West Bengal State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in West Bengal under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
History and objective
West Bengal State Consumer Disputes Redressal Commission was formed to promote and protect the rights of consumers as per the Consumer Protection Act 1986.
Composition
Following shall be the composition of West Bengal State Consumer Disputes Redressal Commission:
1. President and
2. Not less than two members and not more than that presribed in State Act.
President will be appointed by state Government in consultation with the Chief Justice of state High Court. The eligibility for president is that he should be serving or served as Judge in any High Court. Members should be of 1. Not less than 35 years of age and 2. recognised university bachelor degree 3. With good ability,integrity and standing and with proficient experience of 10 years and expertise knowledge in subjects of accountancy,law,commerce,economics,industry,administration and public affairs and problem solving ability in same.
Also not more than fifty percent of members of committee should be from judicial background.
Hon'ble Mr. Justice Ishan Chandra Das is the President of West Bengal State Consumer Disputes Redressal Commission.
Levels and jurisdiction
West Bengal State Consumer Disputes Redressal Commission was formed for promoting and protecting the rights of consumers through three levels with the below mentioned jurisdiction:
District Commission (earlier referred to as District Forum) can accept complaints from consumer if the value of goods or services is up to ₹1 crore (Earlier limit was ₹20 lakh).
State Commission can accept complaints from consumer if the value of goods or services is more than ₹1 crore but less than ₹10 crores ( earlier limit was between ₹20 lakh and ₹1 crore).
National Commission can accept complaints from consumer if the value of goods or services is more than 10 crores.
Procedure to file complaints
West Bengal State Consumer Disputes Redressal Commission laid down below process of filing and resolving complaints:
Complaints can be filed electronically and examination of disputing parties is done through video-conferencing which includes hearing and/or examination through any other mode.
Complaints to be resolved as early as possible. Time period for resolving dispute in case the complaint does not require analysis and testing of product quality is 3 months from the date of receipt of notice by the opposite party. However if the complaint requires analysis or testing of product quality the time limit for resolving dispute is within 5 months.
Complaints can be filed using E-Daakhil Portal which is hassle free, speedy and economical facility and made for convenient of consumers to approach the respective consumer forum. It also avoid the need of consumers to travel and be available physically in the commission.
E-Daakhil Portal had been incorporated features like sending e-notice, downloading case document link, providing link for Video call hearing, filing of response in writing by opposite party, rejoinder filing by the person complaining and sending sms and e-mail alerts.
Currently 43,000 users have registered on the E-Daakhil Portal with around 10,000 cases being filed.
Penalties and imprisonment
Manufacturers and Service providers are made punishable as a criminal offence for giving misleading information or for wrong advertisement of product.
Punishment may include fine of Rs 10 lakhs or imprisonment for 2 years or both.
Investigative agency
Violation of consumer rights or unfair trade practices is investigated by the Investigation wing headed by Director-General level position in Central Consumer Protection Authority (CCPA).
Important terms
Following are the important terms in West Bengal State Consumer Disputes Redressal Commission:
As per the act "Goods" means anything purchased by consumers either in retail or wholesale from retailers or wholesalers. They can either be produced or manufactured.
As per the act "services" means those which are in the form of "transport,telephone,electricity,housing,banking,insurance,medical treatment etc".