ANNEXURE â II - Center For Consumer Studies(ccs)
ANNEXURE â II - Center For Consumer Studies(ccs)
ANNEXURE â II - Center For Consumer Studies(ccs)
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Annexure – I<br />
CENTRE FOR CONSUMER STUDIES<br />
List of Training Programme Conducted<br />
(July 2011 – June 2012)<br />
Sl.<br />
No.<br />
Programme Duration No. of<br />
Participants<br />
Venue<br />
1. 73 rd OTP for the Presidents and Members<br />
of the District <strong>Consumer</strong> <strong>For</strong>ums, (Uttar<br />
Pradesh)<br />
2. Workshop on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare (in collaboration with<br />
Indian Law Institute, New Delhi)<br />
3. National Seminar on Globalization and<br />
<strong>Consumer</strong>– Issues & Challenges (in<br />
collaboration with Bharathiar University)<br />
4. 3 rd Training Programme for the<br />
Coordinators and Advisors of State<br />
<strong>Consumer</strong> Helplines on <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare<br />
5. National Seminar on Rural <strong>Consumer</strong>s (in<br />
collaboration with Council for Tribal and<br />
Rural Development)<br />
6. Silver Jubilee Special Lecture on<br />
<strong>Consumer</strong> Protection Act, 1986<br />
7. Seminar on Emerging Trends in<br />
<strong>Consumer</strong>ism in India (in collaboration<br />
with M.P. Law College)<br />
8. 74 th OTP for the Presidents and Members<br />
of the District <strong>Consumer</strong> <strong>For</strong>ums (M.S.,<br />
Goa, Gujarat & Rajasthan)<br />
9. Workshop cum Seminar on <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare in<br />
collaboration with Shaheed Bhagat Singh<br />
July 4-8, 2011 32 <strong>II</strong>PA,<br />
New Delhi<br />
July 14-15, 2011 95 ILI, New Delhi<br />
July 22-23, 2011 389 Coimbatore,<br />
Tamil Nadu<br />
Aug. 1-5, 2011 20 <strong>II</strong>PA,<br />
New Delhi<br />
Aug. 16-17, 2011 68 Bhubaneswar,<br />
Odisha<br />
Aug. 23, 2011 51 <strong>II</strong>PA,<br />
New Delhi<br />
Aug. 27-28, 2011 100 Aurangabad,<br />
Maharashtra<br />
Sept. 12-16, 2011 25 <strong>II</strong>PA ,<br />
New Delhi<br />
Sept. 23, 2011 108 New Delhi<br />
10. Two Day Workshop on <strong>Consumer</strong><br />
Protection Act Silver Jubilee in<br />
collaboration with <strong>II</strong>PA Puducherry Local<br />
Branch, Puducherry<br />
Sept. 30–Oct. 01,<br />
2011<br />
69 Puducherry<br />
11. Inter School Competition on <strong>Consumer</strong><br />
Awareness in collaboration with The Air<br />
<strong>For</strong>ce School, Subroto Park<br />
Oct. 19, 2011 72 New Delhi<br />
1
12. National Seminar on Globalization Market<br />
and <strong>Consumer</strong> Protection (in<br />
collaboration with Kumaun University,<br />
Nainital)<br />
13. Workshop on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare (in collaboration with<br />
University of Calicut)<br />
14. National Seminar on Globalization and<br />
<strong>Consumer</strong> Rights (in Collaboration with<br />
Fakir Mohan University, Balasore)<br />
15. Half Day Seminar on ―Globalization and<br />
<strong>Consumer</strong> Rights‖ in Collaboration with<br />
<strong>II</strong>PA Orissa Regional Branch,<br />
Bhubaneswar<br />
16. Two Day National Seminar on <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare in<br />
collaboration with Madurai Institute of<br />
Social Sciences<br />
17. National Seminar on <strong>Consumer</strong><br />
Protection in India: The Way <strong>For</strong>ward<br />
18. 75 th OTP for the Presidents and Members<br />
of the District <strong>Consumer</strong> <strong>For</strong>ums<br />
Nov. 01-02, 2011 115 Uttarakhand<br />
Nov.11-12, 2011 171 Calicut<br />
Nov. 25-26, 2011 60 Orissa<br />
Nov. 27, 2011 33 Orissa ,<br />
Bhubneshwar<br />
Jan. 06-07, 2012 44 Madurai<br />
Feb. 1-2, 2012 497 <strong>II</strong>PA,<br />
New Delhi<br />
Feb. 13-17, 2012 34 <strong>II</strong>PA,<br />
New Delhi<br />
19. Two Days Workshop on <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare in<br />
collaboration with Jharkhand Regional<br />
Branch<br />
Feb. 22-23,<br />
2012<br />
120 Ranchi,<br />
Jharkhand<br />
20. One Day Inter-College Competition<br />
Activities on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare in Collaboration with<br />
Kamala Nehru College <strong>Consumer</strong> Club<br />
21. 5 th ToT for Heads and Members of<br />
VCOs/NGOs in <strong>Consumer</strong> Protection and<br />
Welfare.<br />
22. Seminar on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare in collaboration with<br />
Haryana Regional Branch, Gurgaon<br />
23. National Seminar on <strong>Consumer</strong> Activism,<br />
Competition and <strong>Consumer</strong>‘s Protection<br />
in collaboration with Rajiv Gandhi<br />
National University of Law<br />
24. 4 th Training Programme for Coordinators<br />
and Advisors of State <strong>Consumer</strong><br />
Helplines on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare<br />
Feb. 24, 2012 195 New Delhi<br />
March 12-16,<br />
2012<br />
12 <strong>II</strong>PA,<br />
New Delhi<br />
March 26, 2012 188 Haryana<br />
April 7-8, 2012 200 Punjab<br />
April 23-27, 2012 22 <strong>II</strong>PA,<br />
New Delhi<br />
2
25. 76 th OTP for the Presidents and Members<br />
of the District <strong>Consumer</strong> <strong>For</strong>ums<br />
26. Seminar on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare in collaboration with<br />
Rajkot Saher Jilla Grahak Suraksha<br />
Mandal<br />
27. Seminar on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare (with Focus on Rural<br />
<strong>Consumer</strong>s) in collaboration with Rajkot<br />
Saher Jilla Grahak Suraksha Mandal<br />
28. 15 th Training of Trainers Programme for<br />
the Faculty Members of Training<br />
Institutions on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare<br />
29. One Day Seminar on Green<br />
<strong>Consumer</strong>ism<br />
30. Workshop on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare in Collaboration with<br />
<strong>II</strong>PA Assam Regional Branch<br />
May 7-11, 2012 30 <strong>II</strong>PA,<br />
New Delhi<br />
May 20, 2012 280 Rajkot,<br />
Gujarat<br />
May 21, 2012 207 Rajkot,<br />
Gujarat<br />
June 4-8, 2012 20 <strong>II</strong>PA,<br />
New Delhi<br />
June 19, 2012 67 <strong>II</strong>PA,<br />
New Delhi<br />
June 22-23, 2012 61 Guwahati,<br />
Assam<br />
Total 3385<br />
3
<strong>ANNEXURE</strong> – I A<br />
SEVENTY-THIRD ORIENTATION TRAINING PROGRAMME FOR THE<br />
PRESIDENTS AND MEMBERS OF THE DISTRICT CONSUMER FORUMS<br />
(July 4-8, 2011)<br />
The Seventy-third Orientation Training Programme for the Presidents and<br />
Members of the District <strong>Consumer</strong> <strong>For</strong>ums was organised by the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, the Indian Institute of Public Administration, New Delhi from<br />
July 4-8, 2011. The programme was sponsored by the Department of <strong>Consumer</strong><br />
Affairs, GoI. Thirty two participants from Uttar Pradesh attended the programme.<br />
The objective of the programme was to build the capacity of the Presidents and<br />
Members of the District <strong>For</strong>um to enable the redressal mechanism to function<br />
effectively and efficiently.<br />
Participants of 73 rd Orientation Training Programme<br />
4
The Course Coordinators<br />
Prof. Suresh Misra and Dr. Sapna<br />
Chadah welcomed the participants<br />
and briefed them about the<br />
programme objectives, contents<br />
and expectations from each<br />
participant. The participants while<br />
introducing themselves provided<br />
information about their educational<br />
qualification, work experience and<br />
Prof. Suresh Misra briefing the participants<br />
the working of the District <strong>Consumer</strong> <strong>For</strong>um. While highlighting the working of the<br />
District <strong>Consumer</strong> <strong>For</strong>ums, the participants gave an account of the nature of<br />
complaints, total number of pending cases, monthly disposal of cases and the<br />
time taken for the disposal of complaints. They also shared information about<br />
availability of infrastructure facilities and working environment, including facilities<br />
available to them. The participants in general highlighted the various problems<br />
faced by them in discharging their responsibilities. The objective of the<br />
programme was to enhance the skills of the participants and also to acquaint<br />
them with the latest developments and judgments in the area of consumer<br />
jurisprudence. The participants were briefed about the activities of the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong> and <strong>II</strong>PA.<br />
Dr. Sapna Chadah Welcoming Justice Mr. Bhanwar Singh, President, UP<br />
SCDRC<br />
5
On the occasion the Inaugural Address was delivered by Hon‘ble Justice<br />
Mr. Bhanwar Singh, President, UP SCDRC. At the outset he thanked CCS, <strong>II</strong>PA<br />
for organizing the programme at short notice for the newly appointed Presidents<br />
and Members of District <strong>Consumer</strong> <strong>For</strong>ums, as many of them joined only a few<br />
months back. He said that many of the participants are the Presidents of District<br />
<strong>For</strong>um and have standing as District Judges for more than 30 years. However,<br />
there is need for them to reorient their thinking and working, keeping in view the<br />
nature of work at the District <strong>For</strong>ums.<br />
He emphasized that for proper functioning of the <strong>For</strong>ums it is necessary to<br />
maintain discipline and decorum at the <strong>For</strong>ums. Discipline plays a very important<br />
part in every walk of life. It includes punctuality as well. The quasi-judicial<br />
machinery under <strong>Consumer</strong> Protection Act is not very old. The Act came into<br />
force only in 1986 and thereafter the <strong>For</strong>ums and Commissions were constituted.<br />
Initially the state and central government were not very enthusiastic to implement<br />
the Act and the Rules. It is the rules and regulations which prescribe the<br />
procedure and code of conduct for the President and Members of the <strong>For</strong>ums.<br />
Rules and regulations require us to be punctual and adhere to the court timings<br />
that have been provided. The timings are very comfortable which can be easily<br />
adhered to by any one without any difficulty. However, the Presidents and<br />
Members in some fora are not punctual and regular. It is expected of them to be<br />
punctual and attend the court regularly.<br />
Hon’ble Justice Mr. Bhanwar Singh, President, UP, SCDRC delivering the<br />
Inaugural Address<br />
6
He emphasized that one is known by his character and attitude during his<br />
work. People expect the Judges to be honest and conduct their duty in fair<br />
manner so that people get relief in the forum. None of the parties to the litigation<br />
should have any apprehension of bias regarding the working of the President or<br />
Members of the forum, irrespective of what may be the outcome of the case. A<br />
decision and judgment is good only if it is a fair judgment. Good conduct at the<br />
<strong>For</strong>um has been included as one of the requirements in the regulations. You<br />
have to be of good temperament even towards the advocates. It will help you to<br />
perform your work in a better manner and good temperament will help maintain<br />
good atmosphere in court. Dress code has also been specified in the regulations.<br />
Dress code need not be the same as that of a Judge but it has to be decent. The<br />
dress code as that of Judge has not been kept to avoid giving a feel of a court to<br />
the <strong>For</strong>ums. Whatever you may wear has to be simple and decent one.<br />
Participants during one of the sessions<br />
One of the objectives of the Act is to give quick and speedy justice to the<br />
consumers. <strong>For</strong> that now the time limit has also been prescribed in the Act. Thus<br />
your decision making power lies with you and decision making should be very<br />
quick. It is only if you concentrate on the arguments of the parties, then only you<br />
will be able to give appropriate decision. You should always encourage the<br />
councils of both the parties to finish their pleadings as early as possible. Do not<br />
give long dates as human memory is very short.<br />
7
Law of happiness must be followed at work as this is one thing which gives<br />
you an inner feeling to be happy. Anguish at the court proceedings will not help<br />
you to decide the matter properly. Real happiness comes from within and it is<br />
only when you are in a good mood, you can deliver better.<br />
Reading literature connected with your work always adds to the knowledge<br />
and improves the working. Therefore, always read good law books and law<br />
journals which will clarify a number of legal aspects. Besides this reading good<br />
books and articles on practical aspects of life are also helpful as these improve a<br />
number of aspects related to the personality of a person. Even if you read<br />
religious books they will teach you good things though all may not true. They tell<br />
you to be good, honest, help others and many such good things which will<br />
encourage you to help the litigants before you. Always concentrate and discuss<br />
relevant things as irrelevant discussion lead to wastage of time.<br />
Discussing the Working of District <strong>For</strong>ums in Uttar Pradesh, he said that<br />
the <strong>Consumer</strong> Protection Act was enacted by Parliament in 1986. This was one<br />
of the best pieces of legislation enacted by the legislature. However, initially the<br />
state governments did not take much initiative to make the machinery functional.<br />
It was only after the intervention from the Supreme Court that a number of<br />
directions were issued and infrastructure and other facilities were made available<br />
to the District <strong>For</strong>ums. However, this judgment also had a set back when there<br />
was a difference of opinion between two judges in 2007 after which breaks were<br />
put on various aspects of the Act. Again the matter has been taken up by the<br />
Supreme Court and reports are being called from the state governments<br />
regarding the infrastructure, increase in honorarium of members etc. Around 20<br />
years back, the complaints were very less so the work of the forums was limited.<br />
Therefore, the members were appointed part time and the word honorarium was<br />
used. But now the work load of the forums has increased many fold and there is<br />
need to increase the salary of members. In this regard decision has been taken in<br />
the Conference of Presidents of SCDRCs and Secretaries of State on March 15,<br />
2010.<br />
8
Under the Act the council structure has also been created at three levels<br />
with the idea that the grievances of consumers can be redressed before they<br />
approach District <strong>For</strong>um. However, in our country these councils have not been<br />
very effective. That is why the consumers have to ultimately depend on the<br />
consumer courts and the burden on these quasi judicial bodies is increasing. In<br />
LDA V. M.K. Gupta the jurisdiction of the forums was challenged. The Supreme<br />
Court took a liberal view and kept the housing construction by the development<br />
authority under service under section 2(1)(o) of the Act thereby increasing the<br />
Ambit of the Act. Now the cases of all service providers like insurance, medical,<br />
housing, etc. are coming under the purview of the Act.<br />
He discussed few cases from different sectors to clarify a number of legal<br />
issues. In one of the Housing case involving Noida Authority, a society was<br />
constituted and a person (A) was made member who later sold his share to<br />
another person (B) who was made member. In draw of allotment B got the plot.<br />
But later his allotment was cancelled on the ground that he was not the original<br />
allottee though the society has made him the member and informed Noida<br />
Authority about the same. In its decision SCDRC gave relief to B deciding that B<br />
is a member and allotment is legal. However, in between 15 years lapsed and C<br />
to whom the plot was allotted had constructed on it. So to do complete justice to<br />
all the parties, the Noida Authority was instructed that they should allot a plot to<br />
the earlier allottee which is similarly located. Sometimes the position taken by<br />
Authority is that in same category no plot is available. In such a situation the<br />
forum should ask the Authority to file an affidavit and ask where the plots are<br />
available and through such mediation try to make plot available to consumers. If<br />
the plot cannot be made available then compensation should be given to the<br />
complainant according to norms laid down in Balbir Singh case, by allowing<br />
interest at specified rate depending on the mistake of Authority. If smaller plot is<br />
available then alternative plot should be made available at the old rates.<br />
Sometimes the Authority harasses the customer by cancelling the allotment on<br />
flimsy grounds that‘s why there is need to protect the interest of consumers.<br />
Where the builder takes very long time in allotting the plot like allotment is made<br />
after 10 years, in one such case NCDRC has imposed penalty with interest and<br />
has also made a plot available to the consumer.<br />
9
He said that Medical Negligence is a very technical issue. There are two<br />
aspects of medical negligence-one whether there is negligence on part of the<br />
doctor and it is actionable per se and other regarding deficiency in service on part<br />
of hospital. In one of the cases before SCDRC a lady in Gorakhpur was admitted<br />
for operation for removal of tumour in the abdomen. When surgery was<br />
performed, the surgeon found malignancy in parts adjoining to tumour. The<br />
doctor did not touch the potion, stated it to be suspected case of malignancy and<br />
recorded the same in his records. The sample was sent for the testing. Testing<br />
took ten days and due to delay the lady died. There was no obvious mistake on<br />
the part of the doctor. However, deficiency lied on the part of the hospital as it<br />
prima facie knowing it to be a case of cancer did not do anything, neither did it<br />
call any expert from the cancer hospital nor refer the patient to specialty hospital.<br />
It was only concerned for its billing for 10 days. They should have shifted the<br />
patient to specialty hospital when such expertise was not available in their<br />
hospital. In a Goa case, a diabetic patient was taken to hospital by his wife. There<br />
an injection was prescribed by the doctor without specifying the side effects. The<br />
patient had a reaction and died. The doctor was found negligent as he did not<br />
take precaution before giving the infection nor did he specify the side- effects and<br />
what is to be done if some adverse effects are there. The physician notes are<br />
very important in judging negligence as they can easily prove whether the doctor<br />
was negligent or not. So in evidence do take into account the prescription and<br />
notes of doctor. There are many cases decided by the Supreme Court and<br />
NCDRC in the area of medical negligence which can provide guidance while<br />
deciding the case. In one of the cases of Ludhiana where a child was given<br />
injection with an infected syringe was held to be a case of negligence. Where in a<br />
case where a syringe was applied in the back bone and as a result the person<br />
was handicapped for whole of his life, compensation of one crore was given.<br />
Insurance is one area where a number of frauds are committed by the<br />
insurance companies and they befool the customers. Many a times they<br />
repudiate the claim of the consumers on frivolous grounds. Insurance agents sell<br />
policies making big promises but conceal actual terms and conditions of the<br />
policy. Due to these deliberate concealments the customers suffer later. Many<br />
times the policies are rejected /repudiated on the ground of concealment of<br />
material fact. In one of the case a teacher gave a false leave application on<br />
10
ground of jaundice and later after few years he died of some other disease. The<br />
claim was repudiated by the company on ground of concealment of facts. There<br />
was no evidence except the leave application that he was suffering from<br />
jaundice. Secondly, he died of some disease other than jaundice. In such cases<br />
the claims are not to be repudiated on such flimsy grounds.<br />
Transport services are availed by all on routine basis. It can be road<br />
transport, railways or airlines; deficiency in any of these is a cause for filing a<br />
complaint in the <strong>For</strong>um. Sometimes the intruders and hooligans occupy the<br />
reserved seats and the person who has reserved the seats has to suffer. Now<br />
Supreme Court and NCDRC have held that it is the responsibility of the railways<br />
to take care of the safety and proper journey of the travelers and in case of failure<br />
the railways is responsible. Similarly the airlines are also responsible for any<br />
negligence on their part for deficiencies like delay in flight, cancellation of ticket<br />
on flimsy ground. In one of the cases the Supreme Court has instructed the<br />
airlines to supply atteast drinking water bottle and in case the airlines is at the<br />
brink of becoming bankrupt they should charge only the genuine price of the<br />
bottle.<br />
Similarly in one of the cases the question arose whether charging<br />
exorbitant price for water bottle at the hotel and cinema hall is justified. It was<br />
held by the Delhi High Court to be rational as in any club a person doesn‘t only<br />
come to drink water or tea, he comes there to enjoy the ambience, the related<br />
services and other comforts provided by the club, hotel or cinema hall. It all forms<br />
the basis of the service and charges are not only for the water bottle or tea but for<br />
all the related services.<br />
Now there has been a tendency of the District <strong>For</strong>ums to stop excessive<br />
and false claims as if such claims are allowed it will bring bad name to courts and<br />
people will loose faith in forums. Such frivolous complaints need to be dismissed<br />
by imposing heavy fine. In one of the complaint, all the fingers of hand and feet of<br />
the person were fused. The doctor separated all the fingers except two fingers of<br />
one of the foot. On this only the complaint of negligence was filed against the<br />
doctor. Dismissing the complaint the court held that the parents should be<br />
11
thankful to the doctors for the attempts made by him instead of filing the<br />
complaint against him.<br />
He advised the participants to test every complaint on the touchstone of<br />
consumerism. He said that you are not there to give relief to every body who<br />
approaches you. You have to find out whether the person who is approaching<br />
you is a consumer on not and comes within the purview and jurisdiction of the<br />
Act. In case of electricity cases the forums cannot take up cases involving theft of<br />
electricity and material but rest of the aspects a can be taken care of by the<br />
forums. Similarly educational institutes are also providing services and come<br />
under the Act. However, the conduct of examination by University / Board has<br />
been taken out from the purview of <strong>Consumer</strong> Protection Act but there are other<br />
aspects which can be taken cognizance of by the <strong>Consumer</strong> <strong>For</strong>ums.<br />
The programme was divided into a number of thematic sessions. In the<br />
introductory session Prof. Suresh Misra illustrated the need and importance of<br />
<strong>Consumer</strong> Protection in the emerging world order. He focused on various<br />
problems being faced by the consumers and illustrated the lack of concern<br />
among the business towards consumer welfare. He also gave a comprehensive<br />
picture of the international dimension of <strong>Consumer</strong> Protection and traced the<br />
growth of consumer movement. He highlighted that it is in the interest of the<br />
business to provide quality products and services to the consumers. Dr. Sapna<br />
Chadah in her presentation analysed the legal history of consumer protection in<br />
India and the rationale for enactment of the <strong>Consumer</strong> Protection Act in 1986.<br />
She gave a bird‘s eye view of the CP Act and its various provisions. Illustrating<br />
her point with a number of examples and judgments of the National Commission<br />
and the Supreme Court Dr. Sapna focused on the outcome in terms of relief to<br />
the consumers and the development of consumer case law. Dr. Mamta Pathania<br />
discussed in detail the ways and means to educate the consumer and enhance<br />
awareness. She also gave an account of the various programmes and polices of<br />
the Department of <strong>Consumer</strong> Affairs to educate the consumers.<br />
12
Interacting with participants on the theme Working of Adjudicatory Bodies:<br />
Procedural Aspects Justice J. D. Kapoor, <strong>For</strong>mer President, SCDRC, Delhi<br />
elaborated certain administrative and procedural aspects relating to working of<br />
District <strong>For</strong>ums and also clarified a number of legal aspects with the help of case<br />
laws. The other sessions were on Electricity and <strong>Consumer</strong> by Mr. N. K. Jain,<br />
Medical Negligence and <strong>Consumer</strong> by Dr. Kiran Gupta, Insurance and <strong>Consumer</strong><br />
by Shri S.M. Tripathi, Defective Goods & <strong>Consumer</strong> and Banking & <strong>Consumer</strong> by<br />
Dr. G.K. Kapoor, Housing and <strong>Consumer</strong> by Mr. Rabindra Bana, and Misleading<br />
Ads and <strong>Consumer</strong>s by Pushpa Girimaji.<br />
The programme was participatory in nature. The participants were divided<br />
into various groups to work on case laws. The objective was to help the new<br />
members to understand case law and interpret various provisions in a case law.<br />
The participants presented their reports and the presidents gave their comments<br />
on the analysis of case laws followed by discussion. Apart from this the<br />
participants were given a comprehensive input on Judgment Writing and how a<br />
good and effective judgment is to be written. A good judgment should highlight<br />
the facts and the parties should be able to understand the order. The participating<br />
members were given specific cases on which they had to write their judgments.<br />
The judgments were discussed before a panel consisting of the Programme<br />
Directors and the Presidents of the District <strong>For</strong>um.<br />
During the Programme the participants visited the National Commission<br />
