The Consumer Protection (Search and Seizure and Compounding of offences by the Central Authority and Crediting of penalty) Rules, 2021

The Ministry of Consumer Affairs, Food and Public Distribution on 6^th December 2021 have published the Consumer Protection (Search and Seizure and Compounding of offences by the Central Authority and Crediting of Penalty) Rules, 2021. The rules notify the procedure of taking copies or extracts of documents, records, or articles seized or produced and disposal of articles subject to speedy or natural decay.

The Director General or any other officer or the District Collector who has the authority to seize or require any production of any document, record, or any article and the Director General or any other officer on his behalf or the District Collector shall return the same to the person from whom such document, record or article was seized or require such production within twenty days from the date of such seizure or production. In case The authority who has seized or required production of documents may take the copies of or extract from the document, record or article as its nature, before returning such document, record or article:

Provided that the authority who making the seizure or asking for production of document may require the person from whom such document, record or article was seized or required for production to take and provide such copy or extract to the appropriate authority.

Any offences committed for the first time may be compounded by an officer so authorized by the chief commission,  may either before or after the institution of any prosecution.

Any person may make an application in the form as specified by the Central Authority with the approval of Central Government to the compounding officer to compound the offences specified under section 96 of Consumer Protection Act.  

The compounding officer on the receipt of the application shall call for any other information within the period of thirty days or within such extended period as may be allowed by the compounding officer from the applicant which may be considered relevant for the examination of such application.

The compounding officer may, by order, giving reasons of arriving at the decision, either allow the application indicating the compounding amount or reject such application after considering the content of the application.  Provided that the application shall not be rejected unless an opportunity of being heard to be given to the applicant and the grounds of such rejection are mentioned in such order.

Further provides that the applicant shall not claim as a right that his offence be compounded and also the compounding officer shall not compound the offence where there are any contradictions, inconsistencies or incompleteness in the case of applicant.

The Consumer Protection (search and seizure and Compounding of offences by central government and crediting of punishments) Rule, 2021 act as a shield against sale of decayed articles and other such products. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufactures practice any illegal trade, this rule protects their right as a consumer.