Representation Before District Consumer Commissions (DCDRC) & the State Commission

Complaints before District Consumer Disputes Redressal Commissions and the State Commission on defective goods, insurance, banking and builder delay.

A consumer who has bought a defective product or received a deficient service can complain to a Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. The firm’s advocates in Siliguri appear before the District Commissions of North Bengal and the West Bengal State Commission for complainants and, where needed, for service providers.

Which Commission hears a complaint

The forum depends on the value of the goods or services paid for, under the rules made under the 2019 Act.

ForumPecuniary limit (value of consideration paid)
District CommissionUp to ₹50 lakh
State CommissionAbove ₹50 lakh and up to ₹2 crore
National CommissionAbove ₹2 crore

A complaint is filed where the opposite party carries on business or where the complainant lives or works. Complaints can be filed online through the e-Daakhil portal. No fee is charged on claims up to ₹5 lakh.

Common complaints

  • Banking and payments: wrongful debits, failed UPI or card transactions where the amount was deducted, unauthorised transactions, and delay in reversal. See Cyber Financial Fraud Recovery.
  • Insurance: rejected or delayed health, life, motor and property claims.
  • Real estate: delay in handing over a flat, defects in construction and refund of booking amounts. Where the Real Estate (Regulation and Development) Act, 2016 applies, a complainant may also have a remedy before the Real Estate Regulatory Authority.
  • Goods and e-commerce: defective products, non-delivery and refusal of refunds.
  • Services: telecom, electricity billing, education and medical services.

What the Commission can order

Refund of the price, replacement of the goods, removal of the defect or deficiency, compensation for loss and mental agony, costs, and in suitable cases a direction to stop an unfair trade practice. The relief depends on the evidence placed before the Commission.

Time limits and appeals

  • A complaint must be filed within two years from the date the cause of action arose, and the Commission can condone delay for sufficient reason.
  • An appeal from a District Commission lies to the State Commission within 45 days, and from the State Commission to the National Commission within 30 days. A party ordered to pay must deposit half the amount to appeal.
  • Further appeals lie to the Supreme Court.

Documents usually needed

  • Invoice, receipt, policy, agreement or booking letter
  • Bank statement or transaction record showing the amount paid or debited
  • Complaints made to the seller, bank or insurer, with replies
  • Legal notice sent and its proof of delivery
  • Photographs, reports or expert opinions on the defect

Forums

District Consumer Disputes Redressal Commissions at Siliguri, Jalpaiguri, Cooch Behar, Malda, Raiganj and other North Bengal districts, and the West Bengal State Commission. In Sikkim, see the Sikkim courts page.

Where the firm acts

Siliguri, Jalpaiguri, Darjeeling and other towns in North Bengal. See Jalpaiguri and Maynaguri and Darjeeling, Kalimpong and Kurseong.

Frequently asked questions

Do I need an advocate to file a consumer complaint?

No. A complainant can appear in person. Many choose an advocate for drafting and for hearings.

Can I complain about a bank for a failed UPI transfer?

Yes, if money was deducted and not credited or reversed within the time the bank is required to follow, and the bank did not resolve it. The facts and the bank’s rules decide the outcome.

What is the time limit for a complaint?

Two years from the cause of action, which the Commission can extend for good reason.

Is there a court fee?

A fee is charged for higher claims and none for claims up to ₹5 lakh, under the current rules. Check the fee table before filing.

This page is general information, not legal advice. This website does not advertise or solicit work, in line with the rules of the Bar Council of India.

Disclaimer

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Complaints about an advocate

A complaint about the professional conduct of an advocate is made to the State Bar Council on whose roll the advocate is enrolled. Under Section 35 of the Advocates Act, 1961 the State Bar Council refers a complaint of professional or other misconduct to its Disciplinary Committee.

A complaint is made as a signed and verified petition, with the prescribed fee, in the format the State Bar Council provides. Please check the current format and fee with the Bar Council.

Bar Council of West Bengal

Bar Council of India
www.barcouncilofindia.org/