NCP Rules 7

Section 7 · Place of sitting and other matters relating to State Commission

- [Section 14(3) read with Section 18]. (1) The 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 such as the State Government may specify.

(4)

Sitting of the State Commission, as an when necessary, shall be convened by the President.

(5)

No act or proceedings of the State Commission shall be invalid by reason only of the existence of any vacancy among its Member 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 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.

(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, State Commission fixes a date for hearing of the parties, it shall be obligatory on the complainant and opposite party or his authorised 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 authorised 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 merits. Where the opposite party or its authorised agent fails to appear on the day of hearing, the State Commission may decide the complaint ex parte.

(9)

While proceedings 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)

Orders 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.

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