revision petition, as the case may be, is disposed of, extra sets shall be given to the parties who may use the same for filing of appeal or revision petition and in that case the necessity to summon the record from the forums below can be dispensed with.
(4) The Registrar shall inform the parties while forwarding the certified copy of the final order, where they do not appear in person at the time of finally disposing of the
(1) A copy of the order is to be given to the parties free of cost as required under the Act and the rules made thereunder.
(2) In case a party requires an extra copy, it shall be issued to him duly certified by the Registry on a payment of Rs. 20 irrespective of number of pages.
(3) A certified copy of an order shall clearly specify the date when free copy was issued, date of application, date when the copy was made ready and the date when it was so delivered to him.
(4) A fee of Rs. 20 shall be paid for obtaining another certified copy.
(5) Any party desiring to get a certified copy of any document on the file of the Consumer Forum, may get the same on payment of certification fee of twenty rupees per copy. Provided that if any such document of wh
Parties or their agents can inspect the records of any matter by filing an application on payment of ten rupees as fee.
Wherever a complaint is required to be filed by the Consumer Forum under sub-section (5) of section 13, the Consumer Forum may authorise its Registrar to file the complaint.
The National Commission shall be entitled to issue practice directions from time to time as may be necessary for the proper conduct of the cases before Consumer Forum including prescribing forms for complaints, notices, returns, certificate to be issued to the collector and the like.
Where a party appears in person and is illiterate, the Court Master or Bench Clerk shall give to that party the next date of hearing in writing.
(1) In all proceedings before the Consumer Forum, endeavour shall be made by the parties and their counsel to avoid the use of provisions of Code of Civil Procedure, 1908 (5 of 1908):
Provided that the provisions of the Code of Civil Procedure, 1908 may be applied which have been referred to in the Act or in the rules made thereunder.
(2) Every State Commission and every District Forum shall take steps for its computerisation and networking.
(3) The Consumer Forum shall give proper respect and courtesy to the parties who appear in person and shall provide separate accommodation in the Hall for the convenience of the parties.
(4) The Consumer Forum shall not insist upon the parties to engage advocates.
(5)
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