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{{Infobox high court
| court_name = West Bengal State Consumer Disputes Redressal Commission
| native_name =
| established = 1986
| jurisdiction = [[West Bengal]]
| location = Kreta Suraksha Bhawan,3rd Floor,11 A, Mirza Ghalib Street,Kolkata-700087.<ref name="wbc ref1">{{cite web |title=West Bengal Consumer Redressal Commission |url=https://wbconsumers.gov.in/HtmlPages/con_KeyContact.aspx |website=West Bengal Consumer Redressal Commission |access-date=31 January 2022}}</ref>
| appealsto =
| terms = 3 years from the date of entering office or up to 65 years of age (whichever is earlier)
| website = https://wbconsumers.gov.in/HtmlPages/con_StateCommisionpage.aspx
| chiefjudgetitle = President, West Bengal State Consumer Disputes Redressal Commission
| chiefjudgename = Hon'ble Mr. Justice Ishan Chandra Das
| chiefjudgetitle2 =
| chiefjudgename2 =
}}

The '''West Bengal State Consumer Disputes Redressal Commission''' is an [[autonomous]], [[statutory]] and [[constitution]]al 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 [[consumer]]s. It is a system of [[Alternative dispute resolution|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 governments of India|state government]] in consultation with the [[Chief justice|Chief Justice]] of state [[High courts of India|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.<ref name="scd ref17">{{cite news |title=Consumer Protection Act, 2019: Meaning and Key Features |url=https://www.jagranjosh.com/general-knowledge/meaning-and-features-of-consumer-protection-act-2019-1578557665-1 |access-date=29 January 2022 |publisher=Jagranjosh |date=23 July 2020}}</ref><ref name="scd ref15">{{cite news |title=Consumer commission vacancies: SC warns of imposing exemplary costs on state govts for non-compliance {{!}} India News - Times of India |url=https://timesofindia.indiatimes.com/india/consumer-commission-vacancies-sc-warns-of-imposing-exemplary-costs-on-state-govts-for-non-compliance/articleshow/87631508.cms |access-date=28 January 2022 |work=The Times of India |date=10 November 2021 |language=en}}</ref><ref name="scd ref8">{{cite news |title=No chambers or even staff washrooms — bleak state of India's consumer courts reaches SC |url=https://theprint.in/judiciary/no-chambers-or-even-staff-washrooms-bleak-state-of-indias-consumer-courts-reaches-sc/780705/ |access-date=27 January 2022 |publisher=ThePrint |date=14 December 2021}}</ref><ref name="scd ref5">{{cite news |title=Consumer cases in district levels drop 26% in 2020 |url=https://www.thehindubusinessline.com/news/consumer-cases-in-district-levels-drop-26-in-2020/article37902841.ece |access-date=27 January 2022 |publisher=thehindubusinessline.com |date=8 December 2021 |language=en}}</ref>

== Composition ==

Following shall be the composition of West Bengal State Consumer Disputes Redressal Commission:<ref name="scd ref3">{{cite news |title=The Role Of Consumer Dispute Redressal Agencies - Academike |url=https://www.lawctopus.com/academike/consumer-dispute-redrsal-agencies/ |access-date=27 January 2022 |publisher=lawctopus.com |date=14 February 2015}}</ref><ref name="scd ref9">{{cite news |title=Consumer Protection Act and Medical Profession - Consumer Disputes Redressal Agencies |url=https://www.medindia.net/indian_health_act/consumer_protection_act_and_medical_profession_consumer_disputes_redressal_agencies.htm |access-date=27 January 2022 |publisher=medindia.net}}</ref>

