NCDRC Notifies New Procedural Regulations for Consumer Commissions

The National Consumer Disputes Redressal Commission (NCDRC) issued the Consumer Protection (Consumer Commission Procedure) Regulations, 2020, on July 24, 2020. These regulations, published in the Official Gazette, came into force immediately upon their publication. The new framework was established in exercise of powers conferred by sub-section (1) of section 103 of the Consumer Protection Act, 2019 (35 of 2019), and effectively supersedes the Consumer Protection Regulations, 2005, with the exception of actions already taken or omitted under the previous regulations. The issuance of these regulations by the NCDRC, with the prior approval of the Central Government, aims to standardize and streamline the procedural aspects governing the functioning of District, State, and National Consumer Commissions across India.

The regulations introduce a comprehensive set of guidelines for the conduct of proceedings before Consumer Commissions. Key provisions include definitions for terms such as 'agent', 'Consumer Commission', and 'Registrar', ensuring clarity in their application. The regulations stipulate that a Consumer Commission, distinct from a regular court, shall have specific arrangements, including a dais not exceeding 30 centimetres in height and uniform seating for the President and members. A dress code has been prescribed, requiring simple and sober attire for the President and members, explicitly prohibiting flashy dress, jeans, T-shirts, or attire designated for High Court or District Court judges. Complainants, opposite parties, counsel, and agents are also mandated to adhere to a similar dress code. Standardized hearing hours are set from 10:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 p.m. on working days. Detailed rules for the preparation and display of tentative and final cause lists, including specific particulars, have been laid down. The regulations also specify the number of sets required for filing complaints, appeals, and revision petitions, along with the necessary accompanying documents. A standardized nomenclature for various applications, such as 'Consumer Complaint' (C.C.) and 'First Appeal' (F.A.), has been introduced. Procedures for the scrutiny of complaints, including a 15-day period for defect removal and a 21-day timeline for deciding admissibility, are outlined. Notices are generally to be issued for a 30-day period, with provisions for reputable courier services and security deposits. Adjournments are to be granted only in exceptional circumstances, with reasons recorded and potential imposition of costs. The regulations also address the constitution of Benches, particularly when complex questions of law arise without a member having a judicial background. Specific limitation periods are prescribed for revision petitions (90 days), applications to set aside ex-parte orders or dismissals (30 days), and review applications (30 days), with a general 30-day period for unspecified applications from the date of cause of action or knowledge. The legislation provided: “Every proceeding before a Consumer Commission shall be conducted as expeditiously as possible and as per the requirements of the Act.” The regulations also grant Voluntary Consumer Organisations a right of audience, detailing their authorization and their ability to continue a complaint involving unfair or restrictive trade practices even if the consumer withdraws. Timelines for deciding applications to vacate or modify ex-parte interim orders (45 days) and for passing final orders (30 days) are established. Provisions for monthly returns on case institution and disposal, preservation of records, issuance of certified copies, inspection of records, and authorization for filing criminal complaints are also included. The National Commission is empowered to issue practice directions, and special provisions are made for illiterate parties and for prioritizing cases involving senior citizens, physically challenged individuals, widows, and those with serious ailments.

The legislative intent behind these regulations is to provide a robust and uniform procedural framework for the effective functioning of Consumer Commissions under the new Consumer Protection Act, 2019. By superseding the Consumer Protection Regulations, 2005, the new regulations aim to address the statutory gaps and limitations that may have existed under the previous regime, ensuring that the procedural aspects align with the enhanced consumer protection measures introduced by the 2019 Act. The policy rationale emphasizes expeditious disposal of cases, clarity in proceedings, and a consumer-friendly environment. The regulations introduce new obligations for parties and commissions, such as adherence to dress codes, strict timelines for various stages of proceedings, and standardized documentation. They also clarify the role and conduct of Voluntary Consumer Organisations, recognizing their importance in consumer advocacy while guarding against misuse. The emphasis on computerization and networking of commissions, along with the prioritization of vulnerable groups, underscores a commitment to modernizing and humanizing the consumer redressal process. The regulations also seek to minimize the application of the Code of Civil Procedure, 1908, unless specifically referenced in the Act or rules, thereby maintaining the distinct and less formal nature of consumer dispute resolution.

Keywords: Consumer Protection, NCDRC, Consumer Commission, Regulations, Procedure, India, Consumer Rights, 2020, Redressal Geo Tags: India, Delhi District: Not Applicable