and saw the proceedings of the Commission. They also met Hon‘ble Justice Shri<br />
Ashok Bhan, President, NCDRC and Hon‘ble Justice Shri R.C. Jain, Member,<br />
NCDRC. They inquired about the working conditions at the forums and problems<br />
faced by the Members. They also clarified a number of doubts, relating to<br />
honorarium and legal interpretations of the provisions of the CPA, raised by the<br />
participants.<br />
13
Views/opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
21 11 - -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
28 2 2 -<br />
3. How useful is the training likely to be in future jobs that your may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
22 9 1 -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all NC<br />
15 14 1 - 2<br />
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant<br />
Not at all relevant NC<br />
19 10 3 - -<br />
14
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied to<br />
a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
Reception 16 5 11 - -<br />
Residential Accommodation 17 7 7 - 1<br />
Food Quality and Service 17 11 3 - 1<br />
Class room Facilities 30 1 - - 1<br />
Interaction with the Faculty 18 12 1 - 1<br />
Recreation Facilities 16 6 8 - 2<br />
NC/<br />
NA<br />
15
7. Assessment of Training Faculty/sessions (32 Participants responded)<br />
Sl.<br />
No.<br />
Topic Name of Speaker Assessment<br />
Excellent<br />
Very<br />
Good<br />
Good Fair<br />
NC<br />
1. Briefing and Experience Sharing Suresh Misra<br />
Sapna Chadah<br />
2. <strong>Consumer</strong> Protection: An Overview Suresh Misra<br />
Sapna Chadah<br />
3. <strong>Consumer</strong> Protection Act/ Rules Suresh Misra<br />
Sapna Chadah<br />
26 6 - - -<br />
22 7 1 - 2<br />
23 7 1 - 1<br />
4. Medical Negligence and <strong>Consumer</strong> Kiran Gupta 17 11 3 - 1<br />
5. Art of Judgment Writing Suresh Misra<br />
Sapna Chadah<br />
17 14 1 - -<br />
6. Working of Adjudicatory Bodies:<br />
Procedural Aspects<br />
Justice J. D.<br />
Kapoor<br />
21 3 7 - 1<br />
7. Defective Goods and <strong>Consumer</strong> G. K. Kapoor 19 10 1 - 2<br />
8. Banking and <strong>Consumer</strong> G. K. Kapoor 18 11 - 1 2<br />
9. Case Law Discussion Suresh Misra<br />
Sapna Chadah<br />
25 5 2 - -<br />
10. Housing and <strong>Consumer</strong> Ravindra Bana 10 15 5 - 2<br />
11. Electricity and <strong>Consumer</strong> N. K. Jain 12 12 8 - -<br />
12. Visit to NCDRC Suresh Misra<br />
Sapna Chadah<br />
26 5 - - 1<br />
13. Insurance and <strong>Consumer</strong> S. M. Tripathi 17 13 2 - -<br />
14. Presentation of Judgment Suresh Misra<br />
Sapna Chadah<br />
15. Case Law Presentation Suresh Misra<br />
Sapna Chadah<br />
26 5 - - 1<br />
26 4 1 - 1<br />
16. Misleading Ads and <strong>Consumer</strong> Pushpa Girimaji 9 7 3 - 13<br />
16
8. Which parts of the course did you find most helpful<br />
All 15<br />
Electricity and <strong>Consumer</strong> 3<br />
Medical Negligence 2<br />
Defective Goods and <strong>Consumer</strong> 2<br />
Banking and <strong>Consumer</strong> 2<br />
Case Law Presentation 2<br />
Working of Adjudicatory Bodies 1<br />
Presentation of Judgment 1<br />
Case Law Discussion 1<br />
Housing and <strong>Consumer</strong> 1<br />
Insurance and <strong>Consumer</strong> 1<br />
9. Which parts of the course did you find least helpful<br />
None 11<br />
Case Law Discussion 3<br />
Art of Judgment Writing 1<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair<br />
18 11 3 -<br />
11. Did the course give you any specific ideas about how you can<br />
improve your work<br />
Yes No NC<br />
30 2 -<br />
17
The training imparted was useful.<br />
It will help in writing good judgments.<br />
Learnt as how to expedite disposal of cases.<br />
Imparted knowledge on the latest amendments and rulings.<br />
The programme gave us confidence to deal with cases in the consumer<br />
courts.<br />
Good knowledge about the legal and procedural aspects relating to the<br />
working of the <strong>For</strong>um.<br />
12. Any other comments/ observations you wish to make about the<br />
course.<br />
The duration of the course should be increased. It may be made 10-15<br />
days.<br />
The programme should be conducted twice a year.<br />
The training programme was useful.<br />
From time to time such programme updating the knowledge should be<br />
organized by the Central government.<br />
We would like to place on record that the practice followed in the Indian<br />
Institute of Public Administration is to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
This report would be incomplete, if we do not record our appreciation for<br />
the help rendered by the officers and staff of the Administration and Training<br />
Sections of the Institute. Dr. Naresh Kumar (Registrar) and Dr. C. Giri (Deputy<br />
Registrar, Administation), deserve special mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude to<br />
Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance, encouragement and pro-active<br />
interest. We are also thankful to our colleagues in the Centre for their unstinted<br />
support and co-operation but for which the programme could not have been<br />
organised in a befitting manner. The credit for success of the programme goes to<br />
18
the entire team. We are also grateful to the Hon‘ble President and Members of<br />
the National <strong>Consumer</strong> Disputes Redressal Commission for providing opportunity<br />
to the participants to visit the Commission and observe the proceedings of the<br />
Commission. In this regard efforts and support provided by Shri. H. D. Nautiyal,<br />
Registrar, NCDRC, deserves a special mention and appreciation. The Secretary,<br />
Additional Secretary and Joint-Secretary, Department of <strong>Consumer</strong> Affairs,<br />
Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution, Government of India,<br />
deserve special thanks for sponsoring the programme and reposing confidence<br />
and trust in the Indian Institute of Public Administration, New Delhi.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Course Coordinators<br />
19
Two- Day Workshop<br />
on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
at<br />
Indian Law Institute, New Delhi<br />
(July 14-15, 2011)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA in collaboration with the Indian<br />
Law Institute, New Delhi organized a Two Day Workshop on ―<strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare‖ on July 14-15, 2011. The workshop was<br />
sponsored by the Department of <strong>Consumer</strong> Affairs, GoI. The Workshop was<br />
attended by around 95 participants comprising of faculty members and students<br />
of various Law Colleges and Universities, social activists, practicing lawyers, and<br />
members of NGOs and civil society organizations.<br />
Participants of workshop on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare at ILI<br />
The programme began with<br />
the Welcome Address by Prof.<br />
D.S. Sengar, Director, ILI. He<br />
welcomed the dignitaries on the<br />
dais and other participants to the<br />
workshop. He said in light of the<br />
exploitation of the consumers by<br />
the traders and manufacturers a<br />
need was felt to have some<br />
Prof. D.S. Sengar, Director, ILI delivering the<br />
Welcome Address<br />
20
mechanism to protect the consumers. To address this pressing challenge the<br />
most prominent legislation, the <strong>Consumer</strong> Protection Act was enacted in 1986. It<br />
is one of the most important pieces of social welfare legislation besides<br />
Environment Protection Act and Juvenile Justice Act. CPA provides for better<br />
protection of consumers and guarantees six rights to the consumers. There is,<br />
however, lack of awareness among the masses. Thus there is a need that<br />
everybody is made aware of this law and empowered to fight for his rights. There<br />
is a need to create network of people for dissemination of information. Mahatma<br />
Gandhi once said that the consumer is the most prominent visitor to our<br />
premises. In such a scenario this workshop has been organised not only to<br />
generate awareness but also to create a pool of people who can take the<br />
message forward.<br />
Prof. Suresh Misra, Chair<br />
Professor and Coordinator, Centre<br />
for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New<br />
Delhi began his Introductory<br />
Remarks by welcoming all the guests<br />
and participants on behalf of the<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong>. He<br />
said that even after 25 years of<br />
enactment of the <strong>Consumer</strong><br />
Protection Act, implementation of<br />
Prof. Suresh Misra, Chair Professor and Coordinator,<br />
CCS, delivering the Introductory Remarks<br />
the Act is still very bad. There are a number of reasons for it but the first and<br />
foremost is the lack of awareness among the people regarding their consumer<br />
rights. To promote and propagate awareness among the consumers, the<br />
Department of <strong>Consumer</strong> Affairs, GoI set up the Centre for <strong>Consumer</strong> <strong>Studies</strong> at<br />
<strong>II</strong>PA in 2007. It is a Centre of its own kind in the country which takes up a variety<br />
of activities in the area. Here we train Presidents and Members of District<br />
<strong>For</strong>ums, organise seminars and workshops and brining out publications and also<br />
provide policy input to the Department. According to the latest survey conducted<br />
by C&AG only 20-25 percent of the consumers know about the CPA. If a person<br />
is unaware of his rights you cannot expect him to take measures to protect<br />
himself. In last 20 years 35-36 lakh people have filed their complaints in the three<br />
21
tier quasi-judicial machinery under the Act. Daily the consumers are being<br />
cheated and exploited by the traders and service providers on a number of<br />
accounts.<br />
In rural sector people don‘t even know about their Act, rights and the<br />
schemes floated for their welfare. The only way out is to generate awareness. It<br />
is only if the consumers become united and exert pressure the decision favouring<br />
the consumers will come and changes can be brought out. The electricity sector<br />
is one such example where pressure from RWAs has prohibited the rise in<br />
electricity tariff. The young generation needs to be targeted. Their philosophy of<br />
‗dil mange more‘ is having many adverse effects about which they must be made<br />
aware. Today is an era of consumerism and increased consumption. You visit the<br />
super-mall without any intention or idea to buy anything but come out with so<br />
many things which you never intended to purchase. At present all of us are silent<br />
suffers. There is a need for action on part of all the stakeholders viz the<br />
consumers, government, business and civil society organisations. No body wants<br />
to fight for the cause but wants a change to be brought by the actions of others or<br />
government. All those who had fought for the cause had brought a change in the<br />
society for the benefit of all of us.<br />
Hon‘ble Mr. Justice D.P. Wadhwa, Chairperson, Central Vigilance<br />
Committee on PDS, <strong>For</strong>mer Judge, Supreme Court of India and <strong>For</strong>mer<br />
President, National Commission inaugurated the workshop. He said that his<br />
tenure as President of NCDRC was much more satisfying than any other job as<br />
SC or HC judge as there he was able to solve the problems of the common man<br />
and give benefit to the consumers. There he was working for the social cause.<br />
Now as part of the Central Vigilance Committee PDS Committee which looks into<br />
the corruption in PDS system also we are trying to reform the system so that the<br />
benefit of the scheme reaches the ultimate beneficiary.<br />
The <strong>Consumer</strong> Protection Act, 1986 is a benevolent piece of legislation<br />
enacted basically to provide an easy remedy to the consumers. The idea was<br />
that the consumers could approach the quasi-judicial machinery and get a<br />
speedy and inexpensive justice unlike our civil courts which take years to decide<br />
the matter and follow a very technical and lengthy procedure. However in these<br />
22
25 years this objective is slowly getting lost and now the consumer courts have<br />
become just like the civil courts. The basic reason for it is the presence of the<br />
advocates who unnecessarily try to bring in the technicalities of CPC and<br />
Evidence Act which is not the intention of the CPA. They follow long procedures<br />
and bring in many technicalities which unnecessarily delay the matter and<br />
sometimes this is done without the knowledge of the parties. The consumer<br />
courts are supposed to decide the matter as quickly as possible and now the time<br />
limit for the same has also been fixed under the Act. Also the consumer courts<br />
are required to give short judgements which are easily understandable by the<br />
layman. Even if the advocates do not appear, the <strong>For</strong>ums and Commissions<br />
should proceed to decide the matter. The adjournments in the consumer cases<br />
should as far as possible be avoided as it delays the decision in the case.<br />
To be consumer friendly the District <strong>For</strong>ums should treat even a letter from<br />
the consumer as a complaint. The consumer courts should be made more<br />
consumer friendly so that the consumer should feel confident to bring small<br />
matters before them. As these courts are not supposed to follow the CPC or<br />
Evidence Act, they should put themselves in the shoes of the consumers to<br />
decide and give relief accordingly. The only requirement under the Act is that the<br />
<strong>For</strong>ums should follow the Principles of Natural Justice and decide the matter<br />
summarily. The class actions should always be encouraged as if class actions<br />
are brought then it will help and give relief to a number of consumers who are<br />
affected in the small matters. To further simplify the procedure it is required that<br />
in matters upto ` one lakh the entry of the advocate should be banned. Further<br />
the procedure of appointment of the members needs to be looked into. Only<br />
those people who have passion for consumers should be appointed in the <strong>For</strong>um.<br />
Unfair and unscrupulous practices every where are defeating the cause of<br />
the consumers and citizen in general everywhere. Black-marketing and<br />
corruption in PDS system are the causes for the failure of the PDS scheme. Now<br />
the SC has also ordered to send grains to 150 districts. However, the whole<br />
scheme is getting defeated because of corruption. The fair price shop makes<br />
money by selling the grains meant for poor to others and black-marketing is<br />
rampant.<br />
23
It is time to bring change in the society and to do something good for<br />
country. <strong>For</strong> bringing change in the system, there is need to involve consumers.<br />
There is need to evolve a new consumer jurisprudence. To make consumers<br />
aware about the remedies available to them for resolving their disputes it is must<br />
that the education about the things should be taken to the grass root level. There<br />
is need to provide help to poor and other vulnerable sections of the society<br />
through legal aid and take justice to their door step. In educating the general<br />
masses such workshops can prove to be very effective and the faculty members<br />
and students can spread the information among the people especially the rural<br />
masses.<br />
The workshop was divided into six technical sessions. The first technical<br />
session was on ‗<strong>Consumer</strong> Protection: Legal Framework‘ in which Prof. S. S.<br />
Singh, Director NLIU and Prof Suresh Misra, Chair Professor and Coordinator,<br />
CCS illustrated the need and importance of <strong>Consumer</strong> Protection in the emerging<br />
world economy. They focused on various problems being faced by the<br />
consumers and illustrated the lack of concern among the business towards<br />
consumer welfare. A comprehensive picture of the international dimension of<br />
<strong>Consumer</strong> Protection and traced the growth of consumer movement. It was<br />
emphasized that it is in the interest of the business to provide quality products<br />
and services to the consumers. The legal history of consumer protection in India<br />
and the rationale for enactment of the <strong>Consumer</strong> Protection Act in 1986 was also<br />
traced. Prof Singh also gave a bird‘s eye view of the CP Act and its various<br />
provisions.<br />
The second technical session was on ‗Working of Quasi-judicial <strong>For</strong>ums‘.<br />
In the session Justice V.B. Gupta, Member, National Commission provided an<br />
overview of the working of the three tier redressal mechanism under the Act. He<br />
provided overview of these agencies which included its the structure, jurisdiction,<br />
limitation procedure of filing complaints etc. He also elaborated the infrastructure<br />
and other problems being faced by these bodies. He also elaborated the<br />
procedural and other aspects of the working of these agencies. Illustrating his<br />
point with a number of examples and judgments of the National Commission and<br />
the Supreme Court Justice Gupta focused on the outcome in terms of relief to the<br />
consumers and the development of consumer case law.<br />
24
The third technical session was on ‗ADR and Mediation as a tool to Protect<br />
the <strong>Consumer</strong>s‘. In the session Mr. P.H. Parekh, Senior Advocate, Supreme<br />
Court of India provided an account as to how the Alternative Dispute Resolution<br />
techniques can be used to provide relief to the consumers. Now it has become<br />
important to adopt the process of mediation and lok adalats in the consumer<br />
courts in light of the increasing pendency and the time taken in resolution of the<br />
disputes. He explained the concept of ADR with special reference to mediation,<br />
reconciliation, negotiation and Lok Adalats. He said these forms of ADRs are<br />
popular due to several reasons like high cost of litigation, time, delay etc. He<br />
called upon the participants to create awareness among the general public about<br />
the ADRs so that the poor people can get the benefit.<br />
The fourth technical session was on ―<strong>Consumer</strong> and Service Sectors‖<br />
wherein Dr. Sapna Chadah, Assistant Professor, CCS, <strong>II</strong>PA provided an overview<br />
of the service sector and the kind of deficiencies found in thes sectors. In her<br />
presentation, she highlighted the decisions of the National Commission and the<br />
Supreme Court relating to different service sectors. She gave examples in the<br />
field of education, courier, medical<br />
negligence, housing, insurance, travel<br />
etc. In the fifth technical session on<br />
‗Misleading Advertisements and<br />
<strong>Consumer</strong>‘ Mrs. Pushpa Girimaji, a<br />
Journalist and <strong>Consumer</strong> Rights<br />
Columnist explained how the<br />
consumers are being misled by<br />
various ads which infringes their right<br />
to safety, right to information and right<br />
to choose. Various laws have<br />
Ms. Pushpa Girimaji speaking on Misleading<br />
Ads and <strong>Consumer</strong><br />
provisions to deal with these misleading ads which are a form of unfair trade<br />
practices. However, lack of proper enforcement of these laws is leading to<br />
exploitation of consumers. Even the ASCI which is a self regulatory body is not<br />
proving to be very effective. She emphasized on the need to have a effective<br />
regulator to deal with the menace of misleading ads. The sixth session was on<br />
―<strong>Consumer</strong> Education and Awareness‖ wherein Prof. D.S. Sengar, Director, ILI<br />
25
and Dr. Mamta Pathania, Assistant Professor, CCS, <strong>II</strong>PA discussed in detail the<br />
ways and means to educate the consumer and enhance awareness. Dr. Mamta<br />
Pathania also gave an account of the various programmes and polices of the<br />
Department of <strong>Consumer</strong> Affairs to educate the consumers. The workshop was<br />
very interactive. Each session was followed by questions from the participants<br />
and discussion.<br />
Valedictory session on the last day began with Welcome Address by Prof.<br />
D.S. Senger, Director, ILI. He in his address welcomed the chief guest and other<br />
dignitaries and provided overview of workshop. He said that the workshop was<br />
meant for generating awareness and education in the field of consumer<br />
protection which is next to the environment protection. In the two days various<br />
means and ways of consumer protection viz. the rights of the consumers, policy<br />
framework, redressal system, service sector, mediation are some topics which<br />
have been discussed. He also hoped that the participants will definitely spread<br />
the message of consumer protection among the different strata of society.<br />
Dignities on the Dias in the Valedictory Session<br />
Prof. Suresh Misra, Chair Professor and Coordinator in his observations<br />
on the workshop said that it is a privilege to be associated with ILI to organise this<br />
two day workshop. The programme has been very educative and interactive in<br />
which large number of question were asked and two way interactions have taken<br />
place which is must for the workshop to be effective, interesting and relevant. In<br />
this ILI has done a wonderful job in selecting right speakers for the workshop.<br />
The level of participation by the participants was also excellent. Look forward for<br />
more such partnership with ILI.<br />
26
In their feedback the participants said that the workshop has been of great<br />
advantage. Through workshop all of us will take the message to the youth of the<br />
country. One of the participants remarked that the workshop was wonderful and<br />
educative. However, discussions in the workshop have created a divide between<br />
urban and rural consumers. It is said that consumers are not speaking and are<br />
silent sufferers. Rural consumer is illiterate and poor, he does not have a choice.<br />
There is need to give a thought to the rural consumer, and there is need to<br />
educate them as how they have to proceed about. The business ethics are being<br />
talked about. The corporate world must create some self regulation and charity<br />
should begin at home. Besides this the government machinery needs to e more<br />
strong and vigilant. One of the participants said that for the first time we have<br />
realised that we all are consumers of one or the other product. There is lack of<br />
awareness among people. I would try to sustain the rights as consumers and also<br />
raise awareness among others. It was also said by some that main concern as<br />
am part of an legal education system is that is need to fill the gap between the<br />
legal and lay man for which propagation of legal knowledge in common man‘s<br />
language. <strong>For</strong> that students need to be prepared and they can be handy tools<br />
through legal aid clinics. These way students can be useful for the society.<br />
On the occasion the<br />
Valedictory Address was delivered<br />
by Hon‘ble Mr. Justice Swatanter<br />
Kumar, Judge, and Supreme Court<br />
of India. He said that as a consumer<br />
you first need to do what is right. It<br />
dos not require legal critical<br />
knowledge. It relates to common<br />
activities of the life. Never see the<br />
law as an abstract. Even law has<br />
Hon’ble Mr. Justice Swatanter Kumar, Judge, Supreme<br />
Court of India delivering the Valedictory Address<br />
two basic fundamentals – law itself and application of law. If the law is seen in<br />
abstract it will always create confusion so it must always be seen with its<br />
application It is not the placement of consumer as urban or rural that changes his<br />
position it is its application. The objective of creating the forum at the District level<br />
has been that it reaches common man whether in rural or urban area otherwise it<br />
27
could have started at the state level. Then there are publications which are being<br />
brought out by Central and state governments in local languages like in Hindi and<br />
Punjabi to educate the lay consumers about their rights and remedies available.<br />
There are so many laws which govern our day to day life. The application of law<br />
must be seen along with other related law. There are multidisciplinary authorities<br />
with similar objects and they need to be interpreted to have a cumulative effect.<br />
The <strong>Consumer</strong> Protection Act, 1986 is socio-economic legislation to<br />
correct the market evils affecting our lives and the society. It is intended to<br />
implement social objective as opposed to business interests. It has two basic<br />
purposes first to endow with consumers with certain rights and secondly to<br />
provide machinery for the infringement of the same. The whole Act revolves<br />
around consumer dispute, defect, deception and deficiency which are very simple<br />
to understand. When a judgement is pronounced it changes the whole<br />
interpretation of the law. One particular provision interpreted gives it new<br />
dimensions modify or amends the law as it exists.<br />
The basic education is being given emphasised by the government so that<br />
all are able to read and understand various things which concern our day to day<br />
life and are thus not cheated. We must understand law with clarity. The hierarchy<br />
of the forums is provided so that rights of the parties are settled for future and the<br />
dispute is decided once for all and nothing remains to be decided in future. The<br />
philosophy and history in India has taken consumer as messenger of God and<br />
you must respect him. Two very advanced institution has come together to<br />
organise this workshop on such a relevant subject which effects all of us. Even<br />
Mahatma Gandhi in his message to the business has once said that consumer<br />
/customer is most important visitor on our premises and we must respect him.<br />
(Mamta Pathania) (Sapna Chadah) (Suresh Misra)<br />
Workshop Coordinators<br />
28
National Seminar<br />
on<br />
Globalization, Industrialization and <strong>Consumer</strong>ism<br />
- Issues and Prospects<br />
(July 22 - 23, 2011)<br />
SEMINAR REPORT<br />
The world economy has become increasingly globalized, having in turn,<br />
has had a significant impact on economies all over the world, especially on<br />
management perspectives in the developing economies like India .The rapid<br />
changes in information and communication technologies especially in last two<br />
decades have made the world a seamless place. The impact of this change has<br />
transformed the society into an integrated and networked society, where each<br />
one‘s actions impacts that of others – whether it is in terms of flow of capital,<br />