# President and
# 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:<ref name="scd ref2">{{cite news |title=Government notifies new rules for consumer commissions; national body's jurisdiction enhanced |url=https://economictimes.indiatimes.com/news/india/government-notifies-new-rules-for-consumer-commissions-national-bodys-jurisdiction-enhanced/articleshow/88596171.cms |access-date=27 January 2022 |publisher=The Economic Times |date=30 December 2021}}</ref><ref name="scd ref1">{{cite news |title=District Consumer Forum is now District Commission; will hear cases of value up to ₹1 crore |url=https://www.hindustantimes.com/cities/district-consumer-forum-is-now-district-commission-will-hear-cases-of-value-up-to-1-crore/story-13pfET9A7TCnpHPkchnZ1O.html |access-date=27 January 2022 |publisher=Hindustan Times |date=16 September 2020 |language=en}}</ref><ref name="scd ref6">{{cite news |title=NCDRC's ambit widened for faster disposal of plaints {{!}} India News - Times of India |url=https://timesofindia.indiatimes.com/india/ncdrcs-ambit-widened-for-faster-disposal-of-plaints/articleshow/88603193.cms |access-date=27 January 2022 |work=The Times of India |date=31 December 2021 |language=en}}</ref><ref name="scd ref10">{{cite news |title=Central govt notifies new rules for enhancing consumer protection |url=https://www.business-standard.com/article/economy-policy/central-govt-notifies-new-rules-for-enhancing-consumer-protection-121123100116_1.html |access-date=27 January 2022 |publisher=Business Standard India |date=31 December 2021}}</ref>
* '''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).<ref name="wbc ref3">{{cite news |title=West Bengal State Consumer Disputes Redressal Commission sets up circuit bench in Siliguri |url=https://knnindia.co.in/news/newsdetails/state/west-bengal-state-consumer-disputes-redressal-commission-sets-up-circuit-bench-in-siliguri |access-date=31 January 2022 |publisher=knnindia.co.in |date=25 June 2018}}</ref>
* '''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).<ref name="wbc ref4">{{cite news |last1=Gupta |first1=Jayanta |title=West Bengal: Arrest warrant for delayed flat delivery {{!}} Kolkata News - Times of India |url=https://timesofindia.indiatimes.com/city/kolkata/arrest-warrant-for-delayed-flat-delivery/articleshow/71131314.cms |access-date=31 January 2022 |work=The Times of India |date=15 September 2021 |language=en}}</ref><ref name="wbc ref5">{{cite news |title=NCDRC directs SBI to pay ₹5L compensation for losing title deed of customer |url=https://www.livemint.com/industry/banking/ncdrc-directs-sbi-to-pay-rs-5-lakh-compensation-for-losing-title-deed-of-customer-11578486261550.html |access-date=31 January 2022 |publisher=mint |date=8 January 2020 |language=en}}</ref><ref name="wbc ref6">{{cite news |last1=Kini |first1=Ashok |title=State Consumer Commission Cannot Set Aside Ex-Parte Order: Reiterates SC [Read Order] |url=https://www.livelaw.in/top-stories/state-consumer-commission-cannot-set-aside-ex-parte-order-149200 |access-date=31 January 2022 |publisher=livelaw.in |date=24 October 2019 |language=en}}</ref>
* '''National Commission''' can accept complaints from consumer if the value of goods or services is more than 10 crores.

== Filing complaints ==
{{main|E-Daakhil}}

West Bengal State Consumer Disputes Redressal Commission laid down below process of filing and resolving complaints:<ref name="scd ref11">{{cite news |title=New rules for consumer commissions: Government issues notification - All you need to know |url=https://www.zeebiz.com/india/news-new-rules-for-consumer-commissions-government-issues-notification-all-you-need-to-know-174930 |access-date=27 January 2022 |publisher=Zee Business |date=30 December 2021}}</ref><ref name="scd ref4">{{cite news |title=The State Commission, Under Consumer Protection Act |url=https://www.legalserviceindia.com/articles/stco.htm |access-date=27 January 2022 |publisher=legalserviceindia.com}}</ref><ref name="scd ref14">{{cite news |title=Be it defective saree or tawa, consumers getting speedy justice via e-Daakhil: CCPA |url=https://economictimes.indiatimes.com/news/economy/policy/be-it-defective-saree-or-tawa-consumers-getting-speedy-justice-via-e-daakhil-ccpa/articleshow/87926927.cms |access-date=28 January 2022 |publisher=The Economic Times |date=26 November 2021}}</ref>

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. The 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.

