Section 10 in Jammu and Kashmir Consumer Protection Rules, 1987
10. Procedure for hearing the appeal.
- (i) Under section 13 of the Act memorandum shall be presented by the appellant or his agent to the State Commission in person or be sent by registered post addressed to the commission.(ii)Every memorandum filed under sub-rule (1) shall be in legible handwriting 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 consequentively.(iii)Each memorandum shall be accompanied by a certified copy of the order of the Divisional Forum appealed against and such of the documents as may be required to support grounds of the memorandum.(iv)When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum of appeal shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation.(v)The appellant shall submit six copies of the memorandum of appeal to the Commission for official purpose.(vi)On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the State Commission. If appellant or his agent fails to appear on such date, the State Commission may, on its discretion, either dismiss the appeal or decide ex-parte on merits. If the respondent or his agent fails to appear on such date, the State Commission shall proceed ex-parte and shall decide the appeal on merits of the case.(vii)The appellant shall not, except by leave of the State Commission, argue or be heard in support of any objection not set forth in the memorandum but the State Commission, while deciding an appeal, may not confine to the grounds of objection set forth in the memorandum:Provided that the Commission shall not rest its decision on any other ground other than those specified in memorandum unless the party who may be. affected thereby, has been given, an opportunity of being heard by the State Commission.(viii)The State Commission, on such terms as it may think fit and at any stage, adjourn the hearing of the appeal, but not more than one adjournment shall ordinarily be given and the appeal should be decided as far as possible, within 90 days from the first date of hearing.(ix)The order of the State Commission on appeal shall be signed and dated by the members of the State Commission and shall be communicated to the parties free of charge.