ideas, business practices, job opportunities or forging strategic alliances.<br />
Simultaneously, increasing penetration of mass media and development of e-<br />
learning resources has slowly brought into the mainstream those consumers who<br />
were totally excluded from the fruits of economic development. This can be seen<br />
in terms of burgeoning opportunities in the rural markets of India, emerging<br />
economies and rapid opportunities in the other developing economies of the<br />
world.<br />
Marketing as a business function is undergoing major transformation due<br />
to the challenges posed by an informed customer, hyper competition, low<br />
differentiated products and services, increasing buying power of the middle class,<br />
a value-for-money seeking customer, growing influence of children in decision<br />
making, emergence of new economic powerhouses, changing lifestyle and<br />
attitude of consumers, growth of service industry, changing demographic profiles<br />
of the emerging economies and developed nations and many more- the list is<br />
endless .<br />
The Seminar on Globalization, Industrialization and <strong>Consumer</strong>ism: Issues<br />
and Prospects was organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian<br />
Institute of Public Administration, New Delhi in collaboration with the School of<br />
Commerce, Bharathiar University, Coimbatore with and sponsored by the<br />
Department of <strong>Consumer</strong> Affairs, Government of India. The National Seminar<br />
29
provided a platform where new concepts and trends in marketing were<br />
discussed. The broad objectives of the seminar are as follows<br />
Seminar Objectives<br />
1. To provide a platform where academicians, and researchers share and<br />
discuss the contemporary issues and challenges in the changing consumer<br />
context.<br />
2. To share scholarly research on emerging opportunities and threats in the<br />
changing market context.<br />
3. To analyze and understand the underlying behavioral changes among<br />
consumers leading to the emergence of more demanding and savvy<br />
customers.<br />
Inaugural Session<br />
The Inaugural session began<br />
with a welcome Address by Prof. G.<br />
Ganesan, Professor and Head,<br />
School of Commerce, Bharathiar<br />
University. He gave a brief outline<br />
about the objectives of the seminar<br />
and urged the participants to take<br />
active part in the deliberations. He<br />
also thanked the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA for their<br />
support in organizing the Seminar<br />
Prof. Dr. G. Ganesan welcoming the dignitaries<br />
In her introductory remarks<br />
Dr. M. Sumathy, Reader, School of<br />
Commerce, Bharathiar University and<br />
the Seminar coordinator said that<br />
consumerism is a process through<br />
which the consumers seek redress,<br />
restitution and remedy for their<br />
dissatisfaction and frustration with the<br />
help of their organised and<br />
Dr. M. Sumathy, Seminar Coordinator<br />
introducing the theme<br />
30
unorganised efforts and activities. It is in fact a social movement seeking to<br />
protect the rights of the consumers in relation to the producers and providers of<br />
services.<br />
In its wider perspective it is an item on the agenda of administrative<br />
reforms for greater accountability, responsiveness and transparency through the<br />
technique of decentralisation, debureaucratisation and devolved planning<br />
process. It‘s a part of the ongoing debate for good governance which recognises<br />
the Right to Information as a prerequisite. In many of the developed countries<br />
consumerism has over the time developed into a sound force designed to aid and<br />
protect the consumer by exerting legal, moral and economic pressure on<br />
producers and providers of services.<br />
In his Presidential Address<br />
Shri Ramjibhai B. Mavani, Ex-M.P.<br />
Lok Sabha and Founder President,<br />
Rajkot Saher Jilla Grahak Suraksha<br />
Mandal, Rajkot, Gujarat, said that<br />
Globalization poses four major<br />
challenges that will have to be<br />
addressed by governments, civil<br />
society, and other policy actors.<br />
Shri Ramjibhai Mavani, <strong>For</strong>mer Member of<br />
Parliament delivering the Presidential address<br />
To ensure that the benefits of globalization extend to all countries it is<br />
important to have some safeguards as well. But this will not happen<br />
automatically as there is a fear in the developed countries that globalization will<br />
lead to instability. The challenge is to address the very real fear in the industrial<br />
world that increased global competition loading to inexorably race to the bottom<br />
in wages, labor rights, employment practices, and the environment and<br />
globalization. However all these excuses must not be used to avoid looking for<br />
new ways for cooperation in the overall interest of countries and people He also<br />
called upon the experts and policy makers to understand the problems being<br />
faced by the consumers and draw out strategies to protect the consumers.<br />
31
On the occasion a book titled ― Globalization and <strong>Consumer</strong>ism -Issues<br />
and Challenges‖ authored by Shri Ganesan and Sumathy Mohan was released<br />
by Col. Dr. C. Swaminathan, Vice Chancellor, Bharathiar University. Delivering<br />
the inaugural address he said that Liberalisation, Privatisation and Globalisation<br />
concepts have occupied a predominant place in the minds of the people today.<br />
Modernisation and technology are the words of mantra of even a common man.<br />
We find that technology has played a great role in the systematic development of<br />
the nation building activities. BASEL <strong>II</strong> talks of capital adequacy requirements<br />
and RBI has taken measures to keep the Indian banks globally active. Monetary<br />
policies, regulatory measures, NPA norms all speak volumes of development of<br />
the banking system as a whole towards globalisation. World economy has to be<br />
carefully studied and watched. We may have to fine tune our systems and<br />
procedures in this direction.<br />
He added that every industry talks on globalisation. <strong>For</strong> instance, take<br />
plantation industry. In the recent press reports it is mentioned that Ms. Sheela<br />
Thomas, Chair Person of Indian Rubber Board has been elected as the new<br />
Chair Person of International Rubber Study Group. Members opined that India<br />
being both producer and consumer of rubber would be in a good position to<br />
protect the interests of both producers and consumers in IRSG. This is one<br />
example on globalistaion and consumer issue in rubber industry.<br />
32
There are a number of other issues that needs immediate attention to<br />
protect the interests of the consumers and such seminars play a important role in<br />
looking for solutions to such problems. I wish the Seminar a success and hope<br />
the deliberations will be useful.<br />
The Keynote address was<br />
delivered by Prof. Suresh Misra,<br />
Chair Professor & Coordinator,<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong>. Prof.<br />
Misra, said that globalization has<br />
changed the way we think and live.<br />
The world is moving towards a<br />
mono culture as a result of<br />
globalization. The markets have<br />
expended beyond nations. But the<br />
consumer protection laws have<br />
limited jurisdiction and cannot cope up with new problems due to globalization<br />
and use of technology. He also stressed that Law can only protect the consumers<br />
through rules, which are essentially national and which can only be enforced<br />
within a national framework.<br />
Prof. Suresh Misra, Chair Professor delivering<br />
the Keynote Address<br />
Prof .Dr. P.K. Manoharan, Dean, College Development Council, Bharathiar<br />
University and Shri. P. S. Srikrishnan, Manager, Staff training College, Karur<br />
Vysya bank Ltd, Karur were felicitated during the seminar and vote of thanks was<br />
given by Dr. M. Dhanabhakyam, Asst. Professor, School of Commerce.<br />
The seminar was divided into various Thematic Sessions, each dealing<br />
with a specific theme. Each session was chaired by a well known expert. The<br />
First thematic session was on <strong>Consumer</strong> Protection - Laws and Policies,<br />
which was Chaired Prof. Dr. D. Elangovan, Annamalai University who presented<br />
a glimpse of <strong>Consumer</strong> awareness and gave a brief account of the seminar<br />
design.<br />
33
Dr. Anil. G. Variath Professor and Director, Dr. B.R Ambedkar Legal<br />
Research Centre, Sidharth College of Law, Mumbai touched upon the underlying<br />
theme of the seminar. Eight papers were presented by the delegates in this<br />
session.<br />
The Second Thematic Session was on Service Sector and <strong>Consumer</strong>,<br />
which was chaired by Prof. Dr. K. Chandran of Agricultural Economics,<br />
Agricultural University and Co-Chaired by Dr.C.Naseema, Professor of<br />
Education, University of Calicut and the Rapporteur was Dr.P.Chellasamy, Asst.<br />
Professor, School of Commerce. Ten presenters presented their papers that<br />
focused on <strong>Consumer</strong> awareness and the service sectors.<br />
34
The Third Plenary Session was on Environment and Rural<br />
<strong>Consumer</strong>s, which was chaired by Prof. Dr.A.Illagovan, Head, Periyar University<br />
and Co-Chaired by Dr.K.Mythili, Chief Librarian, Bangalore and the Rapporteur<br />
was Dr.Padmasani, Asst. Professor, Bharathiar University. Nine papers on<br />
Environment and green consumerism were discussed by presenters.<br />
The Fourth Thematic Session was on Market and the <strong>Consumer</strong> which<br />
was chaired by Prof .Dr.Malabika Deo, Head, Pondicherry University and Co-<br />
Chaired by Dr.E.K.Satheesh, Reader, University of Calicut. Twelve Papers<br />
highlighting the various practices adopted by the marketers to exploit the<br />
consumers were discussed.<br />
All the presenters were unanimous in their opinion about enhancing the<br />
awareness among consumers about their rights and the need for enforcing the<br />
laws for the benefit of the consumers.<br />
35
The Fifth Thematic Session was on <strong>Consumer</strong> awareness and Role of<br />
Media, which was chaired by Prof. Dr. Selvarajan, Professor of Economics,<br />
Annamalai University and Co-Chaired by Shri.J.V.George, President, Tamil Nadu<br />
<strong>Consumer</strong> Welfare Centre, Coimbatore. In this session fifteen papers related to<br />
influence of media on consumer awareness were discussed. The impact of<br />
misleading advertisements on the consumers were also discussed and it was felt<br />
that there is a need to have a regulator to control misleading advertisements.<br />
The Sixth Thematic Session was on Corporate Social Responsibility<br />
and the <strong>Consumer</strong> which was chaired by Dr.Manickavasagam, Professor,<br />
Corporate Secretary ship and Controller of Examinations, Alagappa University<br />
,Karaikudi and Co-chaired by Dr.N.Sundaram, Associate Professor, VIT<br />
University. The Rapporteur was Dr.V.Richard Paul, Asst. Professor, Bharathiar<br />
University who felicitated and thanked the panel and the paper presenters. Four<br />
papers related to corporate social responsibility were discussed in this session.<br />
The welcome address of the Valedictory Session was given by the<br />
Seminar Co-ordinator Dr. M. Sumathy, Reader, School of Commerce. Dr. G.<br />
Ganesan, the Seminar Director, Professor & Head, School of Commerce gave<br />
the Presidential address. The Seminar Co-ordinator Dr. M. Sumathy, Reader,<br />
School of Commerce. Gave an account of the proceedings of the seminar and<br />
presented a brief seminar report. The feed back of the participants was also<br />
taken.<br />
Dr. P.Thirumalvalavan, Registrar, Bharathiar University gave the<br />
Valedictory Address and also distribution the Certificates to the delegates and<br />
praised the School of Commerce, faculties and students for their painstaking<br />
36
efforts to conduct and organize the seminar. The concluding remarks was given<br />
by the Programme Co- ordinator Prof. Suresh Misra, Chair Professor & Chairman<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong> and vote of thanks by Dr. P. Chellasamy, Asst.<br />
Professor, School of Commerce. The National Seminar ended with a National<br />
Anthem.<br />
(Suresh Misra)<br />
Seminar Coordinator<br />
37
3 rd Training Programme for the Coordinators and Advisors of State <strong>Consumer</strong><br />
Helplines on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(August 1-5, 2011)<br />
The Department of <strong>Consumer</strong> Affairs, GOI is in the process of setting up<br />
<strong>Consumer</strong> Helplines in all the states. <strong>II</strong>PA as the Nodal Agency to monitor and<br />
build the capacity of the personnel has the mandate to train all the coordinators<br />
and advisors of the helplines. As part of this a Training Programme for the<br />
Coordinators and Advisors of State <strong>Consumer</strong> Helplines on <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare was organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>,<br />
Indian Institute of Public Administration, New Delhi from August 1-5, 2011. The<br />
Department of <strong>Consumer</strong> Affairs, Government of India, sponsored the<br />
programme. 20 participants from different States attended the programme.<br />
Participants with Dr. Rakesh Hooja, Director, <strong>II</strong>PA<br />
The objectives of the training programme were to:<br />
<br />
<br />
<br />
acquaint the participants with the need and importance of <strong>Consumer</strong><br />
Helplines and the role of the Coordinators and advisors of the SCH‘s.<br />
enhance their knowledge and skill in the area of <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare.<br />
build their capacity to manage SCH‘s and redress consumer grievances.<br />
38
enhance their knowledge and skill to provide consumers with information<br />
related to products and services<br />
develop Communication Skills.<br />
Prof. Suresh Misra Addressing the Participants<br />
The<br />
Programme<br />
commenced with a briefing by the<br />
Programme Coordinators-Prof<br />
Suresh Misra and Dr. Mamta<br />
Pathania. During the briefing<br />
session the participants were<br />
informed about the objectives of the<br />
programme, the topics to be<br />
covered, the methodology to be<br />
followed and the need for such a<br />
programme. Further they were<br />
briefed about as to what was expected from them during and after the training.<br />
While introducing themselves the participants provided information about their job<br />
profile, the kind of activities they organize and how they would be benefited from<br />
the programme. The session focused on sharing experiences as a consumer and<br />
also as advisors to the consumers. They also gave an account of the status of<br />
the helplines in their respective states.<br />
While addressing the participants, Prof. Suresh Misra Chair Professor and<br />
Coordinator, CCS said that the states would serve as co-partners in this venture<br />
for the welfare of consumers all over India. He stressed that to make people<br />
aware of the consumer rights and also to help them redress grievances, the idea<br />
of setting up State <strong>Consumer</strong> Helplines and <strong>Consumer</strong> Advice <strong>Center</strong>s therein is<br />
a good initiative. He highlighted that the primary objective of these SCH‘s and<br />
CAC‘s is consumer welfare, pre-purchase advice, develop confidence among<br />
them, making them self reliant by providing information and advice to redress<br />
their grievances.<br />
39
The Programme was divided into a number of thematic sessions; An<br />
Overview of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare by Prof. Suresh Misra<br />
provided an overview of the law and policy framework for <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare in India. Understanding the <strong>Consumer</strong> Protection: Law &<br />
Policy was covered by Dr. Sapna Chadah, which gave a comprehensive picture<br />
of the law and the <strong>Consumer</strong> Protection Act. A session on Insight to <strong>Consumer</strong><br />
Education and <strong>Consumer</strong> Awareness highlighting the various schemes and<br />
programmes of the Department of <strong>Consumer</strong> Affairs aimed at generating<br />
awareness was covered by Dr. Mamta Pathania.<br />
Other themes covered<br />
were Overview of General<br />
<strong>Consumer</strong> Problems and Role<br />
of Advisors by Dr. Poonam<br />
Pande from GIZ Online<br />
Transactions and the <strong>Consumer</strong><br />
by Dr. Charru Malhotra,<br />
Experience Sharing from the<br />
VCO on <strong>Consumer</strong> Issues by<br />
Dr. Roopa Vajpeyi, Personal<br />
Participants of the Programme<br />
Skills<br />
Development:<br />
Communication and Advice(Customer Relationships) and Telecom Service<br />
:Problems and Redressal by Mr. S. K. Virmani, Introduction to Pre Purchase and<br />
Post Purchase Advice by Dr. Sheetal Kapoor, Role of Coordinators in Efficient<br />
Functioning of the State <strong>Consumer</strong> Helplines by Dr. Jayashree Pillai,<br />
Understanding of Standards: An Overview by Shri V. K. Singh, Service Sector<br />
and <strong>Consumer</strong> Protection Act by Dr. Premlata and Misleading Advertisements<br />
was taken by Dr. Amit Singh, <strong>II</strong>PA. The IT portal Training sessions were covered<br />
by Mr. Prabhu Prasad Mishra. The main thrust of the programme was to<br />
acquaint the participants with the kind of problems that are faced by the<br />
consumers in various service sectors and the mechanism of redressal of their<br />
grievances by the consumer courts.<br />
40
To make the programme more participatory the participants were divided<br />
into groups. Each group was to prepare a group report on the functioning of<br />
SCH‘s and CAC‘s in their respective states, problems faced and<br />
recommendations for future course of action. The reports were presented by the<br />
groups. On the concluding day Prof Rakesh Gupta, <strong>II</strong>PA distributed the<br />
certificates to the participants followed by a formal vote of thanks by the course<br />
coordinators.<br />
Views /opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
17 3 - -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
18 2 - -<br />
3. How useful is the training likely to be in future jobs that you may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
17 3 - -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all<br />
7 7 6 -<br />
41
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant<br />
15 5 - -<br />
Not at all relevant<br />
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied<br />
to a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 17 2 1 - -<br />
b. Residential<br />
accommodation<br />
c. Food quality and<br />
service<br />
d. Class room<br />
Facilities<br />
e. Interaction with<br />
the Faculty<br />
17 2 1 - -<br />
15 5 - - -<br />
19 1 - - -<br />
16 4 - - -<br />
f. Recreation Facilities 16 3 - - 1<br />
NC/<br />
NA<br />
42
Sl.<br />
No.<br />
7. Assessment of Training Faculty/Sessions (20 Participants responded)<br />
Topic Name of Speaker Assessment<br />
1. An Overview - of <strong>Consumer</strong><br />
Protection & <strong>Consumer</strong> Welfare<br />
Excellent Very<br />
Good<br />
Good Fair NC<br />
Suresh Misra 13 4 2 - 1<br />
2. Overview of General <strong>Consumer</strong><br />
Problems and Role of Advisors<br />
3. Understanding the <strong>Consumer</strong><br />
Protection: Law & Policy<br />
4. Insight to <strong>Consumer</strong> Education &<br />
<strong>Consumer</strong> Awareness<br />
5. Online Transactions and the<br />
<strong>Consumer</strong><br />
6. Experience Sharing from the VCO<br />
on <strong>Consumer</strong> Issues<br />
7. Personal Skills Development :<br />
Communication & Advice<br />
(Customer Relationships)<br />
8. Telecom Services: Problems &<br />
Redressal<br />
9. Introduction to Pre Purchase &<br />
Post Purchase Advice<br />
10. Role of Coordinator in Efficient<br />
Functioning of State <strong>Consumer</strong><br />
Helplines<br />
Poonam Pande 8 11 - - 1<br />
Sapna Chadah 10 6 3 - 1<br />
Mamta Pathania 15 4 - - 1<br />
Charru Malhotra 9 8 2 - 1<br />
Roopa Vajpeyi 7 7 2 2 2<br />
S. K. Virmani 6 10 3 - 1<br />
S. K. Virmani 5 12 2 - 1<br />
Sheetal Kapoor 7 8 4 - 1<br />
Jayashree Pillai 11 8 - - 1<br />
11. Standardization and the <strong>Consumer</strong> V. K. Singh 9 7 3 - 1<br />
12. Service Sector & the <strong>Consumer</strong> Premlata 10 5 4 - 1<br />
13. IT Portal Training Prabhu Prasad<br />
Mishra<br />
14. Practice Session (How to Register<br />
Complaints by using IT Postal)<br />
Prabhu Prasad<br />
Mishra<br />
6 7 5 - 2<br />
8 8 3 - 1<br />
15. Misleading Advertisements Amit Singh 6 11 2 - 1<br />
16. Evaluation/OpenHouse Discussion Suresh Misra<br />
Rakesh Gupta<br />
Mamta Pathania<br />
13 14 - - 3<br />
43
8. Which parts of the course did you find most helpful<br />
IT Portal Training 8<br />
All 4<br />
Understanding the <strong>Consumer</strong> Protection: Law & Policy 4<br />
Online Transactions and the <strong>Consumer</strong> 3<br />
Misleading Advertisements 2<br />
Overview of general <strong>Consumer</strong> problems & Role of Advisors 2<br />
Insight to <strong>Consumer</strong> Education & <strong>Consumer</strong> Awareness 2<br />
Experience Sharing from VCO on <strong>Consumer</strong> Issues 2<br />
Understanding of Standards: An Overview 1<br />
An Overview of <strong>Consumer</strong> Protection &<strong>Consumer</strong> Welfare 1<br />
Role of coordinators in the Efficient Functioning of the State<br />
<strong>Consumer</strong> Helpline<br />
Telecom Services: Problems and Redressal 1<br />
Service Sector and <strong>Consumer</strong> Protection Act 1<br />
1<br />
9. Which parts of the course did you find least helpful<br />
None 19<br />
Personal Skill Development Communication and Advice 1<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair<br />
15 5 - -<br />
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
17 - 3<br />
44
12. Any other comments/ observations you wish to make about the course.<br />
<br />
<br />
<br />
<br />
Will be able to manage the State <strong>Consumer</strong> Helplines more efficiently<br />
Enhanced our knowledge in consumer protection and also in resolving day<br />
to day problems.<br />
Will help in understanding the relationship between complainant and the<br />
service provider.<br />
Helpful in organizing consumer awareness activities at the grass root level.<br />
13. Any other comments/ observations you wish to make about the course:<br />
<br />
<br />
Well structured Programme which gave in depth analysis of various topics<br />
related to consumer protection and consumer welfare.<br />
Such type of programmes should be organized regularly.<br />
We would like to place on record the practice followed in the Indian<br />
Institute of Public Administration to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
The report would be incomplete, if we do not record our appreciation to the<br />
officers and staff of the Administration and Training sections of the Institute for<br />
their help. However, Dr. Naresh Kumar (Registrar), Dr. C. Giri (Deputy Registrar,<br />
Administration), Shri Vijay Sharma (Training Assistant) and other training staff<br />
deserve special mention for their support.<br />
45
We would also like to take this opportunity to acknowledge our thanks to<br />
Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance and support. The Secretary,<br />
Additional Secretary and Joint Secretary, Department of <strong>Consumer</strong> Affairs,<br />
Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution, Government of India,<br />
deserve special thanks for sponsoring the Centre for <strong>Consumer</strong> <strong>Studies</strong> and<br />
reposing confidence and trust in the Indian Institute of Public Administration, New<br />
Delhi.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Course Coordinators<br />
46
National Seminar on Rural <strong>Consumer</strong>s<br />
(August 16-17, 2011)<br />
A National Seminar on Rural <strong>Consumer</strong>s was organised by the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong> in collaboration with Council for Tribal and Rural<br />
Development, Bhubaneswar, Orissa on 16-17 August, 2011 at Bhubaneswar,<br />
Orissa. The Department of <strong>Consumer</strong> Affairs, GoI sponsored the seminar. More<br />
than 60 delegates from different organisations attended the seminar.<br />
Dignitaries on the Dias<br />
The National Seminar was an attempt to evaluate the measures taken to<br />
strengthen the consumer movement in the country. It provided a larger platform<br />
to exchange ideas on various issues concerning consumers especially in rural<br />
areas and the achievements of the <strong>Consumer</strong> Protection Act. It was an effort to<br />
bring together national experts in consumer law, consumer rights, consumer<br />
behavior, academicians and representatives of NGOs on a common platform to<br />
discuss various issues relating to rights of rural consumers in India; to promote<br />
understanding of inter-relationship between consumer laws and protection of<br />
consumers through institutional arrangements; to catalyze potential synergetic<br />
applications to rights of rural consumers; to focus on current state of rural<br />
consumers in terms of buying behavior and grievance redressal at the back drop<br />
of legal and legislative measures; to prioritize on research, policies and practices<br />
those are relevant for facilitating policy makers and programme executives for<br />
47
planning a mechanism in managing appropriate consumer grievance redressal<br />
mechanism in rural area; to explore different dimensions of consumer behaviour<br />
in rural area as co-related with gender issues.<br />
The seminar was divided into various technical sessions. The first session<br />
was on Sustainable Consumption and Rural <strong>Consumer</strong>s. The second session<br />
was on Issues of <strong>Consumer</strong> Protection in Rural Areas, the third technical session<br />
was on Issues of Rural Marketing, the fourth focused on Ethical Issues of rural<br />
<strong>Consumer</strong>s and the last session was on Role of NGO‘s in Rural <strong>Consumer</strong><br />
Movement.<br />
Themes covered in the seminar were <strong>Consumer</strong> Organisations and<br />
<strong>Consumer</strong> Protection in Rural Area; <strong>Consumer</strong> Organisations in Rural Area -Role<br />
and Importance; Buying Behaviour and Grievance Redressal in Rural Area;<br />
<strong>Consumer</strong> Protection Through Mass Awareness: Challenges and Opportunities in<br />
the Rural Area; Governmental Role for <strong>Consumer</strong> Awareness and Welfare in<br />