== 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:<ref name="scd ref7">{{cite news |title=Changes in India's Consumer Protection Act 2019 |url=https://www.lawyer-monthly.com/2020/01/changes-in-indias-consumer-protection-act-2019/ |access-date=27 January 2022 |publisher=Lawyer Monthly {{!}} Legal News Magazine |date=31 January 2020}}</ref><ref name="scd ref13">{{cite news |title=State Commission Under Consumer Protection Act - Composition and Powers {{!}} Law column |url=https://www.lawcolumn.in/state-commission-under-consumer-protection-act-composition-and-powers/ |access-date=27 January 2022 |publisher=lawcolumn.in |date=20 June 2021}}</ref><ref name="scd ref16">{{cite news |title=National Consumer Disputes Redressal Commission - NCDRC |url=https://www.legalserviceindia.com/calendars-causelists/NCDRC.htm |access-date=29 January 2022 |publisher=legalserviceindia.com}}</ref>
* 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".
* As per the act consumer means " any person who buys any goods or hires or avails any services for a consideration which has already been paid or promised or partly paid and partly promised or under any system of deferred payment".
* Person includes anyone buying goods, either through online system or direct or offline, by way of teleshopping, or through mode of electronic includes direct selling or in a [[multi-level marketing]].
* Consumer does not include person buying or availing goods or services for resale or for any other commercial purpose.
* For the purpose of commission the terms are referred in [[Consumer Protection Act, 2019|Consumer Protection Act'2019]].

== Challenges ==
* The district, state and national level commissions face challenges of understaffing or non fulfillment of vacancies in time.<ref name="wbc ref2">{{cite news |last1=Byopadhyay |first1=Krishnendu |title=Case backlog soars in West Bengal's consumer court {{!}} Kolkata News - Times of India |url=https://timesofindia.indiatimes.com/city/kolkata/case-backlog-soars-in-consumer-court/articleshow/84772845.cms |access-date=31 January 2022 |work=The Times of India |date=27 July 2021 |language=en}}</ref><ref name="scd ref12">{{cite news |title=4 of 28 state consumer bodies at full strength, SC told, court says 'completely unacceptable' |url=https://theprint.in/judiciary/only-4-of-28-state-consumer-bodies-at-full-strength-sc-says-completely-unacceptable/714835/ |access-date=27 January 2022 |publisher=ThePrint |date=16 August 2021}}</ref><ref name="scd ref5" /><ref name="scd ref18">{{cite journal |title=THREE TIER MECHANISM OF CONSUMER DISPUTES REDRESSAL IN INDIA WITH SPECIAL REFERENCE TO THEIR FUNCTIONING |journal=ResearchGate |date=2017 |volume=4 |issue=4 |url=https://www.researchgate.net/publication/349412457 |access-date=31 January 2022 |language=en}}</ref>
* The report prepared by senior advocate on the directions of [[Supreme Court of India]] found out many shortcomings in the offices of district and state consumer redressal bodies in many states of India. These include absence of storage rooms for case files, lack of member chambers for convenience of members hearing complaints, non availability of court rooms and washrooms in selective cases.<ref name="scd ref8" />

== See also ==
* [[National Consumer Disputes Redressal Commission]]
* [[Telangana State Consumer Disputes Redressal Commission]]
* [[Odisha State Consumer Disputes Redressal Commission]]

== References ==

{{Reflist}}

== External links ==
* [https://wbconsumers.gov.in/HtmlPages/con_StateCommisionpage.aspx Official Website]

[[Category:Consumer Disputes Redressal Commissions of India]]

West Bengal State Consumer Disputes Redressal Commission - Revision history

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