Open
Forum
New Delhi, 11
March 2013
‘Consumer Justice Now’
CITIZEN’S AWARENESS
CRITICAL
By Col (Dr) PK Vasudeva
(Retd)
With the World Consumer Rights Day
to be celebrated tomorrow (March 15), it would be worthwhile to recall Mahatma
Gandhi’s quote: “A customer is the most important visitor on our premises. He
is not dependent on us. We are dependent on him. He is not an interruption in
our work - he is the purpose of it. We are not doing him a favour by serving
him. He is doing us a favour by giving us the opportunity to serve him.”
While few would remember the quote,
the Father of the nation couldn’t have been more apt, even in those days. Since
then India has indeed come a long way but it is not truly an ideal situation.
The Government would do well to educate the consumers of his rights as well as
ensure that the system in place delivers. More importantly, with India being
one of the biggest markets in the world, its responsibilities towards the
consumers become all the more crucial.
It should like the Consumers
International (CI) reach out to one and all on its call for observing the day
as “Consumer Justice Now”. The CI’s website is urging its members and
supporters to use the occasion to expose the very real damage caused by poor or
non-existent consumer protection around the world. Whether it is faulty
products causing injury, utility service providers ignoring complaints, or
irresponsible lending by banks, better consumer protection is always part of
the solution.
Rich countries, transitional
economies and the developing world can all benefit from improvements in
consumer protection - WCRD 2013 will be about bringing attention to areas that
are desperately in need of improvement.
This theme has also been chosen to
coincide with the update of the UN Guidelines on Consumer Protection (UNGCP). The
CI will be working with its members to feed in proposals on how the Guidelines
can better address the concerns of today's consumers.
On announcing World Consumer Rights
Day this year, CI Director General Helen McCallum stated: "Good consumer
protection is not just about legislation, it can deliver justice, create a
fairer society and even save lives. The decision to update the UN Guidelines
gives us the first opportunity in over a decade to raise the standards of
consumer protection around the world. I'm sure all CI members and supporters
will want to join together to make this one of the biggest World Consumer
Rights Day we have ever had."
Its site states that securing the
UNGCP was a major victory for the global consumer rights movement. However, the
advance of technology and changing business practices have created many new
challenges that did not apply when the UNCGP was first drafted. The Internet,
for example, was still many years away. The challenge is to bring the UNCGP up
to date and make it relevant for today's consumers. The UNGCP revision process
will be completed in July 2014.
The WCRD was established way back in
1983 to promote the basic rights of consumers everywhere. Every year on 15 March,
the global consumer movement unites around a common theme to deliver an
exciting array of campaigning activities.
The CI,
which is based in London, is the world federation of consumer groups that
serves as the only independent and authoritative global voice for consumers.
Founded on 1 April 1960, currently with over 220 member organisations in 115
countries across the world, the organisation continues to build a powerful
international movement to empower and protect consumers everywhere. The CI seeks
to hold corporations to account and acts as a global watchdog against any
behaviour that threatens, ignores or abuses the principles of consumer
protection.
The CI, former International
Organisation of Consumer Unions (IOCU), the umbrella body, for 240 organisations
in over 100 countries, expanded the charter of consumers rights contained in
the US Bill to eight, which in a logical order reads: Basic Needs; Safety; Information;
Choice; Representation; Redress; Consumer Education and Healthy
Environment.
This
charter had a universal significance as they symbolised the aspirations of the
poor and the disadvantaged. On this basis, the UN, in April 1985, adopted its
Guidelines for Consumer Protection.
At home in India the Government,
adopted 15 March as the National Consumer’s Day. Importantly, India is a
country, which never fell behind in introducing progressive legislation and we
were in fact among the first in the world to introduce universal adult
franchise for women.
Mahatma Gandhi had rightly said: “A
customer is the most important visitor on our premises. He is not dependent on
us. We are dependent on him. He is not an interruption in our work - he is the
purpose of it. We are not doing him a favour by serving him. He is doing us a
favour by giving us the opportunity to serve him.”
That in
pursuance of achieving one such goal, Consumer Protection Act came into force
in the year 1986. As per the Act’s Preamble it was brought to provide for the
better protection of the interests of consumers and for settlement of
consumers’ disputes. Although there were remedies in other laws such as Contract
Act, Sales of Goods Act, Torts, IPC and procedure prescribed in C.P.C. and
Cr.P.C., the purpose of enactment of Consumer Protection Act, was to provide
specialized redressal to the consumer grievances.
That the Act
provides for the Central Consumer Protection Council, State Consumer Protection
Council and three tiers of the Consumer Redressal Authorities i.e. District
Consumer Forum, State and National Consumer Commissions. The Councils were
assigned with the job to promote and protect interest of the consumers at the
Central and State levels and the redressal authorities were established to
provide speedy and simple remedy to consumer disputes through quasi-judicial
machinery.
Importantly, the
proceedings at the three levels are deemed to be judicial proceedings. Further
the District Consumer Forum is deemed to be a Civil Court headed by a person
qualified to be a District Judge. The territorial jurisdiction of the District
Forum is the entire district and the current enhanced monetary jurisdiction is
the dispute up to Rs 20 lakhs.
That the State
Consumer Commission has two jurisdictions i.e. original which is the territory
of the entire state beyond Rs 20 lakhs up to Rs one crore and the Appellate
Jurisdiction i.e. to hear the appeals against the judgments and orders of the
District forums.
That the
National Consumer Commission has two jurisdictions i.e. original, which is the
territory of the whole of India
beyond Rs one crore up to infinity and the Appellate Jurisdiction i.e. to hear
the appeals against the judgments and orders of the State Consumer Commission.
That by the
establishment of the specialized mechanism by the Act it was ensured that the
‘consumer’ can file a ‘complaint’ in case of any unfair trade
practice, defect in goods, deficiency in services or excess-pricing. Thus
making it necessary to first understand the connotations of these words and/or
phrases in the context of the Act.
Firstly, the
consumer is defined by the Act as a person who buys or uses any goods or hires
any services for money paid or promised. Secondly, the complaint means any
allegation in writing made by the consumer against any unfair trade practice,
defect in goods, and deficiency in services or excess pricing.
Another
important aspect to be noted is that the Act came into force with the objective
to protect and promote the interest of the consumers in addition to the
existing provisions for the same objective in other laws and statutes not in
abrogation of the same.
That since its inception
there has been a number of changes and development in the law as well as the
redressal system. The legal concepts have been enlarged and elaborated by
wonderful judicial precedents. Amendments have been brought to make it more
effective. Though a lot is yet to be achieved, at least the steps in right
direction had been taken has come a long way and is growing fast.---INFA
(Copyright,
India News and Feature Alliance)
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