Rural Area; Protective Aspects of <strong>Consumer</strong> Protection in Rural Area; A New Era<br />
in Rural <strong>Consumer</strong>ism; <strong>Consumer</strong> Behaviour, Communication and Rural Market;<br />
Banking Services in India and <strong>Consumer</strong> Protection in Rural Area; <strong>Consumer</strong><br />
Problems in Rural Area; Managing <strong>Consumer</strong> Expectations through Encouraging<br />
Customer Complaints in Rural Area; Healthcare in Rural India and <strong>Consumer</strong><br />
Protection Act; <strong>Consumer</strong>s attitude and behaviour towards fast foods in Rural<br />
Area; Understanding consumers' preferences and decision to enroll in Insurance<br />
packages in Rural India; Retail Store Categorization and Patronage Behavior<br />
among Rural <strong>Consumer</strong>s in India; Trends in Retail Shopping Behaviour among<br />
Rural <strong>Consumer</strong>s; Factors influencing shopping preferences among Rural<br />
<strong>Consumer</strong>s; Factors influencing consumers preference and interaction with<br />
medicine vendor in Rural Area; Issues and problems of Rural <strong>Consumer</strong>s utilizing<br />
electricity service; <strong>Consumer</strong>s awareness and willingness towards purchase of<br />
chemical fertilizers, pesticides and certified seeds in rural area : An appraisal;<br />
Issues of health services for the rural consumers in India; Rural consumers and<br />
telecom service in India : Marketing and issues; <strong>Consumer</strong> attitude and<br />
behaviours towards networking marketing in rural India; Buying behavior of rural<br />
consumers in India: A case studies; Changing behavioural trends of Rural<br />
<strong>Consumer</strong>s in globalization era; Rural Agri-Marketing- with Special Reference to<br />
48
Agricultural Products; Issues of Rural Marketing in India; Linking Rural<br />
<strong>Consumer</strong>s and Urban Producers.<br />
The seminar commenced with welcoming of the guest and lighting of the<br />
lamp by the Chief Guest Shri Manoj Parida, IAS, Joint Secretary, Department of<br />
<strong>Consumer</strong> Affairs, GoI and Hon‘ble Justice H.B. Das, <strong>For</strong>mer Special Judge, CBI,<br />
Odisha. Dr. R.N. Pati, Coordinator of the seminar extended a warm welcome to<br />
all the distinguished guest and delegates presented in the seminar.<br />
Hon’ble Justice H.B. Das, lighting the lamp<br />
In his inaugural address Shri<br />
Manoj Kumar Parida, Joint<br />
Secretary, Department of <strong>Consumer</strong><br />
Affairs, GoI, New Delhi emphasized<br />
on the role of intellectuals and civil<br />
society organizations in<br />
mainstreaming the government<br />
programmes for greater benefits of<br />
the rural consumers.<br />
Shri Manoj Parida, Joint Secretary, Department<br />
of <strong>Consumer</strong> Affairs, GoI, New Delhi delivering<br />
the Inaugural Address<br />
Describing the various activities/ schemes initiated by the Department for<br />
<strong>Consumer</strong>s Affairs, he stressed that the role of the Department is to take the<br />
consumer movement forward but lasting impact of the movement depends upon<br />
the consciousness and alertness of public in general. He emphasized that such<br />
49
seminars/conferences are good to generate mass consumer awareness and also<br />
for providing a platform for exchange of ideas on the same.<br />
Justice H.B. Das, <strong>For</strong>mer<br />
Special Judge, CBI, Odisha,<br />
while addressing the participants<br />
highlighted the legal issues to be<br />
addressed along with the welfare<br />
programmes for the rural<br />
consumers. He stressed that<br />
deficiency in service and defects<br />
in products are two areas where<br />
the cause of action arises and<br />
therefore consumer awareness is<br />
Justice H.B. Das, <strong>For</strong>mer Special Judge, CBI<br />
Odisha, addressing the participants<br />
an important segment to reach the magnitude of masses and also to carry<br />
forward the consumer movement.<br />
Prof. Suresh Misra, Chair Professor and<br />
Coordinator, CCS, <strong>II</strong>PA, New Delhi delivering<br />
the Key Note Address<br />
Prof. Suresh Misra, Chair<br />
Professor and Coordinator, Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New Delhi<br />
delivered the Key Note Address.<br />
Addressing the participants he<br />
highlighted different aspects relating<br />
to rural consumers and also stressed<br />
on the need for the involvement of<br />
gram panchayats and civil society<br />
organizations for taking the consumer<br />
movement to the grassroots level.<br />
Highlighting the importance of the consumer programmes, he said that villages<br />
should be the base from where the consumer movement should be initiated. The<br />
present status of rural consumers is very bad and the problems in rural areas are<br />
different, therefore there is a need to build capacity of institutions especially at<br />
local level to take the consumer movement forward.<br />
50
Shri Ramjibhai B. Mavani, <strong>For</strong>mer M.P., Rajkot<br />
delivering the Presidential Address<br />
The Presidential Address was<br />
delivered by Shri Ramjibhai B.<br />
Mavani, <strong>For</strong>mer M.P., Rajkot. He<br />
highlighted that the problems of rural<br />
consumers, rules, laws and<br />
regulations are issues, which need to<br />
be discussed in the two day<br />
deliberations. With a huge population<br />
residing in rural areas, the FMCGs<br />
are entering the rural markets with a<br />
faster pace. The need of the hour is<br />
to understand that duties and responsibilities which go hand in hand and for this<br />
every consumer has to join hands to achieve success. A beginning needs to be<br />
made and that requires will to initiate the beginning.<br />
Prof. Suresh Misra presenting memento to the Chief Guest, Shri<br />
Manoj Kumar Parida, JS, DCA<br />
The inaugural function ended with a vote of thanks by Prof. Premanand<br />
Panda, in which he thanked <strong>II</strong>PA for funding the seminar and all the dignitaries<br />
for sharing their expertise and knowledge.<br />
The first technical session was on Sustainable Consumption and Rural<br />
<strong>Consumer</strong>s. It was chaired by Smt. Ramaben R. Mavani, <strong>For</strong>mer M.P., Rajkot<br />
and Co-Chaired by Prof. Bhagaban Das. Mr. Patrick Von Braunmuhl from GIZ,<br />
New Delhi and Dr. Mamta Pathania, Assistant Professor, <strong>II</strong>PA, New Delhi were<br />
51
the lead speakers. Mr. Patrick made a presentation on Sustainable Consumption<br />
and Rural <strong>Consumer</strong>s while Dr. Mamta Pathania made a presentation on<br />
―Changing Profile of Rural <strong>Consumer</strong>s in India- Need for Education and<br />
Awareness‖ a paper by Prof. Suresh Misra and Dr. Mamta Pathania. She<br />
highlighted the level of consumer awareness among the rural masses and<br />
brought to light the myths and realities of rural consumers while on the need to<br />
educate the people in rural areas so that they are not exploited and cheated by<br />
the retailers/shopkeepers.<br />
The others papers presented in the technical session were ―Rural Potential<br />
of India Incorporated‖ by Mr. C.V. Krishna, Andhra Pradesh, ―Farmers as<br />
<strong>Consumer</strong>s‖ by Mr. Santosh Kumar Ojha, Odisha; and ―Rural Marketing in<br />
Odisha by Dr. Jayant Kumar Nanda, Bhubaneswar.<br />
Participants of the Seminar<br />
The theme of the second<br />
technical session was ―Issues of<br />
<strong>Consumer</strong> Protection in Rural<br />
Areas‖. The session was Chaired by<br />
Prof. Suresh Misra, Chair Professor<br />
and Coordinator, Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New Delhi<br />
and Co-chaired by Mr. Patrick Von<br />
Braunmuhl, Senior Advisor, GIZ,<br />
New Delhi.<br />
Mr. Patrick Von Braunmuhl & Prof. Suresh Misra<br />
chairing the session<br />
52
The lead speakers of the session were Dr. Basanta Kumar from Utkal<br />
University who presented his paper on ―Public Distribution System in rural India:<br />
Implications for Food Safety and <strong>Consumer</strong> Protection, Prof. Premananda<br />
Panda, Sambalpur University focused his presentation on ―The Impact of Social<br />
Groups on <strong>Consumer</strong> Behaviour‖; Prof. Bhagaban Das, FM University presented<br />
on the theme ―<strong>Consumer</strong> Protection and Financial Literacy‖. The other paper<br />
presented was on ―Mobiles in Rural Market‖ by Dr. Priya Ranjan and Dr.<br />
Manmath Mohanty.<br />
Second Technical Session in Progress<br />
On the second day, the Third technical session focused on the theme<br />
―Issues of Rural Marketing‖. The session was Chaired by Dr. Jayant Kumar<br />
Nanda, Reader Commerce and Dr. Sabita Acharay, Reader, Utkal University. In<br />
this session the lead speakers were Dr. Sudhakar Patra and Dr. Kabita Kumari<br />
Sahu who focused their presentation on ―Challenging Issues of Rural Marketing‖<br />
and Dr. Minati Mallick, North Orissa University who made a presentation on<br />
―Rural Marketing in India: An Overview‖.<br />
The other speakers in the session were Dr. Nilakantha Panigrahi who<br />
presented a paper on ―Prospects and Challenges of Rural Marketing in tribal<br />
Dominated regions of India with special reference to Orissa‖; Cultural Changes of<br />
Rural <strong>Consumer</strong> – A Case Study of SC Women <strong>Consumer</strong>s of Kharisa Village by<br />
Dr. Dillip Mishra; Issues and Challenges of Rural <strong>Consumer</strong> by Shri Debabrata<br />
Jena.<br />
53
The Fourth Technical session focused on ―Ethical Issues of Rural<br />
<strong>Consumer</strong>s‖. Prof. Dipti Ranjan Sahu, Professor and Head, Department of<br />
Sociology, Ravenshaw University Chaired the session and the session was cochaired<br />
by Shri Debabrata Jena, Senior Advocate. The lead speakers of the<br />
session were Dr. Fakir Mohan Sahoo and Ms. Nivedita Das, Xavier Institute of<br />
Management who focused their presentation on ―Need Saliency and Health Care<br />
for Rural Elderly Women in Odisha‖; Dr. Geetanjali Dash, Reader & Head, P.G.<br />
Department of Social Science, FM University presented a paper on Globalization,<br />
<strong>Consumer</strong>ism and Rural <strong>Consumer</strong> and Dr. Susant Kumar Baral, Berbampur<br />
University presented a paper on Sensitive and Ethical Issues of Rural<br />
<strong>Consumer</strong>s.<br />
The other speakers of the session were Dr. Basanta Kumar on <strong>Consumer</strong><br />
Protection in Branchless Banking; Dr. C.K. Prahalad on the Future Lies with<br />
those companies who see the poor as their customers; Mr. Divyasingh Mohanty<br />
on <strong>Consumer</strong> Problems in Odisha; Dr. Jayant Kumar Nanda on Rural Marketing<br />
in Odisha and Prof. Premanand Panda on the Impact Social Groups on<br />
<strong>Consumer</strong> Behaviour.<br />
The last technical session fifth was on the theme ―Role of NGO‘s in Rural<br />
<strong>Consumer</strong> Movement.‖ The Chair for this session was Shri Ramjibhai B. Mavani,<br />
<strong>For</strong>mer M.P., Rajkot and Shri R.K. Mishra, Regional Director, National<br />
Commission for Scheduled Tribe co-chaired the session. This session was<br />
basically a panel discussion and a number of panelists discussed on the theme<br />
and kept their views before the audience. The panel experts were Smt. Ramaben<br />
R. Mavani, Prof. Suresh Misra, Dr. Geetanjali Dash, Dr. Mamta Pathania, Dr.<br />
Dillip Mishra and Mr. Santosh Kumar Ojha. A number of questions were raised by<br />
the participants.<br />
54
Mrs. Ramaben Mavani Addressing the Participants<br />
In the session Mrs. Ramaben Mavani stressed on the fact that no doubt<br />
consumer awareness programmes are being organized at different places but<br />
looking at the present scenario there is a need to organize more such<br />
programmes at lower levels to reach the rural masses. The session specifically<br />
discussed the issues which were discussed and presented in the two days<br />
deliberations. It basically highlighted the importance of consumer movement in<br />
the present era and also discussed the role of NGO‘s in the consumer<br />
movement.<br />
The Valedictory session started with the presentation of the Seminar<br />
Proceedings by Dr. R. N. Pati, Conference Coordinator in which he stressed that<br />
the National Seminar provided a platform for initiating meaningful dialogue on<br />
various issues of consumer protection and consumer behaviour in rural areas.<br />
Highlighting the two day deliberations he said that the seminar has generated<br />
meaningful feedback to National agencies, civil societies and government for<br />
envisaging strategic plan on advocacy, action research promoting intervention<br />
and enhancing consumer expectations in rural area. He also said that the papers<br />
accepted and presented in the seminar will be published in an edited volume<br />
―Rural <strong>Consumer</strong>ism in India‖.<br />
55
The Valedictory Ceremony<br />
was graced by Shri Nagendra<br />
Pradhan, Chairman Khadi Village<br />
Industry, Odisha. He highlighted<br />
different problems being faced by<br />
rural consumers and stressed how<br />
intersectoral approach can be<br />
effective in addressing different<br />
issues of rural consumers of India.<br />
He said that India was not defeated<br />
by foreigners but by its own men.<br />
The state of consumer awareness in rural areas specifically in Orissa is one such<br />
topic which needs to be inculcated in the minds of rural people. The exploitation<br />
in rural areas is rampant and to do away with this evil, consumer awareness and<br />
education is an important aspect to be thought of. The consumer movement<br />
should be taken to the village level. Unless the rural masses are educated about<br />
their right the consumer movement will not succeed.<br />
Shri Nagendra Pradhan, Chairman Khadi Village<br />
Industry, Odisha in the Valedictory Session<br />
Prof. Suresh Misra, Chair<br />
Professor and Coordinator, Centre<br />
for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New<br />
Delhi in his address appreciated<br />
the efforts of the CTRD in<br />
organizing the seminar and<br />
congratulated the paper presenters<br />
and the delegates for an enriching<br />
two day deliberations on a theme<br />
which holds immense importance<br />
in present day scenario.<br />
Prof. Suresh Misra addressing the participants<br />
The certificates were distributed to the delegates by the Chief Guest, Shri<br />
Nagendra Pradhan. Internationally famous devotional Singer, Shri Aurobinda<br />
Muduli entertained the delegates with his melodious devotional songs. The<br />
seminar ended with a Vote of Thanks by the conference Coordinator, Dr. R.N.<br />
Pati who extended his sincere thanks to the Indian Institute of Public<br />
56
Administration, New Delhi for sponsoring the seminar. Thanks were also<br />
extended to all the resource persons for taking out time from their busy schedule<br />
and share their knowledge and expertise with the participants of the seminar. Dr.<br />
Pati also thanked the participants for actively participating in the seminar.<br />
observations:<br />
The seminar concluded with the following recommendations and<br />
1. Need to create greater awareness among rural consumer by involving<br />
Gram Panchayats.<br />
2. Promotion of <strong>Consumer</strong> Advisory Centres at Block Level.<br />
3. Spreading message to rural consumer through street play, hoarding,<br />
advocacy.<br />
4. Encouraging NGOs to take up legal cases on behalf of rural consumers<br />
and implement consumer related schemes during 12 th Fifth Five Year<br />
Plan.<br />
5. Encouraging civil society to educate rural consumer on art of<br />
purchasing.<br />
6. Mass campaign and creation of awareness about consumer rights and<br />
obligations.<br />
7. Promotion of <strong>Consumer</strong> Education in Schools and colleges.<br />
8. Building the capacity of the local officials and the SIRDs to educate<br />
consumers.<br />
9. <strong>For</strong>mulation of specific polices for the rural consumers particularly<br />
farmers, women and children.<br />
10. Strengthening the consumer redressal mechanism at the district level<br />
11. Rural marketing in tribal areas should be based on social concepts<br />
and relationship marketing.<br />
12. Food adulteration in the rural areas needs to be checked.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
57
miHkksDrk laj{k.k vf/kfu;e] 1986 ds jtr t;arh o’kZ esa vk;ksftr fo”ks’k<br />
O;k[;ku<br />
Hkkjrh; yksd iz”kklu laLFkku] ubZ fnYyh<br />
¼23 vxLr] 2011½<br />
miHkksDrk v/;;u dsUnz] Hkkjrh; yksd iz”kklu laLFkku] ubZ fnYyh ds<br />
rRoko/kku esa miHkksDrk laj{k.k vf/kfu;e] 1986 ds jtr t;arh o’kZ esa fo”ks’k<br />
O;k[;ku vk;ksftr fd;k x;kA 23 vxLr] 2011 dks laLFkku ds lHkkd{k esa<br />
^miHkksDrk laj{k.k vf/kfu;e ds iPphl o’kZ* fo’k; ij vk;ksftr ;g O;k[;ku pkS/kjh<br />
pj.k flag fo”ofo|ky; esjB ds jktuhfr foKku foHkkx ds izksQslj latho dqekj<br />
“kekZ }kjk fn;k x;kA dk;Zdze ds nkSjku fofHkUUk {ks=ksa ls vk, gq, 50 izfrHkkxh<br />
mifLFkr FksA bl ekSds ij izksQslj “kekZ us miHkksDrk laj{k.k vf/kfu;e ds fofHkUUk<br />
i{kksa<br />
dk foLrkj iwoZd o.kZu fd;kA lkFk gh dY;k.kdkjh jkT; O;oLFkk ,oa izkphu<br />
Hkkjrh; iqjk.ksfrgkfld dky esa miHkksDrk laj{k.k ds fofo/k vk;keksa dk izHkko”kkyh<br />
rFkk lkjxfHkZd :ijs[kk izLrqr dhA<br />
fo”ks’k O;k[;ku nsrs izks-latho dqekj “kekZ] lkFk es a izks- lq’kek ;kno] Mk- jkds”k gwtk] izks-lqjs”k feJk ,oa Mk- eerk iBkfu;k<br />
58
mUgksaus jkT; dh mRifRr ds mn~ns”;ksa dks js[kkafdr djrs gq, dgk fd jkT; dh<br />
mRifr O;fDr ds lokZaxh.k fodkl gsrq gqbZ gSA jkT; O;fä dh loZJs’B lajpuk gSA<br />
ik”pkR; jktuhfrd fopkjdksa us jkT; ds fcuk euq’; ds vfLrRo dks loZFkk<br />
vLohdkj fd;k gSA ;wukuh nk”kZfud ,oa jktuhfrd fpUrd vjLrw dh izfl) mfDr<br />
dks js[kkafdr djrs gq, dgk] fd vjLrw rks ;gk¡ rd ekurs Fks fd tks fdlh jkT; dk<br />
lnL; ugha gS og ;k rks i”kq gS ;k HkxokuA mUgksaus vkxs dgk fd vkt ;fn vjLrw<br />
thfor gksrs rks ns[krs fd i”kq Hkh jkT; ds v/khu gSa vkSj Hkxoku dks Hkh jkT; viuh<br />
e;kZnkvksa ds cU/ku iznku djus dks m|r gSA vLrq] if”peh fopkjdksa ds ,d leqnk;<br />
us jkT; esa cqjkbZ rks [kkst fudkyh ijUrq jkT; dh vfuok;Zrk esa dksbZ lUnsg O;ä<br />
ugha fd;k vkSj blhfy, jkT; dks O;fäokfn;ksa us vko”;d cqjkbZ crk;kA tcfd]<br />
Hkkjrh; lH;rk esa miHkksäk ds :i esa rks ugha ijUrq ukxfjd ,oa euq’; ds :i esa<br />
iztktuksa ds fgrksa ds laj{k.k dk bfrgkl “krkfCn;ksa iqjkuk gSA izkphu Hkkjr esa uSfrd<br />
ewY;ksa rFkk ekuoh; xfjek dks lokZf/kd egÙoiw.kZ LFkku izkIr FkkA blhfy, jktk]<br />
vekR;] ukxfjd] iz”kklfud vf/kdkjh] of.kd&Jsf’B oxZ] vkfn lekt ds lHkh<br />
lnL;ksa ds vkpj.k] O;ogkj] dk;Ziz.kkyh vkSj lkekftd vUr% fØ;kvksa ij e;kZnk,¡<br />
LFkkfir FkhaA<br />
Hkkjrh; yksd iz”kklu laLFkku] ubZ fnYyh ds funs”kd MkW- jkds”k gwtk] izks- latho dqekj “kekZ dks iq’ixqPN iznku djrs gq,<br />
bl ekSds ij dk;Zdze dh v/;{krk djrs gq, Hkkjrh; yksd iz”kklu laLFkku] ubZ<br />
fnYyh ds funs”kd MkW- jkds”k gwtk us dgk fd fiNys iPphl o’kksZa esa oSf”od Lrj ij<br />
vusd ifjoZru gq, ftuds izHkko ls Hkkjr Hkh vNwrk ugha jgkA [kqyh vFkZO;oLFkk<br />
vaxhd`r gksus ls cgqns”kh; daifu;k¡ ns”k esa vkus yxhaA buesa vkilh izfrLi/kkZ] O;kikj<br />
ds foLrkj vkSj vf/kd ls vf/kd /ku dekus dh ykylk us Hkkjrh; cktkjksa dk<br />
LOk:Ik cny fn;kA miHkksDrkvksa dh t:jr] tsc vkSj euksfoKku dks /;ku esa j[kdj<br />
59
daifu;k¡ fofHkUUk mRiknksa dk fofuekZ.k djrh gSaA bu mRiknksa dks cspus ds fy,<br />
rjg&rjg ds gFkdaMs viuk, tkrs gSaA Vsfyfotu vkSj i=&if=dkvksa ds ek/;e ls<br />
Hkzked foKkiuksa ds lgkjs miHkksDrkvksa dks vkdf’kZr djus dh dksf”k”k dh tkrh gSA<br />
,sls esa miHkksDrkvksa dks lpsr vkSj lko/kku jgus dh vko”;drk gSA MkW- gwtk us dgk<br />
fd gesa ;g ugha Hkwyuk pkfg, fd miHkksDrk ,d mRiknd Hkh gksrk gSA miHkksDrk ,oa<br />
mRiknd] nksuksa gh ds ukrs mlds dbZ nkf;Ro gksrs gSa] vc rd miHkksDrk laj{k.k<br />
vf/kfu;e ds 25 o’khZ; dk;Zdky esa miHkksDrk vkanksyu us vf/kdkjksa dh vksj vf/kd<br />
/;ku fn;k gSA vkxs ds 25 o’kksZa esa gekjk /;ku nkf;Roksa dh vksj dsfUnzr gksuk pkfg,]<br />
rkfd miHkksDrkvksa ds vf/kdkjksa ,oa nkf;Roksa ds e/; ,d ldkjkRed larqyu LFkkfir<br />
gks ldsA ;g gekjs lekt ds fy, ,d nsu lkfcr gksxhA<br />
vfrfFk;ksa dk Lokxr djrh izksQslj lq’kek ;kno<br />
bl nkSjku vfrfFk;ksa dk Lokxr izksQslj lq’kek ;kno us fd;k] tcfd vkHkkj<br />
Kkiu dh vkSipkfjdrk miHkksDrk v/;;u dsUnz ds leUo;d ,oa ps;j izksQslj lqjs”k<br />
feJk us iwjh dhA ogha MkW- eerk iBkfu;k us eq[; oDrk dk ifjp; vkxUrqdksa ls<br />
djk;kA<br />
¼eerk iBkfu;k½<br />
60
National Seminar<br />
on<br />
Emerging Trends in <strong>Consumer</strong>ism in India<br />
M.P. Law College, Aurangabad (M.S.)<br />
(August 27-28, 2011)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA organized two day National<br />
Seminar on ―Emerging Trends in <strong>Consumer</strong>ism in India‖ on August 27-28, 2011<br />
in collaboration with M. P. Law College Aurangabad, Maharashtra. Around 100<br />
participants participated in the seminar which included academicians, lawyers,<br />
members from civil society organizations and students. The sub-themes of the<br />
seminar were: 1. Green <strong>Consumer</strong>ism; 2. <strong>Consumer</strong>ism and Advertisement; 3.<br />
<strong>Consumer</strong>ism and Medical Profession; 4. <strong>Consumer</strong>ism and Legal Profession.<br />
Around 52 papers were presented in two days in four technical sessions.<br />
Rangoli prepared by the students on the Seminar<br />
Dr. C. M. Rao, Principal, M. P. Law College, Aurangabad welcomed all the<br />
dignitaries and participants and introduced the theme of the seminar. He said that<br />
the issue of consumer protection is of universal importance as everybody in the<br />
world, rich or poor, is a consumer and gets cheated at some point of time by the<br />
malpractices prevailing in the market. So there is urgent need to deliberate on the<br />
61
issue to raise awareness among all strata of the society. The teachers and<br />
students can play a major role in generating awareness among the society on the<br />
issue.<br />
Justice P.B. Reddi, Chairman Law Commission<br />
inaugurating the Seminar<br />
The Seminar was inaugurated<br />
by Hon‘ble Justice P. V. Reddi,<br />
Chairman, Law Commission of<br />
India. In his speech Justice P.<br />
V. Reddi, opined on various<br />
aspects of application of the<br />
<strong>Consumer</strong> Protection Act and<br />
the changes required in the<br />
<strong>Consumer</strong> Protection Act to<br />
meet the emerging challenges<br />
of consumerism. He said that<br />
the seminar which has been organised today of seminal importance as<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare is essential for welfare of the nation<br />
and indicator of good governance. The consumers are uneducated lot without<br />
any protection, placed in an unequal position wherein they are unable to face the<br />
strong and mighty business. By the unscrupulous and unfair practices by the<br />
traders and service providers, the consumers are handicapped in many ways.<br />
The poor and uneducated are still more vulnerable and exploited class. This all<br />
mandated the creation of legal protection for the consumers. In era of<br />
globalisation consumer has very little option to bargain, the seller basically rules.<br />
Though new channels for purchase have been created through science and<br />
technology but those has given rise to new and challenging problems. These new<br />
problems which have arisen due to rapid scientific development need to be<br />
addressed and resolved by government, regulatory bodies and Civil Society to<br />
provide a better environment to the consumers.<br />
He said that the CPA has given new thrust to consumer protection and has<br />
given six substantive rights to consumers. It is a milestone in consumer<br />
movement and has provided new roadmap to consumerism. New jurisprudence<br />
has developed wherein even class action and action by NGO is possible. Under<br />
the Act action against the unfair and restrictive trade practices against the<br />
62
usiness can be initiated. The complaint can also be brought against defective<br />
goods, deficient services and even against prices charged more than MRP. The<br />
definition of consumer and service is very wide. A three tier redressal mechanism<br />
has been established under the Act at the National, State and District levels to<br />
provide speedy, quick and inexpensive justice to the consumers. Councils have<br />
also under been created under the Act at three levels to provide solutions to the<br />
problems of the consumers. Besides CPA there are other legislations also<br />
provide for protection of consumers.<br />
The law cannot remain static; it has to be change with changing time and<br />
specific needs of the society and develop accordingly. The CPA has also<br />
undergone amendments thrice to evolve to the changing needs. More than two<br />
decades have passed after the enactment of the Act and now based on the<br />
experience, problem areas and the progress made there is need for a fresh<br />
introspection and accordingly changes need to be made. There is, however, no<br />
doubt that the establishment of forum at District level has been are boom to the<br />
society and has given relief to many aggrieved consumers for the services<br />
provided by the professionals and other statutory bodies as they are also come<br />
within the preview of the Act.<br />
The quasi judicial bodies under the Act are riddled with many problems<br />
which is causing delay and pendency. There is large pendency of cases on<br />
execution of orders though Act provides for high penalties which even include<br />
attachment of property and imprisonment. However, for attachment the order has<br />
to be sent to the collector which is a tardy procedure and there is no other back<br />
up procedure. The control over SCDRCs and forums has been vested with<br />
NCDRC and SCDRC exercises control over District <strong>For</strong>ums. This is a good<br />
provision but it needs to be studied to see where control is required more. The<br />
appointment of members also requires serious consideration. The payment of<br />
honorarium to the members also needs to be looked into as in many states the<br />
members are paid very less. Additional benches are also required for quick<br />
redressal of complaints as at many places the pendency is very high. ADR<br />
mechanism can also be a good alternative as it will reduce the burden on the<br />
63
consumer forums. Lokadalats also need to be held by District <strong>For</strong>um and<br />
commission, for this provision is required to be introduced in law.<br />
Justice Reddy lamented that inadequate implementation of laws in India is<br />
a major problem. Merely enacting more and more law is not sufficient it is<br />
required to be implemented properly and effectively. Under the CPA also it needs<br />
to be examined whether councils are meeting regularly, whether District<br />
Magistrate gets time to convene the meetings of District Council; all this needs<br />
