Consumer Court in Darjeeling

What is the Consumer Forum?

Consumer Forum Darjeeling, also known as the Consumer Disputes Redressal Forum of Darjeeling - West Bengal, is established to protect consumer rights and provide a swift and cost-effective solution for consumer complaints. Consumer Forum Darjeeling provides a platform for consumers of Darjeeling - West Bengal to file complaints against unfair trade practices by the seller, any type of defect in products, or deficient services. There are three levels of Consumer Forum – District Forum i.e Darjeeling, State Forum i.e. State Commission consumer forum, and National Forum, each with varying jurisdictions. The main purpose of Darjeeling consumer forum is to safeguarding consumers' interests and promoting ethical business practices by holding companies accountable for any violations of consumer rights.

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Who can file a complaint before a Darjeeling Consumer Forum?

In general, any consumer who has purchased goods or availed any service for the personal use can file a complaint before a Darjeeling Consumer Forum.

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Defination of Consumer in THE CONSUMER PROTECTION ACT, 2019

(7) "consumer" means any person who—

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

Explanation.— For the purposes of this clause,—
(a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;
(b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

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What type of cases can be filed in Consumer Forum?

If you have any disputes and grievances related to your purchase of goods or services and the company is not solving your problem even after filing complaint to the customer care, you can file case against that company in Consumer Forum.

Defective Goods : Consumer can file cases if the purchased goods are defective, substandard, or not as described.

Deficient Services : Complaints regarding services that are deficient or not as promised.

Unfair Trade Practices : Unfair trade practices such as misleading advertisements, false representations, or deceptive business practices.

Overcharging or Unjust Pricing : Complaints related to overpricing, price manipulation, or charging more than the specified.

Faulty Products : Issues arising from products that are unsafe to use, pose health hazards, or do not meet safety standards.

Delay in Services : Cases where there is an unreasonable delay in providing services, causing inconvenience to the consumer.

Product Liability : Instances where a product causes harm or injury due to design defects, manufacturing defects, or inadequate warnings.

Unsatisfactory Professional Services : Disputes arising from services provided by professionals such as doctors, architects, etc.

E-commerce Transactions : Complaints related to the online purchases, including non-delivery of item, quality, or non-compliance with terms and conditions.

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What is the procedure of filing the case in Darjeeling consumer Forum

When you have not received any satisfactory response from the seller even after contacting to their customer care or even submitting your complaint in anyway, the next step is to file your case in the Darjeeling consumer Forum. Before filing a case, you need to send a Legal Notice to the opposite party for dispute resolution. If there's no response or resolution within the stipulated time, you can file your case in the Darjeeling consumer Forum.

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What is the time limit for filing a case in Darjeeling Consumer Forum?

As per THE CONSUMER PROTECTION ACT, 2019 , The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.