serious considerations to make these councils more effective. There must be<br />
somebody to keep a watch over the service providers about deficiency and help<br />
the consumers. There is also need for more awareness at the grass root level<br />
and here the NGOs can play an important role. There are hardly any laboratories<br />
where the consumers can have easy access. These are some of the practical<br />
problems which need to be taken care by the government.<br />
Advertisement no doubt is major source of information to the consumers<br />
regarding the products and services available in the market. However, the<br />
misleading information which is being passed on to the consumers‘ through these<br />
ads is becoming affecting the consumers‘ right to information and choice. Such<br />
ads need to be dealt seriously and curbed for the benefit of the consumers. The<br />
Law commission regarding the ads has two agendas. Firstly, the morality and<br />
ethics of the society are to be taken care of in such misleading advertisement.<br />
<strong>For</strong> example, the advertisement where the massage parlours show nude photos<br />
of ladies and when objections are raised by ASCI they take the plea of freedom<br />
of expression and sex education need to be dealt strictly. Secondly, misleading<br />
advertisement by Babas where they claim that they can solve any problem<br />
regarding marriage, health problems, etc. by astrology. Herein the problem is<br />
whether astrology is a science and can be used to solve such problems.<br />
In the <strong>Consumer</strong> <strong>For</strong>ums the complaints against the medical profession<br />
are on the rise. The standard of care required has been laid down in Jacob<br />
Mathews and many other SC judgements. However there are various diversions<br />
in the applicability by the judges which requires to be reconciled. One of the<br />
major problems of the present day is over consumption. With the emergence of<br />
64
the consumer society the luxuries and wants are becoming needs and everybody<br />
desires to have more and more for himself without caring for the humanity as a<br />
whole. Thus there is urgent need to adopt green consumerism and also deal with<br />
the disposal of the waste is more efficient way.<br />
Hon’ble Justice V.R. Kingaonkar, Member, NCDRC<br />
addressing the participants<br />
Hon‘ble Justice V.R.<br />
Kingaonkar, Member, National<br />
<strong>Consumer</strong> Disputes Redressal<br />
Commission was the Guest of<br />
Honour on the occasion. Justice<br />
V.R. Kingaonkar highlighted the<br />
advantages of the <strong>Consumer</strong><br />
Protection Act and the ways in<br />
which consumer disputes are<br />
decided. He said that the<br />
consumerism is not a new<br />
concept. It started since<br />
Donoghue V. Stevenson way back in 1932 wherein House of Lord held that<br />
manufacturer or trader has certain duties towards the buyer. Ralph Nadar who<br />
was the crusader in the consumer movement, started it in 1960 in US. It was<br />
John F. Kennedy who in 1962 introduced the Bill of <strong>Consumer</strong> Rights in U.S.<br />
Congress where there were four consumer rights viz. right to safety, right to<br />
choose, right to be informed, and right to be heard. Later four more rights which<br />
included right to satisfaction of basic needs, right to seek redressal, right to<br />
consumer education and right to a healthy environment were added to the list. It<br />
was after the adoption of the U.N Guidelines on <strong>Consumer</strong> Protection in 1985,<br />
most of developed and developing countries enacted the laws in respective<br />
countries to provide adequate protection to the consumers.<br />
He said that there is need to look at consumer protection from different<br />
angles. There are various provisions in the laws which do not keep consonance<br />
with common law for example section 30 of Advocates Act provides only<br />
advocates have right to represent before any court/fora. However, CPA allows<br />
anybody to represent which includes consumers, NGO and government. Two<br />
things need to be seen that the system under the <strong>Consumer</strong> Protection and<br />
65
Human Rights has to be distinguished with the general delivery system of<br />
country. Like applicability of <strong>Consumer</strong> Protection act to extra territorial<br />
jurisdiction cases like it has applied to Ethopian airlines where it lifted cargo from<br />
India and delivered in any other country. The justice delivery system has to be<br />
given global interpretation.<br />
The CPA and allied laws gives umbrella protection to consumers so they<br />
need to be studied together and applied. In one of the cases advertisement was<br />
published which depicted that job would be given outside India and in caption it<br />
was written ―employer‘s guarantee.‖ The student paid heavy fee to eventually find<br />
out that what was available was only the list of employers. The complaint was<br />
filed by one of the young man who was deceived by the misleading<br />
advertisement. The contention of the organisation was that we had not<br />
guaranteed job we have only guaranteed employer. It was held that the students<br />
have been deceived through misleading advertisement. The young people do not<br />
have experience and this is an easy way in which they can be cheated. As all<br />
were young students in search of job it was directed by National Commission that<br />
a compensation which was on a higher side be paid to them by the opposite<br />
party. Similarly advertisements like increase in height captioned as ‗Big B‘ are<br />
assurances of something magical and frustrate the consumer and are to be dealt<br />
severely. Then there are sales and combo offers which write words like ‗upto‘ in<br />
small words so that consumer does not know about it. In such sales substandard<br />
goods are sold. All these amount to unfair trade practices and wherein the<br />
complaints of such kind have gone before the quasi-judicial machinery they have<br />
been dealt with sternly.<br />
Medical profession comes under <strong>Consumer</strong> Protection Act as it is one of<br />
the services given for consideration by the doctors and hospitals. Due to this now<br />
the doctors have started following defensive practices wherein they get the tests<br />
done for small problems just to avoid their liability under CPA. This is causing a<br />
lot of hardship to the consumers. There is need to reconcile the rights of the<br />
consumers against the doctors and the need to protect the reputation of the<br />
doctor to avoid unnecessary conflict between the two. As a practice the name of<br />
the doctor should not be published in media unless he is proved guilty. Then<br />
there are quacks about whom the consumers should be informed to avoid harm<br />
66
to them. The laws of beneficial nature are effective only if implemented properly.<br />
In the CPA execution of orders is one of the major problems. Sometimes the<br />
service of notice also becomes a problem as the person is difficult to locate.<br />
Talking on sustainable consumption he said, as regards green<br />
consumerism is concerned, there is need to change the attitude of consumers so<br />
that they can make difference in need and greed. The deliberations on such<br />
topics are important to clear our ideas and provide a platform to give suggestions<br />
which can provide valid input to the government. Martin Luther king has once<br />
said that we should either learn to live together as brothers or we are to perish as<br />
fools. The same is true even for the consumers, who need to be organised and<br />
be together otherwise they will perish on fools.<br />
Prof. (Dr.) R Venkat Rao, Vice Chancellor,<br />
National Law School of India University,<br />
Bangalore delivering the Keynote Address<br />
Prof. (Dr.) R Venkat Rao,<br />
Vice Chancellor, National Law<br />
School of India University,<br />
Bangalore delivered the Keynote<br />
Address. He said that Justice<br />
Ahmedi has said judicial activism is<br />
offshoot of common man‘s activism<br />
similarly consumerism is<br />
consumer‘s activism. He cited one<br />
of the cases of medical negligence<br />
in USA where a lady who had no<br />
problem had to go for the heart<br />
transplant. He said that the doctor, advocate and clinch man were once<br />
considered as noble men as generally people go to them only when they have<br />
suffering and distress and they try to ameliorate the sufferings of common man.<br />
But today the standards of morality and ethics have gone down so much that we<br />
are discussing deficiency in service in these fiduciary relationships. Now the<br />
private hospital are being told to reserve beds for poor people and give free<br />
treatment; similarly the private schools are to required to reserve 25% seats for<br />
BPL students under RTE Act. This is also being fought tooth and nail.<br />
67
Vindication of consumer rights is just the beginning but what is required is<br />
easy access to consumers to all services. Environmentalism is no more elitist<br />
what is required is that common man should be involved in it. Advertisements<br />
take the consumers for a ride. You have celebrity advertisements as that is an<br />
easy way to mislead people as everybody wants to become celebrity and so try<br />
to follow them. The question is can law deal with every greed and avarice It can<br />
never. The consumers are combination of three: victims, colluders and<br />
complainants. Nowadays life styles have become more important. The<br />
consumerism has become pejorative sense. There is need to reduce greed and<br />
luxuries and restrict to wants.<br />
At the end of the Inaugural Session dignitaries also released wallpapers<br />
prepared by student members of the Research Club of M. P. Law College on the<br />
sub-themes of the Seminar.<br />
Dignitaries releasing the wallpapers<br />
The seminar was divided in four sessions on Green <strong>Consumer</strong>ism;<br />
<strong>Consumer</strong>ism and Advertisement; <strong>Consumer</strong>ism and Medical Profession;<br />
<strong>Consumer</strong>ism and Legal Profession. In the first technical session on Green<br />
<strong>Consumer</strong>ism Prof. Dr.Kesava Rao, Dean, Faculty of Law, Andhra University and<br />
Principal Dr. Ch. Sudhakara Babu, JKC College of Law, Guntur were resource<br />
persons for the session. Dr. Sudhakar Babu, spoke on nature friendly green<br />
products. He opined that Nature takes care of itself. Excessive wastes are<br />
generated from excessive wants and there is a need to control it. Thirteen papers<br />
were presented on various aspects of the sustainable and green consumerism.<br />
68
The papers on Green <strong>Consumer</strong>ism highlighted that no doubt<br />
Consumption as Indicator of growth but uncontrolled consumerism is a threat to<br />
environment. Globalization and availability of goods and services have<br />
encouraged unsustainable consumption and the trend of use and throw is on<br />
increase. 3R- Reduce Reuse and Recycle need to be adopted to avoid over<br />
exploitation of natural resources both renewable and non-renewable.<br />
Irresponsible Consumption is not only putting stress on environment but also<br />
reducing Gross Natural Happiness. UN Guidelines on <strong>Consumer</strong> Protection 1999<br />
also now stress on sustainable consumption. However consumers now face a<br />
number of problems while adopting environmentally sound products. Papers also<br />
provided certain examples on how Green Trends can be increased like use of<br />
C.N.G., e-vehicles Pollution by motor vehicle. Green consumerism movement<br />
started from America in 1990 however, again disappeared because no suitable<br />
alternative appeared. The solution to the problem is simple, ethical, necessity<br />
based consumption avoiding advertisement impact and temptation. Thus there is<br />
need for government, business, civil society to take steps and provide consumers<br />
with alternatives to adopt to bring a change in their lifestyle. <strong>For</strong> this tracing<br />
consumers‘ consumption patterns are also necessary<br />
Prof. Kesava Rao, Dean Faculty of Law, Andhra<br />
University addressing the participants<br />
<strong>For</strong> the second session on<br />
‗Advertisement and <strong>Consumer</strong>ism‘, and<br />
Shri Prashant Godbole, Founder<br />
Ideas@work were the resource persons.<br />
Dr. V. Kesava Rao said that the<br />
advertisement is salesmanship. It<br />
includes any notice, label or wrapper and<br />
many more things which provide<br />
information regarding the product or<br />
service. He discussed various<br />
categories of advertisement and<br />
advertisement practices. Through a number of examples of Bargain sale, offering<br />
prizes, etc. he highlighted how consumers are cheated by advertisement.<br />
69
He highlighted provisions under various<br />
laws which prevent misleading ads. He also<br />
elaborated the definition of unfair trade<br />
practice under CPA which also includes<br />
within its ambit the misleading advertising.<br />
He said it is duty of all the stakeholders viz.<br />
producers, traders, artists, media, etc. to<br />
see that the ads are not misleading and<br />
pass on correct information to the<br />
consumers. Shri Prashant Godbole<br />
presented the first hand view of<br />
Shri Prashant Godbole making the<br />
audio-visual presentation<br />
advertisements from the advertiser‘s point of view. He said that industry spends<br />
huge amount on advertisement. It involves a number of people like artist,<br />
producers, advocates and many professional who give a shape to the<br />
advertisement we come across. Through audiovisual presentations he presented<br />
some misleading advertisements which were banned and why. He also<br />
highlighted the role of ASCI in controlling content of advertisements.<br />
Eighteen papers were presented in the session. These papers drew<br />
attention to a number of important issues relating to advertising and its effect on<br />
consumers. in olden days advertisement was not available; it has originated with<br />
industrialization to popularise the products and to draw the attention of<br />
consumers. Advertisements have both positive and negative aspects. The<br />
misleading advertisement and unethical message are passing wrong information<br />
to the consumers and leading to consumer exploitation. There is need for<br />
regulatory mechanism to check unfair trade practices in advertising. It was also<br />
said that there is requirement of Pre Censor Committee before release of<br />
advertisement. The regulatory bodies like SEBI and ASCI need to play more<br />
proactive role in controlling the advertisements. There is requirement of suo-motu<br />
power for consumer forums and other regulatory bodies to control advertisement.<br />
One of the paper presenters also highlighted the effect of advertisement on the<br />
consumers of real estate wherein due to misleading advertisements many<br />
consumers have become victims of unfair trade practices. There are no clear<br />
laws on it. There is also need for a real estate regulator who should also take<br />
cognizance of such unfair trade practices.<br />
70
Prof. A. Rajendra Prasad, Principal, Dr.<br />
B. R. Ambedkar College of law,<br />
speaking on Medical Negligence<br />
The third Session was on ‗Medical<br />
Profession and <strong>Consumer</strong>ism‘. Resource<br />
Persons for the session were Prof. (Dr.) A.<br />
Rajendra Prasad, Principal, Dr. B. R.<br />
Ambedkar College of law, Andhra<br />
University and Dr. Chaya Diwan,<br />
Government Medical College, Aurangabad.<br />
Prof. (Dr.) A. Rajendra Prasad presented<br />
the legal position regarding the medical<br />
negligence and duties of doctors. He said<br />
that the doctor-patient relation is a<br />
Contractual relationship. However, the<br />
doctor is also liable for negligence under the law of torts. Medical negligence as<br />
an act of commission or omission which a ordinary competent man is in the<br />
profession would not have committed or would not have failed to do. The test is<br />
of ordinary competent man. Neither very high nor very low competence is<br />
expected from the professional. Liability of Medical Professional is for<br />
compensation for the injury suffered by the patient. Medical Professional is<br />
required to have proper documentation and take informed consent from the<br />
patient before giving the treatment. Medical Profession no more a noble<br />
profession, it has become a service under the CPA and can be held guilty for<br />
deficiency in service.<br />
Dr. Chaya Diwan presented the<br />
doctor‘s point of view on the issue of medical<br />
negligence and the practical problems faced<br />
by doctors particularly in Govt. Hospitals<br />
while treating the patients. These Practical<br />
problems include lack of resources, over<br />
burden and sometimes the patient himself<br />
also contributes to the negligence. In such a<br />
scenario it is also required that the doctors<br />
should also be given some protection to<br />
71<br />
Dr. Chaya Diwan presented the doctor’s<br />
point of view on medical negligence
prevent unnecessary harm to their reputation. It is important for both the doctors<br />
and patients to understand their responsibilities for a healthy Doctor-patient<br />
relationship.<br />
Thirteen papers presented in the session discussed the judicial trend in<br />
medical negligence, how Commercialization has affected medical profession,<br />
reasons for medical fraternity to go against interest of people and rights and<br />
duties of doctor and patients. There is constant increase in cases of medical<br />
negligence for which dearth of adequate medical facilities at hospitals and falling<br />
standards of professional competence are also the reasons. There is need for<br />
providing adequate remedies to the consumers for such deficiencies. One of the<br />
paper on ‗Reasonable prices of drugs – A demand for right to Health‘ also<br />
discussed the effect of high pricing of drugs on consumers and need for Ethical<br />
code for prescription of generic drugs. It was also emphasized that there is need<br />
for investigative machinery to look into such matters.<br />
Prof. S.S. Prakash, NLIU, Bhopal<br />
speaking on lawyers’ negligence<br />
72<br />
The fourth Session was on ‗Legal<br />
Profession and <strong>Consumer</strong>ism‘. Prof.<br />
Advocate (Dr.) Santosh Shah from Kolhapur<br />
and Prof. S.S. Prakash from NLIU, Bhopal<br />
were the resource persons from the session.<br />
They discussed the Liabilities of the legal<br />
professionals under CPA, Torts and other<br />
laws. They also emphasized on the need for<br />
improving the Efficiency of lawyers and<br />
strengthening the provisions of law to bring<br />
accountability among the legal fraternity.<br />
Eight papers were presented in the session.<br />
There was emphasis in one of the papers on Relaxing BCI Rule 36 in the era of<br />
Globalization which prohibits advertising by legal professionals which handicaps<br />
then m in the era of globalization when Indian legal professional faces stiff<br />
competition from foreign legal firms. Advertisements are allowed in other<br />
countries but not allowed in India which handicaps them in reaching out to<br />
consumers. It was emphasized that Rule 36 must by amended in tune with the<br />
changing scenario. The other papers highlighted on professional negligence and
duty of lawyer to be more accountable toward their clients. There was also<br />
discussion on Legal Practitioners (Regulation and Maintenance of Standards in<br />
Profession, Protecting the interest of Clients and Promoting Rule of Law) Bill<br />
2010.<br />
Prof.<br />
The Valedictory Session on August 28, 2011 began with the Address by<br />
Suresh Misra, Chair Professor and Coordinator, Centre for <strong>Consumer</strong><br />
<strong>Studies</strong>. He addressed the gathering and expressed his feelings about the<br />
outcome in the conducting the seminar. He<br />
thanked the management and college for<br />
organising the seminar in collaboration with<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA. The paper<br />
presented by the faculty and students were<br />
excellent. The resource persons were also<br />
very good. The contents were of very high<br />
quality which will definitely impart a lot of<br />
information on the issues related to consumer<br />
protection among the participants. He said that<br />
the Government of India has set up the Centre<br />
at <strong>II</strong>PA to take up various activities in the area<br />
of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare. The aim of the Centre is to<br />
generate awareness among consumers especially among the rural masses. CCS<br />
is an extended arm of DCA and the creating consumer education is our job. We<br />
are also conducting a number of programmes for various stakeholders which<br />
include programme for President and Members of District <strong>For</strong>ums, workshop for<br />
the coordinators of consumer clubs, members of NGOs, seminars, conferences<br />
etc.<br />
Prof. Suresh Misra, Chair Professor<br />
and Coordinator, CCS addressing<br />
the gathering<br />
CPA was enacted in 1986 and this year is the silver jubilee year of its<br />
enactment. The irony is that even after 25 years of its enactment we are still<br />
thinking how to take consumer movement forward. The misleading ads, spurious<br />
goods and sale promotion schemes are nothing but means to exploit consumers.<br />
MRP is also a legalized way to befool and exploit consumer. He said today the<br />
aspirations and desires of consumers are very high. The whole theory is Dil<br />
Mange More. You go to mall without any idea of buying anything but come out<br />
73
with a number of bags. ‗The sensitivity on consumer protection is not there.<br />
Today the needs and aspiration of present generation are quite different. They<br />
believe in spending more and more and not saving. There is a need to make this<br />
generation aware. As consumer we have to look after our welfare. We are all<br />
silent sufferers. We do not want to protest and want others to take up and fight for<br />
our cause. We need to be aware of both our rights and responsibilities as<br />
consumers and take initiatives. In this the teachers and students can play an<br />
important role. They can take the consumer movement forward and generate<br />
awareness among the masses who are not so much aware about their rights and<br />
duties as consumers.<br />
Hon’ble Justice S. B. Mhase,<br />
President, SCDRC delivering the<br />
Valedictory Address<br />
Hon‘ble Justice S. B. Mhase,<br />
President, Maharashtra State <strong>Consumer</strong><br />
Disputes Redressal Commission, Mumbai<br />
delivered the Valedictory Address. He<br />
highlighted the various problems which are<br />
stumbling blocks for the District <strong>For</strong>ums to<br />
give redressal to consumers like pendency<br />
of cases, the lack of resources, small<br />
matters do not reach court and many times<br />
the consumer is misled. He said that there<br />
is need to generate awareness among<br />
public regarding their consumer rights. The<br />
awareness generation should begin at<br />
schools as the students are the future of the<br />
country. The <strong>Consumer</strong> Clubs are required to be established in school and<br />
colleges for consumer literacy. However, these have not been established in<br />
Maharashtra and the money is lying unused. <strong>Consumer</strong> movement is slightly<br />
dwindling down in the state except in big cities. In many areas very few cases are<br />
being filed and the figure are going down as compared to earlier years of<br />
establishment of District <strong>For</strong>ums. One of the reasons is that there is no<br />
awareness among the consumers especially in musafil area. The consumer drive<br />
is required to be taken in these areas. The problem is the people who suffer are<br />
not aware and are not coming forward.<br />
74
No doubt the CPA is a very good tool to give redressal to the grievances of<br />
the consumers. However, it needs to be amended to keep pace with time and to<br />
make it more effective and efficient. One serious amendment which is required in<br />
CPA is that tenure appointment needs to be abolished. If a person who is coming<br />
from bar and is appointed as a President for 5 years and he can only be<br />
reappointed for another term, but not beyond has to go back to bar and start<br />
afresh. In such a condition good people will not like to join the forums. Thus to<br />
maintain the credibility of the system and to provide justice to the consumers<br />
there is need to evolve a system which is continuous. Further there is need to<br />
maintain discipline among the Presidents and Members of District <strong>For</strong>ums and for<br />
that cadreization is also necessary. Maharashtra is fifth in the pendency, 24000<br />
cases are pending in 4 benches in the State Commission. To deal with this<br />
pendency there is need for more benches and infrastructure.<br />
The consumer approaches forum with an expectation that he will get quick<br />
justice and nothing is required to be paid by him as is informed by the ‗Jago<br />
Grahak Jago‘ campaign. But when he is told to deposit for court fee, pay to send<br />
notice etc., he feel cheated and be fooled. If the Act is seriously implemented and<br />
there is awareness then most of the problem will be solved. Central and State<br />
governments are also complainant, but till recently no complaint was filed by<br />
government. Only recently government of Maharashtra has filed a complaint<br />
regarding the agricultural claims of the agriculturist. The government should take<br />
action and make complaint in areas like hoarding etc. where the consumer might<br />
not have enough information and would not come forward. Representative<br />
litigation by NGOs has also been contemplated by CPA but not many have<br />
approached. It could have been very effective in case of unfair and restrictive<br />
trade practices. <strong>Consumer</strong>s and NGOs themselves are not aware of many issues<br />
which amount to deficiency in service especially by public service providers like<br />
where service is withheld by railways due to strike and people suffer. There is<br />
need that judges who are manning the District <strong>For</strong>ums should forget CPC and<br />
Evidence Act while disposing consumer complaints. They should act according to<br />
the Principles of Natural Justice and summary procedure to provide quick justice<br />
to the consumers. It requires a radical change in the thinking of both judges and<br />
75
the lawyers. The lawyers try to introduce lengthy system of CPC in the quasijudicial<br />
system of CPA to gain time. <strong>Consumer</strong> courts are supposed to decide the<br />
matter in summary manner as early as possible. Now the adjournments, crossexamination<br />
are being introduced in consumer court which was not contemplated<br />
under CPA. There is need for change in mindset.<br />
The CPA is a benevolent legislation for protection of lay consumers<br />
against mighty and unscrupulous traders. If the matters linger on consumers will<br />
get a feeling that there is no difference between the consumer courts and civil<br />
courts and will stop coming before District <strong>For</strong>ums. This is what is happening due<br />
to the long delays which are taking place. Summary procedure has been<br />
provided and all the powers of District Court and High Court have been<br />
concentrated in SCDRCs and NCDRC for the quick disposal of the cases with an<br />
idea to give quick justice to consumers.<br />
Dr. Vijay Pandharipande, VC, Dr. BAM<br />
U delivering Presidential Address<br />
Dr. Vijay Pandharipande, Vice<br />
Chancellor, Dr. Babasaheb Ambedkar<br />
Marathwada University, Aurangabad<br />
Chaired the Session. In his Presidential<br />
Speech, he opined that a seminar is<br />
meant to be a brainstorming session that<br />
will enlighten the delegates and extract<br />
solutions from them in immediate<br />
problems that are in discussion. The<br />
requirement is for an action plan and<br />
documentation of the proceedings which<br />
can be instrumental in bringing changes at<br />
policy level. Then only it can be said to be fruitful. <strong>Consumer</strong> protection is an<br />
Issue of contemporary relevance for the common man. In every field the<br />
consumer is being cheated. The medicines which are being sold to consumers<br />
cost the manufacture very less. The consumers are being forced to buy such<br />
medicines. The companies are indirectly cheating the consumers. Ads and<br />
packaging are the other aspect on which consumers are cheated. What is use of<br />
having celebrities in ads which results in increase in prices a lot. The cheap items<br />
76
are sold at high price in shopping malls. There is need to deliberate on such<br />
issues seriously and consumers need to be made aware about it.<br />
Dr. B. H. Choudhary, Dean, Faculty<br />
of Law, Dr. BAMU, Aurangabad was the<br />
Guest of Honour. He opined that all the<br />
subjects at the present seminar were very<br />
relevant and merited some serious thought<br />
as it required urgent and immediate<br />
solutions.<br />
Dr. B. H. Choudhary, Dean Faculty of Law,<br />
Dr. BAMU addressing the participants<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
77
74 th OTP for the Presidents and Members of the District <strong>Consumer</strong><br />
<strong>For</strong>ums on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(Sept. 12-16, 2011)<br />
The Seventy-fourth Orientation Training Programme for the Presidents<br />
and Members of the District <strong>Consumer</strong> <strong>For</strong>ums was organised by the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, the Indian Institute of Public Administration, New Delhi from<br />
September 12-16, 2011. The programme was sponsored by the Department of<br />
<strong>Consumer</strong> Affairs, GoI. Twenty five participants from Maharashtra, Goa, Gujarat<br />
and Rajasthan attended the programme. The objective of the programme was to<br />
build the capacity of the Members of the District <strong>For</strong>um to enable the redressal<br />
mechanism to function effectively.<br />
Participants of 74 th Orientation Training Programme<br />
The Course Coordinators Prof. Suresh Misra and Dr. Sapna Chadah<br />
welcomed the participants and briefed them about the programme objectives,<br />
contents and expectations from each participant. The participants while<br />
introducing themselves provided information about their educational qualification,<br />
work experience and the working of the District <strong>Consumer</strong> <strong>For</strong>um. While<br />
highlighting the working of the District <strong>Consumer</strong> <strong>For</strong>ums, the participants gave<br />
an account of the nature of complaints, total number of pending cases, monthly<br />
disposal of cases and the time taken for the disposal of complaints. They also<br />
shared information about availability of infrastructure facilities and working<br />
environment, including facilities available to them. The participants in general<br />
78
highlighted the various problems faced by them in discharging their<br />
responsibilities. The objective of the programme was to enhance the skills of the<br />
participants and also to acquaint them with the latest developments and<br />
judgments in the area of consumer jurisprudence. The participants were briefed<br />
about the activities of the Centre for <strong>Consumer</strong> <strong>Studies</strong> and <strong>II</strong>PA.<br />
The programme was<br />
inaugurated by Shri B.K. Taimni,<br />
<strong>For</strong>mer Member, NCDRC. He said<br />
that working as Member of the<br />
District <strong>For</strong>um is a service to<br />
people. Almighty has given a<br />
chance to serve the people, public<br />
at large who do not have any other<br />
avenue to get relief. The credit for<br />
the conception of this idea of<br />
<strong>Consumer</strong> Rights goes to John F.<br />
Kennedy who introduced the Bill of Rights in U.S. Congress in 1962 having four<br />
<strong>Consumer</strong> Rights viz. right to safety, right to be informed, right to choose and<br />
right to be heard. Four more rights were later added to the list which included<br />
right to satisfaction of basic needs, right to seek redressal, right to consumer<br />
education and right to a healthy environment. Then the U.N. General Assembly in<br />
1985 adopted the U.N. Guidelines on <strong>Consumer</strong> Protection. It was in furtherance<br />
of the U. N. Guidelines on <strong>Consumer</strong> Protection of 1985, that the <strong>Consumer</strong><br />
Protection Act was enacted in 1986. The CPA is a benevolent piece of legislation<br />
meant to protect the consumers against defective goods and deficient services.<br />
The remedy under CPA is in addition to and not in derogation of any other law in<br />
force for time being. Remedy under the Act is available for defective goods and<br />
deficient services. The definition of consumer under the Act is very wide and<br />
every person is a consumer in one form or the other. The Act provides for<br />
speedy, inexpensive and simple remedy. There is no need to engage an<br />
advocate and the consumer can present his case himself. There are no<br />
procedural technicalities involved as the CPC and Evidence Act are not<br />
applicable as these quasi-judicial bodies follow summary procedure. The time<br />
limit has also been fixed for quick disposal of complaints.<br />
Shri B.K. Taimni, <strong>For</strong>mer Member, NCDRC<br />
delivering Inaugural Address<br />
79
He emphasized that as far as possible the legislation should be given a<br />
liberal interpretation in favour of the beneficiary. It is a beneficial legislation, so<br />
every contract between the consumer and the service provider is required to be<br />
given a beneficial interpretation. The provisions are to be given a common sense<br />
interpretation and wide meaning is to be provided. Every law perishes if it does<br />
not evolve so there is a need to give a new direction to the law. He advised the<br />
participants to go through the judgment of Lucknow Development Authority case<br />
and adhere to its objective and philosophy and the principle laid down in the last<br />
paragraph of the judgment to impose penalty on the person who is personally<br />
responsible for it. The title of Act is <strong>Consumer</strong> Protection Act – the word<br />
protection has been defined in L.D.A. V. M.K. Gupta in great detail and has been<br />
emphasized that the law meets the long felt necessity to provide a better<br />
protection to the consumers. It attempts to remove helplessness of the consumer<br />
which he faces against powerful business. The producers have secured power to<br />
rob the rest and papers do not move from one desk to another which has left the<br />
consumer helpless, bewildered and shocked.<br />
It is this group which is harassed, unprotected and helpless which comes<br />
to the <strong>For</strong>um for seeking help and justice. It is our duty that the consumer gets<br />
justice in time bound manner to keep his faith in the system. Empowerment and<br />
good governance are the key words. To protect the consumers from any kind of<br />
harassment it is necessary that they must be educated and made aware about<br />
the Act and redresssal mechanism under the Act. In one of the case a person<br />
owning a bicycle in Ludhiana wanted to park it in cycle stand. There he was<br />
asked for ` 2 instead of ` 1 and was ill-treated by the man there. He filed a<br />
complaint before the District <strong>For</strong>um. The District <strong>For</strong>um dismissed the complaint<br />
on the ground that it is an insignificant matter. The person had a zeal and<br />
conviction towards the system, so he filed an appeal in SCDRC for a matter<br />
which appeared to be insignificant to all though it was his right. The SCDRC<br />
stood up to the expectation and gave 10,000 as relief and said that the cycle<br />
stand should prominently indicate the rates. A revision was filed by the railways<br />
against the decision. The NCDRC decided the matter in the favour of the person.<br />
This decision must have provided a feeling of empowerment to the person who<br />
has taken so much pain to fight for his rights. In another case a reservation of an<br />
old couple was cancelled to accommodate the minister and the couple was given<br />
80
only seating accommodation. The old couple filed a complaint before Chennai<br />
SCDRC where it was held that for minister a bogie can be attached but you<br />
cannot cancel the reservation already made. Such decisions give a feeling of<br />
empowerment and satisfaction to the public that there is somebody to take care<br />
of them. As part of District <strong>For</strong>um we can use it as a platform for empowerment of<br />
the people. Our fair play can also go a long way in ensuring good governance.<br />
Telephone, housing, other public services are the area where transparency and<br />
good governance can be brought in by the judgments of the District <strong>For</strong>ums.<br />
The government is also taking other initiatives to bring openness and<br />
transparency in the system and to make the system more consumer friendly. <strong>For</strong><br />
example Public Service Guarantee Act has been enacted by a number of states<br />
like M.P., Bihar. The services which have been enumerated in the schedule are<br />
to be given in the specified time and if they are not given then high penalty can<br />
be imposed. Such laws if implemented in true spirit can go a long way in bringing<br />
good governance in the system.<br />
The Presidents and Members besides performing their role as part of the<br />
quasi-judicial machinery must also take initiative in spreading awareness and<br />
education among the public. They must sensitize people regarding their rights<br />
and responsibilities and what they can do. There is also need to introduce ethics<br />
and morality in the working of the District <strong>For</strong>ums. He advised the participants<br />
that humanity, integrity, patience, uprightness, purity of body and mind, straight<br />
forwardness are some of the qualities which increase the knowledge (Gyan) and<br />
have to be possessed by all in public services. Equality of others with one self<br />
and desire to bring good of all is what we should try to achieve. If we try to bring<br />
these virtues then it will not only help us perform our duties as members of the<br />
quasi-judicial machinery but help in other aspects of life as well.<br />
He said that we may build any institution but it is not enough unless people<br />
go there with a real motivation to get justice. Lok adalat is also a good idea to<br />
give justice to people if adopted and implemented in letter and spirit. The District<br />
<strong>For</strong>um if adopt the mechanism of Lok adalats and implement it properly then it<br />
can help reduce the pendency.<br />
81
The programme was divided into a number of thematic sessions. In the<br />
introductory session Prof. Suresh Misra illustrated the need and importance of<br />
<strong>Consumer</strong> Protection in the emerging world order. He focused on various<br />
problems being faced by the consumers and illustrated the lack of concern<br />
among the business towards consumer welfare. He also gave a comprehensive<br />
picture of the international dimension of <strong>Consumer</strong> Protection and traced the<br />
growth of consumer movement. He highlighted that it is in the interest of the<br />
business to provide quality products and services to the consumers. Dr. Sapna<br />
Chadah in her presentation analysed the legal history of consumer protection in<br />
India and the rationale for enactment of the <strong>Consumer</strong> Protection Act in 1986.<br />
She gave a bird‘s eye view of the CP Act and its various provisions. Illustrating<br />
her point with a number of examples and judgments of the National Commission<br />
and the Supreme Court Dr. Sapna focused on the outcome in terms of relief to<br />
the consumers and the development of consumer case law. Dr. Mamta Pathania<br />
discussed in detail the ways and means to educate the consumer and enhance<br />
awareness. She also gave an account of the various programmes and policies of<br />
the Department of <strong>Consumer</strong> Affairs to educate the consumers.<br />
Justice J. D. Kapoor, <strong>For</strong>mer President, SCDRC, Delhi<br />
delivering the Address<br />
Interacting with participants on the theme Working of Adjudicatory Bodies:<br />
Procedural Aspects, Justice J. D. Kapoor, <strong>For</strong>mer President, SCDRC, Delhi<br />
elaborated certain administrative and procedural aspects relating to working of<br />
District <strong>For</strong>ums and also clarified a number of legal aspects with the help of case<br />
laws. The other sessions were on Medical Negligence and <strong>Consumer</strong> by Dr.<br />
82
Kiran Gupta, Insurance and <strong>Consumer</strong> by Shri S.M. Tripathi, Defective Goods &<br />
<strong>Consumer</strong> and Banking & <strong>Consumer</strong> by Dr. G.K. Kapoor, and Housing and<br />
<strong>Consumer</strong> by Mr. Rabindra Bana.<br />
The programme was<br />
participatory in nature. The<br />
participants were divided into<br />
various groups to work on case<br />
laws. The objective was to help<br />
the new members to understand<br />
case law and interpret various<br />
provisions in a case law. The<br />
participants presented their<br />
reports and the presidents gave<br />
their comments on the analysis of<br />
case laws followed by discussion. Apart from this the participants were given a<br />
comprehensive input on Judgment Writing and how a good and effective<br />
judgment is to be written. A good judgment should highlight the facts and the<br />
parties should be able to understand the order. The participating members were<br />
given specific cases on which they had to write their judgments. The judgments<br />
were discussed before a panel consisting of the Programme Directors and the<br />
Presidents of the District <strong>For</strong>um.<br />
Participants making presentations during the<br />
session on “Presentation of Case Law”<br />
Justice Ashok Bhan, President, NCDRC interacting with the participants<br />
83
The participants also visited the National Commission and observed the<br />
proceedings of the Commission. They also met Hon‘ble Justice Shri Ashok Bhan,<br />
President, NCDRC and Hon‘ble Justice Shri R.C. Jain, Member, NCDRC. They<br />
inquired about the working conditions at the forums and problems faced by the<br />
Members. They also clarified a number of doubts, relating to honorarium and<br />
legal interpretations of the provisions of the CPA, raised by the participants.<br />
Views/opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
19 5 1 -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
19 6 - -<br />
3. How useful is the training likely to be in future jobs that your may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
19 6 - -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all<br />
12 12 1 -<br />
84
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant<br />
Not at all relevant<br />
18 7 - -<br />
6. To what extent are you satisfied with the following<br />
Satisfie<br />
d fully<br />
Satisfied to<br />
a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 16 7 2 - -<br />
b. Residential<br />
accommodation<br />
c. Food quality and<br />
service<br />
d. Class room<br />
Facilities<br />
e. Interaction with<br />
the Faculty<br />
NC/<br />
NA<br />
10 6 6 - 3<br />
7 9 6 - 3<br />
21 3 - - 1<br />
17 4 1 - 3<br />
f. Recreation Facilities 8 6 4 - 7<br />
85
7. Assessment of Training Faculty/sessions (25 Participants responded)<br />
Sl.<br />
No.<br />
Topic Name of Speaker Assessment<br />
Excellent<br />
Very<br />
Good<br />
Good Fair<br />
NC<br />
1. <strong>Consumer</strong> Protection: An Overview Suresh Misra<br />
Sapna Chadah<br />
2. <strong>Consumer</strong> Protection Act/ Rules Suresh Misra<br />
Sapna Chadah<br />
18 7 - - -<br />
18 7 - - -<br />
3. <strong>Consumer</strong> Education and Awareness Mamta Pathania 10 8 6 1 -<br />
4. Art of Judgment Writing Suresh Misra<br />
Sapna Chadah<br />
16 4 3 - 2<br />
5. Working of Adjudicatory Bodies:<br />
Procedural Aspects<br />
Justice J. D.<br />
Kapoor<br />
20 3 1 1 -<br />
6. Defective Goods and <strong>Consumer</strong> G. K. Kapoor 12 10 2 - 1<br />
7. Banking and <strong>Consumer</strong> G. K. Kapoor 12 10 1 - 2<br />
8. Medical Negligence and <strong>Consumer</strong> Kiran Gupta 8 9 4 - 4<br />
9. Case Law Discussion Suresh Misra<br />
Sapna Chadah<br />
16 4 4 - 1<br />
10. Housing and <strong>Consumer</strong> Ravindra Bana 14 7 3 - 1<br />
11. Visit to NCDRC Suresh Misra<br />
Sapna Chadah<br />
17 6 2 - -<br />
12. Insurance and <strong>Consumer</strong> S. M. Tripathi 14 7 4 - -<br />
13. Case Law Presentation Suresh Misra<br />
Sapna Chadah<br />
14. Presentation of Judgment Suresh Misra<br />
Sapna Chadah<br />
15 8 1 - 1<br />
15 6 3 - 1<br />
86
8. Which parts of the course did you find most helpful<br />
All 7<br />
Housing and <strong>Consumer</strong> 6<br />
Art of Judgment Writing 6<br />
Insurance and consumer 6<br />
Medical Negligence 4<br />
<strong>Consumer</strong> Protection Act/ Rules 3<br />
Case Law Discussion 3<br />
Working of Adjudicatory Bodies 3<br />
Overview of <strong>Consumer</strong> Protection 2<br />
9. Which parts of the course did you find least helpful<br />
None 8<br />
<strong>Consumer</strong> Education and Awareness 2<br />
Case Law Discussion 1<br />
Judgment Writing 1<br />
Medical Negligence 1<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair<br />
5 9 1 -<br />
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
20 5 -<br />
87
Recent trends of the Hon‘ble Supreme Court and National Commission<br />
were highlighted by different speakers in different fields.<br />
Learnt how to appreciate evidence before writing the judgment.<br />
Training was useful in deciding the cases.<br />
Good information on medical negligence was given.<br />
The training will be helpful in day to day functioning and in deciding<br />
cases.<br />
Material supplied on each subject will perhaps improve our working in<br />
quality disposal of cases pending before the forum.<br />
It gave an opportunity to go through the case laws and procedures<br />
relevant and necessary for working of the consumer fora.<br />
It has cleared any doubts about the provisions of the Act.<br />
Relevant consolidated knowledge was given by the speakers through<br />
discussion.<br />
Learnt how to give justice in the consumer fora.<br />
Learnt new approaches to handle relevant matter before us.<br />
12. Any other comments/ observations you wish to make about the<br />
course.<br />
Evaluate the performance of Members and Presidents and send the<br />
same to respective SCDRCs.<br />
Very helpful course.<br />
Time span for the lecturers should be there.<br />
Latest case laws should be provided<br />
Areas like the misuse of CPA should also be introduced.<br />
The training should also be given in Hindi.<br />
The training improved the knowledge in the area.<br />
It was useful.<br />
We would like to place on record that the practice followed in the Indian<br />
Institute of Public Administration is to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
88
This report would be incomplete, if we do not record our appreciation for<br />
the help rendered by the officers and staff of the Administration and Training<br />
Sections of the Institute. Dr. Naresh Kumar (Registrar) and Dr. C. Giri (Deputy<br />
Registrar, Academic Support), and Shri Rajesh Kumar (Training Assistant)<br />
deserve special mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude<br />
to Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance, encouragement and proactive<br />
interest. We are also thankful to our colleagues in the Centre for their<br />
unstinted support and co-operation but for which the programme could not have<br />
been organised in a befitting manner. The credit for success of the programme<br />
goes to the entire team. We are also grateful to the Hon‘ble President and<br />
Members of the National <strong>Consumer</strong> Disputes Redressal Commission for<br />
providing opportunity to the participants to visit the Commission and observe its<br />
proceedings. In this regard efforts and support provided by Shri. H. D. Nautiyal,<br />
Registrar, NCDRC, deserves a special mention and appreciation. The Secretary,<br />
Additional Secretary and Joint-Secretary, Department of <strong>Consumer</strong> Affairs,<br />
Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution, Government of India,<br />
deserve special thanks for sponsoring the programme and reposing confidence<br />
and trust in the Indian Institute of Public Administration, New Delhi.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Course Coordinators<br />
89
Workshop cum Seminar<br />
on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
at<br />
Shaheed Bhagat Singh, New Delhi<br />
(Sept. 23, 2011)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong> (CCS), <strong>II</strong>PA, New Delhi in collaboration<br />
with the Department of Commerce, Shaheed Bhagat Singh College, New Delhi<br />
organized Workshop cum Seminar on “<strong>Consumer</strong> Protection and <strong>Consumer</strong><br />
Welfare‖ on September 23, 2011. The objective of the seminar was to acquaint<br />
the students with the theory and practice of consumer welfare and also generate<br />
awareness among the students regarding their consumer rights. Nearly 100<br />
students and faculty members of the college attended the seminar. Dr. P.D.<br />
Shenoy, <strong>For</strong>mer Secretary, GoI and <strong>For</strong>mer Member, NCDRC, Delhi inaugurated<br />
the programme. Shri Patrick Von Braunmuehl, GIZ and Shri Y. S. Jafa, IPS<br />
(Retd.) and practicing advocate were the key speakers on the occasion.<br />
In his Welcome Address, Prof. G.K. Kapoor, Principal, Shaheed Bhagat<br />
Singh College emphasized on the relevance of <strong>Consumer</strong> Protection in the<br />
present era of liberalization, privatization and globalization. He said that the<br />
empowered and aware consumer is an asset to the country. The students, who<br />
are future of the nation, should be aware about their rights and obligations as a<br />
consumer and also spread awareness among the public.<br />
In his Introductory Remarks Dr. O.M. Aggarwal, Professor, Department of<br />
Commerce and Convener of Seminar said that we all, rich or poor, literate or<br />
illiterate, urban or rural are consumers of goods and services. And in our capacity<br />
as consumers we get cheated and befooled by the unscrupulous and unfair trade<br />
practices by the market forces. In such a scenario it becomes important for all of<br />
us to be aware of our rights as consumers and exert the same wherever required.<br />
Besides this there is need to spread this awareness to all in the society. In this<br />
the students can be an instrument of change and can spread the awareness and<br />
education to the masses. With this objective in mind this workshop cum seminar<br />
has been organized.<br />
90
Dignitaries lighting the lamp<br />
In his Inaugural Address, Dr. Shenoy provided an overview of <strong>Consumer</strong><br />
Protection Act and enlightened the participants on the concept of Medical<br />
Negligence and remedies under CPA. He said that the <strong>Consumer</strong> Protection Act<br />
was enacted in 1986 in furtherance of the U. N. Guidelines on <strong>Consumer</strong><br />
Protection of 1985. The CPA is a benevolent piece of legislation meant to protect<br />
the consumers against defective goods and deficient services. The remedy under<br />
CPA is in addition to and not in derogation of any other law in force for time<br />
being. The definition of consumer under the Act is very wide and every person is<br />
a consumer in one form or the other. The Act provides for speedy, inexpensive<br />
and simple remedy. There is no need to engage an advocate and the consumer<br />
can present his case himself. So whether it is unsolicited telemarketing which is<br />
interfering with your privacy or misleading advertisements on T.V. which are<br />
misleading you, all can be taken care of by <strong>Consumer</strong> Protection Act. Today<br />
there are more than 200 channels including the local language which are giving<br />
all sort of news and views which are false and misleading the public and forcing<br />
them to buy all sort of junk products. Even the gold jewellary which is being sold<br />
by the goldsmith is not pure and the buyers are being deceived.<br />
91
Dr. P.D. Shenoy, <strong>For</strong>mer Member, NCDRC, Delhi delivering the<br />
Inaugural Address<br />
In the service sector all the services are covered under the Act. Education<br />
is one such service which falls within the ambit of the Act. The students can<br />
agitate the matter for any deficiency in service on the part of the university before<br />
the forum. The services by the doctor and hospitals also fall under the purview of<br />
the CPA. The principal objective of the medical profession is to render services to<br />
humanity with full respect for human dignity. However, today the principle is that<br />
the God heals and doctor takes fees. As per JAMA estimates, in U.S. an<br />
estimated one million people suffer from medical error as compared only ½<br />
million from motor vehicle accidents. He said that one of the first duty of the<br />
doctor as per Sir William Osler is to educate the masses not to take medicines,<br />
but now the physicians are doing just the opposite. A problem which requires<br />
simple gargling a doctor prescribes antibiotics. Sometimes it becomes difficult to<br />
get appointment with government doctor and he just devotes few seconds to<br />
examine and prescribe medicine to the patient.<br />
Though there is an Act to prevent female feticide still million of unborn<br />
children are killed every year and sex ratio is deteriorating. In one of the<br />
incidence several infants in government hospital died because of the killer I.V.<br />
Drip was given to them. As per WHO report less than 60 seconds are devoted by<br />
the doctor on each patient. The prescription written by the doctor can only be<br />
92
ead by the doctor or God. There are all sorts of malpractices which are prevalent<br />
in the profession like in Kerala 21 cesareans were performed in two days merely<br />
because the doctors and nurses wanted to enjoy the holidays falling on<br />
subsequent days.<br />
The medical profession is said to be most noble profession. There was a<br />
time where the patient had trust on family doctor and never questioned his<br />
prescription. But now as soon as patient enters the clinic all sort of tests are<br />
prescribed without applying mind. It has become a pure commerce. However<br />
every medical error cannot be termed as medical negligence; it needs to be<br />
proved. A reasonable doctor is supposed to prescribe reasonable treatment as is<br />
given by the ordinary competent man of his profession. If two treatments are<br />
recognized and one is applied it is not medical negligence. Medical profession is<br />
a service under <strong>Consumer</strong> Protection Act though not specifically mentioned<br />
under the Act. In Indian Medical Association vs V.P. Shantha, the Supreme Court<br />
has clearly held that patient as well as his wards are also consumers under<br />
<strong>Consumer</strong> Protection Act. In Jacob Mathews case a distinction was made among<br />
criminal medical negligence, civil negligence and medical negligence under<br />
<strong>Consumer</strong> Protection Act. Bolam test which is applied by all the courts in India<br />
requires reasonable degree of skill and knowledge.<br />
He explained the concept of medical negligence with the help of a number<br />
of decided cases. He said that the National Commission has held in Shivprakash<br />
case that it is mandatory for the hospital that records should be given to the<br />
patient within 72 hrs. In Ramdev Prasad case the patient had fused fingers of<br />
hand and feet. The doctor did excellent job and separated all the fingers of hand<br />
and feet except two, it was held that there is no negligence. Similarly where by<br />
chance tubectomy operation failed there was no medical negligence; however,<br />
the hospital was directed to do MTP and other treatment free of cost. Where the<br />
gauze was left inside the nasal cavity during the operation which started smelling<br />
or where allopathic treatment is given by Homeopathic doctor are clear cut cases<br />
of medical negligence and the patient need not prove anything. The doctor is<br />
supposed to take the informed consent of the patient before he starts the<br />
treatment and in case the consent of the patient is not taken it amounts to<br />
deficiency in service.<br />
93
To file a complaint under the CPA the consumer may suffer actual or<br />
future loss. In case of any physical harm or mental agony he can file a complaint<br />
under the Act and ask for compensation. The consumer should know what his<br />
rights are and what remedies are made available to him under the <strong>Consumer</strong><br />
Protection Act in case of deficiency in service or defect in goods. The complaint<br />
can even be filed by a voluntary consumer organization or government on behalf<br />
of the consumer.<br />
Shri Patrick Von<br />
Braunmuehl, GIZ addressed the<br />
participants on ‗Sustainable<br />
Consumption-Role of <strong>Consumer</strong>s<br />
in Environment and Climate<br />
Protection‘. He said that in next<br />
30 years people living in urban<br />
areas will double putting<br />
extraordinary pressure on the<br />
resources for more housing, food,<br />
water and transport. 80% of our<br />
energy supply at present is by renewable / natural resources. One of the major<br />
global challenges today is: If people continue to use the same amount of energy<br />
as they do we would need four earth like planets to provide the natural resources<br />
needed for this by the year 2050. The decisive question today is how can our<br />
economies continue to grow and we continue to improve our livelihood on equal<br />
footing without destroying mother earth. The only solution lies in changing our<br />
consumption patterns in such a manner that we fulfil our needs without<br />
jeopardising the future of the coming generations. As the environment protection<br />
also means protection of citizen and consumers.<br />
Shri Patrick Von Braunmuehl, GIZ addressing<br />
the participants<br />
94
Participants in the Workshop<br />
He said that India has also become a major polluting country. It has 350<br />
million population in cities today which is likely to grow to 915 million by 2050.<br />
India has become 3 rd largest CO 2 emitter after US and China. Rich upper middle<br />
class and middle class which are expanding are responsible for this. When we<br />
talk about sustainable consumption question arises, can we continue with such<br />
expansion in consumption patterns. India has over 1 billion consumers who are<br />
heterogeneous group as regards income, literacy, living standards, urban and<br />
rural divide. However, the overall awareness regarding the impact of their<br />
consumption and environmental concern is low. Only 12% considered the<br />
environment impacts of the products before purchase. 89% said that they are<br />
interested in purchasing sustainable products. 40% are ready to pay upto 10<br />
percent more for sustainable products. In west which is basically responsible for<br />
CO 2 emission, people are now more aware about sustainable consumption. The<br />
sale of green products has arisen many folds. There is new trend for green<br />
economy.<br />
To bring sustainable consumption at the individual level there is need to<br />
bring a change in consumption behavior like change in food habit -shifting to<br />
vegetarian diet, investing in long term products which will last longer, investing in<br />
star rating products, switch off the appliances when not in use to reduce the<br />
energy consumption, reducing and recycling the waste. <strong>For</strong> this there is need to<br />
95
educate consumers on certain practical aspects like: how to buy; how to<br />
consume; how to live in harmony with the environment; how to have a sutainable<br />
lifestyle; how to sustain resources; and how to protect environment. <strong>For</strong><br />
sustainable consumption there is need to raise awareness and educate<br />
consumers, inform them about sustainable products, improve sustainable<br />
products and eradicate unsustainable products. To reduce unsustainable<br />
behaviour there is also need to introduce more sustainable products in market<br />
like products with ecomarks etc. Imposing taxes and introducing incentives can<br />
also help to change behavior of both the business and consumers.<br />
Shri Y.S. Jafa, (IPS Retd.)<br />
and <strong>Consumer</strong> Activist was the<br />
other resource person in the<br />
seminar who made a brief<br />
presentation on ‗<strong>Consumer</strong><br />
Protection in India‘. He said that we<br />
all are silent sufferers. In a country<br />
of one billion people hardly 1%<br />
agitate and only 40% get relief<br />
because of the delay caused. Now<br />
a days there are problems faced by<br />
consumers with almost every purchase they make. The vegetables are injected<br />
with dye, the sweets are adulterated. Goods which we use are fake or<br />
adulterated. In such a scenario there is need to provide adequate protection to<br />
the consumers and also to educate them about these remedies. He was of the<br />
view that with various redressal mechanisms now available in India, they are<br />
slowly becoming consumer friendly, but a lot still needs to be achieved. He dealt<br />
with the provisions of the CPA in detail, explaining the intricacies of the Act. He<br />
explained all this with the help of the decided case laws. He explained the<br />
procedure to be followed in filing a complaint in the consumer forum. He<br />
explained the three tier structure which is established under the <strong>Consumer</strong><br />
Protection Act and the territorial and pecuniary jurisdiction of the consumer<br />
forums/ commission. He said that the <strong>Consumer</strong> Protection Act is a very simple<br />
Act and the procedure to be followed is also simple, less time consuming, and<br />
free from procedural intricacies. He provided some tips to the students by which<br />
96<br />
Shri Y.S. Jafa, (IPA Retd.) delivering a<br />
brief presentation
they could prevent from being exploited. These included: get a receipt, find out<br />
about the warranty and other particulars, preserve all relevant documents for<br />
proof, and always write letters to the company regarding your complaint through<br />
Regd. AD or speed post atleast twice at regular interval. He also elaborated the<br />
procedure laid down in the Act and Rules for filing complaints and what<br />
precautions to be taken.<br />
Participants in the Workshop<br />
Through illustrations he compared the concept of business ethic in India<br />
and the western countries and highlighted the areas where the market also needs<br />
to become more consumer friendly. He explained the changing attitude of the<br />
service providers through certain illustrations. He also discussed certain<br />
problems being faced by the quasi-judicial machinery which is making it difficult<br />
for the consumers to get relief. He also illustrated the problems faced by the<br />
consumer through the complaints failed by him. He advised the participants to<br />
read the CPA and start agitating the matter. Keep the receipt carefully. Always<br />
send your complaint to the trader in writing instead of talking over the phone. You<br />
can send the letter and e-mail. He explained the limitation jurisdiction and other<br />
pitfalls under CPA which must be kept in mind by the consumer. It is a beautiful<br />
piece of legislator but implementation is poor. He explained the procedure to be<br />
followed by the complainant. The Act provides that 3-5 months is the time within<br />
which the case should be decided. However some of the cases are not even<br />
listed for hearing in three months. The Act is very good but there are other<br />
97
problems Presidents and Members are not properly trained, the records are not<br />
managed properly. However, the good thing is that the law is developing and the<br />
courts have started adjudicating. The law is being clarified. The market is still a<br />
seller‘s market. The consumer still has a weapon which can always be used.<br />
The seminar also included paper presentations on various aspects of<br />
consumer protection by students as well. The students made presentations on<br />
topics like <strong>Consumer</strong> Protection Act-A New Beginning; the Redressal System<br />
under CPA; international <strong>Consumer</strong> Movements. The seminar was very<br />
interactive and in the question answer session the students raised a number of<br />
questions which was clarified by the speakers. The seminar concluded with a<br />
vote of thanks by the faculty member of the Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA.<br />
(Sapna Chadah)<br />
Workshop Coordinator<br />
98
<strong>Consumer</strong> Protection Act Silver Jubilee Celebration Two Day<br />
Workshop on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(September 30- October 1, 2011)<br />
A <strong>Consumer</strong> Protection Act Silver Jubilee Celebration Two Day Workshop on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was organized by the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public Administration, New Delhi in<br />
collaboration with <strong>II</strong>PA Puducherry Branch from September 30-October 1, 2011. The<br />
Department of <strong>Consumer</strong> Affairs, Government of India, sponsored the programme.<br />
65 participants attended the programme.<br />
The objectives of the training programme were to:<br />
<br />
enhance the knowledge and skill of the participants in the area of<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare;<br />
<br />
<br />
<br />
<br />
understand the need and importance of <strong>Consumer</strong> Protection and Welfare<br />
and the role of various stakeholders;<br />
explain the various provisions of the <strong>Consumer</strong> Protection Act and other<br />
legislations having a bearing on <strong>Consumer</strong> Protection;<br />
discuss the legal dimensions of <strong>Consumer</strong> Protection in different service<br />
sectors such as medical, banking, insurance, etc<br />
enhance knowledge and skill to provide consumers with information<br />
related to products and services<br />
Dr. R.R Dhanpall delivering the Welcome Address<br />
The Programme commenced<br />
with a Welcome Address by Dr.<br />
R.R Dhanpall, Chairman, <strong>II</strong>PA<br />
Puducherry Branch. He briefed<br />
the participants about the<br />
objectives of the programme and<br />
the topics to be covered. Shri<br />
Ashok, Vice Chairman, <strong>II</strong>PA<br />
Puducherry Branch welcomed<br />
the guest with flowers.<br />
99
Dr. S. Kanagasabai, Director,<br />
Planning and Research,<br />
Government of Puducherry while<br />
delivering the Special Address said<br />
that <strong>Consumer</strong> Protection is an area<br />
of immense importance. Everybody<br />
is a consumer in one or the other<br />
way and as a lot of adulteration is<br />
taking place in products these days<br />
therefore there is a need to look after<br />
these aspects .Talking about the<br />
Dr. S. Kanagasabai delivering the Special Address<br />
consumer awareness he said that the Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA is doing<br />
a commendable job by taking the consumer issues in toto and making the<br />
consumers all over India aware of the C.P Act and also about the consumer<br />
rights.<br />
Thiru P. Mathew Samuel,<br />
Special Secretary, Civil Supplies<br />
and <strong>Consumer</strong> Affairs,<br />
Government of Puducherry in his<br />
Inaugural Address said that today<br />
with the advent of liberalization<br />
things have changed. Due to lack<br />
of activism in this area today we<br />
are confronted with numerous<br />
problems such as deficiency in<br />
services, adulterated and spurious<br />
Thiru P. Mathew Samuel, Special Secretary, Civil Supplies<br />
and <strong>Consumer</strong> Affairs, Govt. of Puducherry delivering the<br />
Inaugural Address<br />
products which are further leading to health hazards. He stressed that due to<br />
various marketing gimmicks the problems are rising in number as nowadays the<br />
problems and deficiencies come in good and attractive packages and therefore<br />
consumer protection has become more important in the present scenario.<br />
100
Prof. Suresh Misra, Chair<br />
Professor, CCS, <strong>II</strong>PA while<br />
addressing the participants said<br />
that to make people aware of the<br />
consumer rights, the redressal<br />
machinery, and also to provide<br />
better services there is a need to<br />
develop confidence among<br />
consumers, making them self<br />
reliant by providing them<br />
information regarding <strong>Consumer</strong><br />
Protection Act and rights.<br />
Prof. Suresh Misra addressing the participants<br />
Prof. Suresh Misra delivering a lecture in the First<br />
Thematic Session<br />
The Programme was<br />
divided into a number of<br />
thematic sessions; <strong>Consumer</strong><br />
Protection: An Overview by Prof.<br />
Suresh Misra provided an<br />
overview of the law and policy<br />
framework for <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong><br />
Welfare in India while <strong>Consumer</strong><br />
Protection Act/Rules gave a<br />
comprehensive picture of various<br />
consumer laws and particularly the <strong>Consumer</strong> Protection Act. A session on<br />
<strong>Consumer</strong> Education and Awareness highlighting the various schemes and<br />
programmes of the Department of <strong>Consumer</strong> Affairs aimed at generating<br />
awareness was covered by Dr. Mamta Pathania.<br />
Other themes covered were <strong>Consumer</strong> Grievance Redressal: Working<br />
of <strong>Consumer</strong> <strong>For</strong>ums by Shri A. Asokan, Medical negligence and <strong>Consumer</strong><br />
by Dr. G. Vedanthadesikan, Insurance and <strong>Consumer</strong> by Shri R. Balaji,<br />
Electricity and <strong>Consumer</strong> by Dr. G. Vedanthadesikan and Shri Ravi, Banking<br />
and <strong>Consumer</strong> by Shri R. Balaji .The main thrust of the programme was to<br />
acquaint the participants with the kind of problems that are faced by the<br />
101
consumers in various service sectors and the process of redressal of their<br />
complaints.<br />
On the concluding day,<br />
Shri V. Narayanaswamy,<br />
Hon‘ble Minister of State, P M<br />
Office & Personnel, Public<br />
Grievance & Pensioner‘s<br />
Welfare, GOI graced the<br />
valedictory session with his<br />
presence. In his Valedictory<br />
Address he congratulated <strong>II</strong>PA<br />
for the initiatives with regard to<br />
carrying the consumer<br />
Shri V. Narayanaswamy, Hon’ble Minister of State, PM<br />
Office & Personnel, Public Grievance & Pensioner’s<br />
Welfare, GoI delivering the Valedictory Address<br />
movement forward by the Centre for <strong>Consumer</strong> <strong>Studies</strong> under the able<br />
leadership of Prof. Suresh Misra. Describing the origin of <strong>II</strong>PA, the Minister<br />
highlighted the importance of <strong>II</strong>PA as a pioneering institution in the field of<br />
training and action research. Talking about the importance of C P Act, he said<br />
that the aspirations of the people have changed with the changing economy<br />
due to competition and therefore choices to consumers are numerous, be it be<br />
products or services. But due to this variety and choice the consumers are on<br />
the other hand being exploited by the shopkeepers due to ignorance and lack<br />
of practical implementation of the laws and policies. He stressed that there is<br />
a need to revisit the Act as the present system is not able to lessen the gap<br />
between the theoretical and practical application of the C P Act. He further<br />
added that RTI can be an architect to create awareness with regard to<br />
<strong>Consumer</strong> Protection. He said that the C P Act needs to be improved as the<br />
present rate of awareness in different states is not sufficient. Fine tuning of the<br />
Act is what is required to make the consumer movement reach the masses.<br />
102
Shri<br />
Narayanaswamy<br />
also answered to many of the<br />
questions addressed to him in<br />
the session by the participants<br />
on different aspects of<br />
consumer Protection and<br />
related issues. The certificates<br />
were distributed by the<br />
Minister to the participants in<br />
the end of the session followed<br />
Shri Narayanaswamy answering to the<br />
questions of the participants<br />
by a formal vote of thanks by the Shri R. Narasimmamurthy, Treasurer, <strong>II</strong>PA<br />
Pudducherry Branch. The programme was appreciated by the participants,<br />
who were of the view that such programme are useful and should be held at<br />
regular intervals.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Course Coordinators<br />
103
The Inter School Competition on <strong>Consumer</strong> Awareness<br />
(19 October, 2011)<br />
An Inter School Competition on <strong>Consumer</strong> Awareness was organised by<br />
the Centre for <strong>Consumer</strong> <strong>Studies</strong>, the Indian Institute of Public Administration,<br />
New Delhi in collaboration with the Gen X <strong>Consumer</strong> Club of the Air <strong>For</strong>ce<br />
School, Subroto Park, New Delhi on 19 th Oct 2011. The Department of<br />
<strong>Consumer</strong> Affair, Government of India, sponsored the competition. 13 leading<br />
Schools from Delhi participated in the competition. The competition included<br />
three events -Poster Making Competition, Group Song Competition on <strong>Consumer</strong><br />
Awareness and Power Point Presentation.<br />
Chief Guest Dr. P. D Shenoy lighting the lamp<br />
The objective of the competition was to create awareness among the<br />
students in the areas of consumer rights, duties & responsibilities of consumers<br />
and role of individuals as consumers in the society. It was an effort to make<br />
students understand the role & importance of <strong>Consumer</strong> Protection.<br />
The Poster Making Competition was organized for two levels of students<br />
i.e. Group A – Junior level (classes V<strong>II</strong>, V<strong>II</strong>I, IX) and Group B- Senior level<br />
(classes X, XI, X<strong>II</strong>). The themes assigned to the groups were – Group A (Junior<br />
level) – Safe Drugs and Group B (Senior Level) – Energy Conservation. The time<br />
duration for the competition was one hour and one participant from each group<br />
104
had to make a poster with an appropriate slogan. Similarly the time duration for<br />
the group song Competition was 15 minutes and similarly for PowerPoint<br />
Presentation Competition also it was 15 minutes<br />
The programme started with a floral welcome of the Chief Guest and the<br />
judges followed by lighting of the lamp. The chief guest for the function was Dr. P<br />
D Shenoy, <strong>For</strong>mer Labour Secretary GOI and member of NCDRC. The other<br />
dignitaries who graced the occasion were Prof. Suresh Misra, Chair Professor<br />
and Coordinator, Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, Prof. V K Sharma,<br />
Professor Disaster Management, <strong>II</strong>PA, Dr Mamta Pathania, Assistant Professor,<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, Dr Jayshree Pillai, Associate Professor,<br />
Deptt of Political Science, Miranda House, Dr Sheetal Kapoor, Associate<br />
Professor & Convenor of <strong>Consumer</strong> Club, Kamla Nehru College, Mrs Sarita<br />
Gupta and Ms Priyanka Misra.<br />
Mrs. Deepika Thapar Singh, Principal TAFS delivering the Welcome Address<br />
Ms. Deepika Thapar Singh, Principal TAFS gave the Welcome Address<br />
and thanked <strong>II</strong>PA for trusting and believing in TAFS.<br />
105
Dr. P D Shenoy delivering the Inaugural Address<br />
Dr. P D Shenoy in his inaugural address highlighted the importance of<br />
<strong>Consumer</strong> Protection in day to day life. Stressing on the importance of consumer<br />
rights he emphasized that consumers should not only focus on their rights but<br />
also try and think about consumer responsibilities which are equally important.<br />
He said that information enhances our awareness and knowledge of our rights<br />
and responsibilities. Armed with information, consumers can make good choices<br />
and wise decisions. He highlighted that consumer safety is another aspect which<br />
needs to be given due attention and especially children should take due care of<br />
safety instructions on products while purchasing and using products. One should<br />
not fall victim of the false claims made by certain advertisements which target<br />
young children and thus lure them to buy different products. He also emphasised<br />
on conservation of energy.<br />
Participants in the Poster Making Competition<br />
106
Judges for the Competitions<br />
The results of the competition were declared by Dr Mamta Pathania,<br />
Assistant Professor, <strong>II</strong>PA and the prizes were given away by Prof. Suresh Misra,<br />
Chair Professor and Coordinator, CCS, <strong>II</strong>PA.<br />
Prof. Suresh Misra giving the Running Trophy to the winners-<br />
Birla Vidya Niketan School, Saket<br />
The prizes and certificates were given to 3 students from Group A and 3<br />
from Group B. However certificates were awarded to all the participants. Three<br />
prizes each were awarded to the students in the Group Song and Power point<br />
competitions also. The Overall Trophy for the event was won by Birla Vidya<br />
Niketan School, Saket .One poster was chosen for getting it published it as a<br />
New Year Card by the Centre for <strong>Consumer</strong> studies (Annex-I).<br />
107
Participants in the Group Song and PPT Competition<br />
Out of the total posters some posters were selected by the Centre for<br />
<strong>Consumer</strong> studies for getting them published with the students name & school for<br />
the next year‘s calendar. (Annex. -<strong>II</strong>) The programme ended with a Vote of<br />
thanks by, Mrs Kanta Panwar , Vice Principal ,The Air <strong>For</strong>ce School, Subroto<br />
Park, New Delhi.<br />
The report would be incomplete, if we do not record our appreciation to<br />
Mrs. Deepika Thapar Singh, Principal, The Air <strong>For</strong>ce School, Subroto Park for her<br />
support and cooperation in conducting the programme. Mrs. Lomina Rajiv, Mrs.<br />
Debolina Mukherjee and other staff members of the school deserve special<br />
mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude to<br />
Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance, encouragement and pro-active<br />
interest. The Secretary, Additional Secretary and Joint Secretary, Department of<br />
<strong>Consumer</strong> Affairs, Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution,<br />
Government of India, deserve special thanks for sponsoring the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong> and reposing confidence and trust in the Indian Institute of<br />
Public Administration, New Delhi.<br />
(Mamta Pathania)<br />
Course Coordinator<br />
108
National Seminar<br />
on<br />
Globalisation, Market and <strong>Consumer</strong> Protection<br />
at<br />
Department of Political Science,<br />
Kumaun University, Nainital<br />
(November 1-2, 2011)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA organized two day National<br />
Seminar on ―Globalisation, Market and <strong>Consumer</strong> Protection‖ on November<br />
1-2, 2011 in collaboration with Department of Political Science, Kumaun<br />
University, Nainital. Around 100 participants participated in the seminar which<br />
included academicians from various universities in India, researches, members<br />
from civil society organizations and students. In the seminar around 35 papers<br />
were presented on the impact of globalisation on consumerism and need for<br />
protection.<br />
Lighting of Ceremonial Lamp by the dignitaries<br />
109
The seminar began with<br />
the Welcome Address by Prof.<br />
Madhurendra Kumar, Professor,<br />
Department of Political Science<br />
and Convener of Seminar.<br />
He<br />
welcomed all the dignitaries and<br />
other participants. He said that<br />
the Department of Political<br />
Science has always taken a lead<br />
in organising seminars on<br />
contemporary issues of this type.<br />
Globalization no doubt has opened new channels for consumers. It has made<br />
variety of goods and services available to the consumers however, it has<br />
increased the chances of the consumers being cheated because of information<br />
asymmetries that usually exist with buyers being at the mercy of much better<br />
informed sellers and so arises a need to protect consumers. It is time to<br />
overcome this problem through education, legislation and the creation of<br />
appropriate institutional mechanism. While globalisation may have created<br />
problems, it provides an opportunity to solve some consumer problems. The<br />
deliberations at the seminar will no doubt provide ideas and mechanisms to deal<br />
with the emerging problems.<br />
Prof. Madhurendra Kumar, Professor,<br />
Department of Political Science delivering the<br />
Welcome Address<br />
Prof. Suresh Misra, Chair-professor and<br />
Coordinator, CCS, <strong>II</strong>PA addressing the participants<br />
Prof. Suresh Misra,<br />
Chair Professor and<br />
Coordinator, Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA in his<br />
address extended a warm<br />
welcome to all he said that in<br />
this silver jubilee year of<br />
enactment of the <strong>Consumer</strong><br />
Protection Act we are<br />
organising a series of<br />
programmes on a number of<br />
issues of seminal importance<br />
110
elated to consumer protection to generate awareness among consumers about<br />
their consumer rights. One of the objectives of this seminar is also to integrate<br />
university/ colleges in consumer movement. The idea is to provide a platform to<br />
various people from disciples to carry such activities. The Centre for <strong>Consumer</strong><br />
<strong>Studies</strong> was established in 2007 with aim to generate consumer awareness. We<br />
organise training programme, seminars, conference and also conduct research.<br />
We also hold workshops for faculty members in Research Methodology and<br />
<strong>Consumer</strong> Protection. The idea is to involve teachers and students in the<br />
consumer movement as they can be instrumental in taking the message to the<br />
society.<br />
Though the consumer movement is very old in the country but it has not<br />
taken up in the way it should have been. There is need to take the movement<br />
forward especially in the era of globalisation when the consumers are bombarded<br />
with all sort of goods and services about the quality of which the consumer has<br />
no surety. At present we had left it on the government. and NGOs to take the<br />
whole responsibility. But the consumer movement will not become effective<br />
unless the consumers join the movement. Our objective is to integrate teachers,<br />
students in the movement to make it more effective.<br />
Address by Prof. B.R. Kaushal, Director, DSB<br />
Prof. B.R. Kaushal,<br />
Director, DSB Campus in his<br />
address said that free flow of<br />
goods has influenced the life of<br />
all of us irrespective of region<br />
and country. Economic factor<br />
now governs the international<br />
relation and market forces are<br />
influencing consumer. This no<br />
doubt has enhanced competition<br />
and has stimulated<br />
innovativeness,<br />
quality<br />
improvements, and cost effectiveness. However, this free market is associated<br />
with both advantages and disadvantages. Most free market products and<br />
services have relatively short life cycles as they become obsolete very soon<br />
111
either technologically or psychologically. Now most of the consumer decisions<br />
are influenced by advertisements leading to a major impact on purchase<br />
decision. All sort of wrong information is being passed on to the consumers<br />
through advertising. <strong>Consumer</strong> is in state of dilemma. How to address these<br />
issues that pinch consumers is the major problem in this era of globalisation.<br />
Functionaries have to ensure that consumers‘ interests are protected. And still<br />
pertinent is the question as to how to protect the interest of poorer and vulnerable<br />
sections of society. Some meaningful suggestions will definitely emerge from the<br />
deliberations in designing the two days throwing some light on important issues in<br />
the globalised markets.<br />
Prof. Sanjeev Kumar Sharma, Professor, Department of Political Science,<br />
CCS University and General Secretary, IPSA was the Guest of Honour on the<br />
occasion. In his address he said that the evolution of state has been for overall<br />
development of individual which also relates to personal rights. That‘s why it is<br />
very important concentrate on individual‘s development instead of laws and<br />
institutions. In the move of individual becoming a consumer rather than a citizen<br />
he has forgotten his duties toward state and his rights have become more<br />
important. He is concentrating merely on his rights as consumers. In this scenario<br />
the individual has high expectations from the state. It is expected that the state<br />
will protect the individual from any kind of injustice done by the market forces.<br />
Today besides concentrating on institutional and legal development, there is also<br />
need to concentrate on individual development, for development of a good<br />
citizen.<br />
Prof. R. R. Jha, Director,<br />
Canadian <strong>Studies</strong> Development<br />
Programme, BHU, Varanasi in his<br />
address said that it is sad that<br />
universities have not taken much<br />
interest in the issues of social<br />
concern and have forgotten that<br />
university can play a very<br />
important role in nation building.<br />
Now government has realised this<br />
Prof. R. R. Jha, Director, Canadian <strong>Studies</strong><br />
Development Programme, BHU speaking on<br />
the occasion<br />
112
and has started integrating universities in many socio-economic issues. This is<br />
very important if India has to emerge as a strong nation in the global front. The<br />
students are required to rope in important issues like consumer protection and<br />
this has to start from the school level. Marx has long back said that change in<br />
technology has led to changes in society. The emergence of information<br />
technology has brought in globalisation of economy and emergence of global<br />
markets. Today the emphasis is on market. The question is: what the end product<br />
of globalisation is Even in this globalised world the gap between rich and poor is<br />
increasing. Does that not necessitate that we think about globalisation seriously.<br />
We have to regulate market and the state has to play interventionist role. We<br />
need to examine whether the borders have really vanished. What changes have<br />
occurred, how markets really function Are consumers really protected in the<br />
market place; If not what remedies they have. The affect of globalisation has to<br />
be seen both in developed and developing countries. How privatisation is<br />
functioning; is it effective These issues need to be deliberated upon in the two<br />
day seminar for better protection of consumer rights.<br />
Prof. Girijesh Pant, Vice-<br />
Chancellor, Doon University in his<br />
Inaugural Address said that the<br />
relationship between globalisation,<br />
market and consumer protection is<br />
of strenuous kind. Globalisation is<br />
market driven phenomenon. Prime<br />
mover in capitalism is profit. It is to<br />
enhance the rate of profit,<br />
essentially to enhance and<br />
maximise the profit. The main<br />
Prof. Girijesh Pant, Vice-Chancellor, Doon<br />
University delivering the Inaugural Address<br />
motive of development of Information Communication Technology is also to<br />
enhance profit. This phenomenon is gradually moving beyond the national<br />
boundaries. This is what we are visualising today in our country as well. Today<br />
the development of markets is taking place globally. You will find that even the<br />
developed markets are undergoing a change. Now the concerns for such markets<br />
are also global markets. We call India an agrarian economy but the truth is that<br />
maximum people depend on service sector. 8 to 9% growth comes from the<br />
113
service sector. ADB report tells that by 2050 more than 50%of GDP will come<br />
from Asian countries. The report also states that even Chinese economy growth<br />
rate too depends on South Asian countries. As we are in a very interesting time<br />
many assumptions on which we were building state and markets are undergoing<br />
change. On one hand we are seeing polarisation and shrinking of national<br />
economies and people are getting excluded from market. Second the growth is<br />
dispersed which was confined earlier to western countries in light of maximisation<br />
of profit. The new growth which has emerged in developing markets has created<br />
new emerging middle class. It is very well defined by market forces. Much of our<br />
consumer behaviour is now influenced by what is happening on global market.<br />
Participants during one of the sessions<br />
The Indian market is undergoing a very radical change. The globalisation<br />
on one side empowers consumers and on the other side disempowers with the<br />
information it gives. The internet gives you a new space and all sort of<br />
information which empowers the consumer to make better choices and on the<br />
other hand Tsunami of information puts you in lot of confusion. He is confused as<br />
how to make choices. This is a paradox of globalisation. Since the scale of<br />
market has increased tremendously 1/15 th of total population is middle class it is<br />
going to become 30% in times to come. Our taste and preferences are now<br />
driven by something coming from outside. A significant part of our consumption<br />
today is what was once part of western society and is coming from western<br />
markets. As markets are getting integrated into the global market, the products<br />
from all over the globe are becoming part of this market.<br />
114
Participants of the National Seminar<br />
Dynamic changes are being witnessed in the market. In the absence of<br />
strong state a number of malpractices are coming into the market. Ethics are<br />
being ignored by markets. When states within the global market are loosing their<br />
power then the challenge is how to control the markets. Technology for the first<br />
time has given tremendous power. There is need to link consumer movement<br />
with technology as the consumer is passive participant and not so powerful to<br />
bargain in the market. By linking the consumer movement with technology the<br />
consumers can be given a lot of information which he does not have at present.<br />
The market forces are using this technology through advertisements and are<br />
trying to influence our consumption patterns. Markets are very powerful and the<br />
state weak in globalisation. The only way to protect ourselves is through our own<br />
initiatives. The state is becoming more of a facilitator and consumers themselves<br />
should take initiative in this movement. Empowering the consumer means<br />
empowering ourselves. The consumers have to be a stakeholder in defining<br />
business ethics. The students look forward to their teachers for their behaviour.<br />
There is need for the teachers also to bring change in their behaviour as it would<br />
send a positive message to the students. The teachers should join in the<br />
consumer movement which will motivate even the students to participate in it.<br />
The teachers and students can definitely play an important role in fighting against<br />
the evils of market.<br />
115
In her Presidential Remarks Prof. Lata Joshi, Officiating Vice Chancellor,<br />
Kumaun University said that consumer protection has become an important and<br />
relevant topic in this globalised world where the markets have become much<br />
more powerful. Science and technology has made the world a global village. Now<br />
things manufactured in one country can be sold and bought in any country across<br />
the world through the internet. Thereby marking a variety of goods and services<br />
available to the consumers; but it needs to be seen at what cost. We need to<br />
introspect where we stand today and in which direction we have to move from<br />
here. We in India have escaped ill - consequences of over consumption and<br />
luxury life style till today as we believe in saving for the future. Mahatma Gandhi<br />
has once said that ―the earth has enough for everyone‘s need but not for greed‖.<br />
We in India have taken the advantage of outsourcing in many sectors which has<br />
benefitted even consumers. However globalisation is socio – political issue which<br />
needs to be properly regulated by all countries rich or poor. Besides regulation by<br />
the government there is also need to inform and educate consumers. The<br />
government should take proper initiatives to regulate issues like misleading<br />
advertisements which is becoming a menace for consumers in this globalised<br />
world. I hope that this seminar will be a step to inform all about their rights and<br />
responsibilities as consumers and will achieve the desired purpose.<br />
One of the participants presenting the paper<br />
The seminar was divided into four technical session which in around 35<br />
papers were presented by various academicians, researchers, and students from<br />
various universities across the country. The sessions were interactive and<br />
followed by questions from participants and discussions.<br />
116
Third technical session chaired by Prof. V.K. Roy, Allahabad<br />
University and Dr. Ripusudan Singh, BBAU, Lucknow<br />
The Valedictory Session, the concluding session of the two day seminar<br />
began with presentation of a brief report by Prof. Madhurendra Kumar, Professor,<br />
Department of Political Science and Convener of Seminar of the seminar. He<br />
said that around 30-35 papers were presented on difference aspect of<br />
globalisation, market and consumer protection in the two day seminar. This<br />
seminar was one of the landmarks in the series of programme held on the silver<br />
jubilee year of enactment of <strong>Consumer</strong> Protection Act. It was an attempt to<br />
educate and make consumers aware of their rights and remedies available to<br />
them. The students through this seminar have been introduced to a new area<br />
about which they were not aware and will be definitely going back with a strong<br />
orientation on the issue. It is more important to proliferate the message in the<br />
wider interest of the society.<br />
Prof. Suresh Misra, Chair Professor and Coordinator, CCS was the Guest<br />
of Honour on the occasion. He said that even if 10 out of 100 people present here<br />
take the message along it is a good sign for consumer movement. Around 35<br />
papers have been presented on various aspects of globalisation, market and<br />
consumer protection which have raised many pertinent questions and many<br />
solutions to the problem have been put forward in these two days. Globalisation<br />
has changed the world, the way we think and consume. Market is very tempting<br />
today. You go to market with no idea to buy but come out with so many packets<br />
117
with which you just do not know what to do. He said today the aspirations and<br />
desires of consumers are very high. The whole theory is ‗Dil Mange More‘. ‗Buy<br />
one get four free‘ or even ‗buy one get seven free‘, such schemes are nothing but<br />
exploitation of consumers. What is the economic behind such advertisements<br />
nobody can make out. We are all victims of these unfair trade practices but we<br />
don‘t know what to do. We have been lost in the globalised world. But are we<br />
happy in this world. It has become a competitive world; we want a thing only<br />
because our neighbour has it. Even if we don‘t have the money to buy it the<br />
plastic money, EMI schemes help us to fulfil our desires. There are lot of issues<br />
in consumer movement. We have to decide where we have to stop, to make a<br />
rational decision. Market has always been tempting but we have to develop a<br />
control.<br />
Today the needs and aspiration of present generation are quite different.<br />
They believe in spending more and more and not saving. There is a need to<br />
make this generation aware. The younger generation is a generation of<br />
consumption. The thing which is to be seen is whether we are really happy.<br />
Happiness is beyond what we are looking at. There has been a transition from<br />
citizen to customer to consumer. The most of problems we are having are<br />
basically due to high level of consumption as the desires and wants have become<br />
needs. The basic objective of the consumer movement is to make people think<br />
that we really need and how much do we really need. As a society we have to<br />
decide these issues. The institutions, laws are merely secondary solution to this.<br />
There is not much difference in attitude among the urban and rural consumers;<br />
both go on purchasing without applying their mind.<br />
Most of us are silent sufferers as consumers. We do not take up the issue,<br />
firstly because of ignorance about our right and also the redressal mechanism<br />
and secondly we enjoy being cheated. But the people who have gone to the<br />
<strong>For</strong>ums and Commissions have got the redress. The sensitivity on consumer<br />
protection is not there. Telemarketing was a great nuisance but no body took the<br />
initiative unless one person filed a complaint in the District <strong>For</strong>um which went<br />
upto State Commission and the do not disturb registry was started. Similarly the<br />
Delhi SCDRC gave relief in the Khandhar Hijacking case for mental agony where<br />
118
the civil court failed to give relief. Till now 35 lakh cases how have been filed in<br />
these forums / commissions.<br />
The <strong>Consumer</strong> Protection Act was enacted in 1986 and this year is the<br />
silver jubilee year of its enactment. The irony is that even after 25 years of its<br />
enactment we are still thinking how to take consumer movement forward. The<br />
misleading ads, spurious goods and sale promotion schemes are nothing but<br />
means to exploit consumers. MRP is also a legalized way to befool and exploit<br />
consumer. The consumer today does not know who is selling the product or<br />
giving the services. The problem is that the consumer movement is not organized<br />
and people are not united to fight for their rights. To generate awareness among<br />
masses the Department of <strong>Consumer</strong> Affairs has taken up a number of schemes<br />
and policies. The consumer protection has been added in the school curriculum.<br />
The consumer club scheme is being revamped to enable schools to involve<br />
young students more and more in such activities. To generate Awareness there<br />
is need for the Universities to take initiatives like starting consumer clubs, setting<br />
up Chair Professor in <strong>Consumer</strong> <strong>Studies</strong> etc. These are the things for which there<br />
are provisions in 12 th plan and the Department of <strong>Consumer</strong> Affairs, GoI is ready<br />
to fund.<br />
When we talk of consumerism we cannot look at ourselves as isolated<br />
islands. We always get affected by what is going around us. When we buy<br />
something do ask question, bargain and counter the traders then only he will<br />
listen to you; whenever you are cheated raise your voice and ask for redressal.<br />
That is your right. The students and teachers are very important link in this<br />
movement and have a duty to take this movement forward.<br />
Prof. R. R. Jha, <strong>For</strong>mer Head, Department of Political Science & Director,<br />
Canadian <strong>Studies</strong> Development Programme, BHU, Varanasi, delivered the<br />
Valedictory Address on the occasion. He said that the globalisation has affected<br />
our lives both in positive and negative ways. In globalised economies profit is the<br />
prime motive. The MNCs which are into business of packaged drinking water<br />
make you feel and understand that water you are getting is not good and we<br />
should also like the people in the developed world start drinking the packaged<br />
water. Such campaigns by them though send a wrong message to the<br />
119
consumers but force them to change their behaviour. In the process of<br />
globalisation there has been weakening of state. This idea given by the corporate<br />
world was that there is borderless world. They wanted to use the forces of<br />
globalisation for their benefit. The basic question is how much of it is by design<br />
and how much autonomously.<br />
When you have information technology based society and impact of<br />
globalisation the society will not remain same, it is bound to change. The state<br />
has weakened and market has been made important. However, it merely<br />
highlights the peripheral issues and not the important substantive issues. If the<br />
principles of democracy can be applied to market then it can act for benefit of all.<br />
The principles of equality etc. are required to be applied, civil society is supposed<br />
to fill in the gaps and take over some of the function of the state. The question<br />
here arises is civil society is in this position in India. It is not so and it has a long<br />
way to go. The citizen has become customer & customer a consumer. <strong>Consumer</strong><br />
subsides are reducing. The state is not in a position to restrict or check some of<br />
the forces of globalised market. How much is the civil society in position to check<br />
this In a developing society like India can we change the forces of globalisation<br />
If we can we should do; if we cannot then we should try to reduce the negative<br />
impacts. The consumer is important and so is the consumer protection and<br />
awareness. What cannot be cured must be endured. The bad impacts of<br />
globalisation coming from corporate world must be dealt with properly. The<br />
seminar has no doubt given clarity on a number of issues relating to globalisation,<br />
markets consumer protection and has definitely made us think and take up such<br />
issues in future.<br />
(Mamta Pathania) (Sapna Chadah) (Suresh Misra)<br />
Seminar Coordinators<br />
120
Workshop<br />
on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
at<br />
Department of Commerce and Management <strong>Studies</strong>,<br />
University of Calicut, Kerala<br />
(November 11-12, 2011)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA organized two day Workshop on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare on November 11-12, 2011 in<br />
collaboration with Department of Commerce and Management <strong>Studies</strong>,<br />
University of Calicut, Kerala. Around 175 participants attended the seminar which<br />
included academicians, members of the District <strong>For</strong>ums, members from civil<br />
society organizations, representatives of government service providers and<br />
consumer cooperative societies and students. The objectives of the workshop<br />
were to: acquaint the participants with the need and importance of <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare; enhance their knowledge and skill in the area<br />
of <strong>Consumer</strong> Protection and Welfare. Acquaint the participants with <strong>Consumer</strong><br />
Protection Act and other legislations having an impact on the consumer<br />
protection; study the functioning of the <strong>Consumer</strong> Disputes Redressal Agencies<br />
under the Act; and build their capacity in the area to enable them to take the<br />
consumer movement forward.<br />
Dr. M.A. Joseph, Head, DCMS delivering the<br />
Welcome Address<br />
The workshop began with<br />
the Welcome Address by Dr.<br />
M.A. Joseph, Associate<br />
Professor & Head, DCMS and<br />
Workshop Director. He welcomed<br />
all the dignitaries and the<br />
participants and said that the<br />
workshop has been organised by<br />
Department of Commerce &<br />
Management <strong>Studies</strong> in<br />
collaboration with Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA and sponsored by Department of <strong>Consumer</strong> Affairs. The<br />
basic objective of the workshop is to educate the participants regarding the<br />
121
<strong>Consumer</strong> Protection Act and the rights given to the consumer under the Act. In<br />
these two days various issues related to consumer protection and welfare will be<br />
covered and it will be deliberated upon as to what needs to be done by various<br />
stakeholders-government, business, consumers and civil society organisation to<br />
protect the consumers from the deceptive practices prevalent in the market.<br />
Prof. (Dr.) K. P. Muraleedharan, Dean, Faculty, Department of Commerce<br />
& Management <strong>Studies</strong> in his Presidential Address said that in an attempt to<br />
produce and sell more the traders and manufactures resort to various unfair and<br />
corrupt trade practices. In the era of liberalisation and globalisation when there is<br />
free market economy and international trade, consumer has wide variety of<br />
goods and services to choose from. In such a scenario he is supposed to be the<br />
king and rule the market. But it is not so happening. The seller still rules the<br />
market as he has the information which consumer does not have. The laws which<br />
are required to regulate have failed. There is also a need for Corporate Social<br />
Responsibility which enables business houses to adopt ethical practices. But this<br />
corporate social responsibility has become an eye wash. The need of the hour is<br />
to educate the consumers on their rights and responsibilities. All of us are<br />
consumers as consumer, is a person who consumes or uses any good or<br />
service. The modern technology has made the things more difficult for the<br />
consumers. In light of this it has become imperative to organise such workshops<br />
and conferences which educate all about rights as consumers and the<br />
mechanisms available for redressal of their grievances. The two day workshop<br />
will have nine sessions on issues like <strong>Consumer</strong> Protection: An Overview;<br />
<strong>Consumer</strong> Protection Act/Rules; Food Safety and <strong>Consumer</strong>; <strong>Consumer</strong><br />
Grievance Redressal: Working of <strong>Consumer</strong> <strong>For</strong>ums; <strong>Consumer</strong> Education and<br />
Awareness; Insurance and <strong>Consumer</strong>; Medical Negligence and <strong>Consumer</strong>;<br />
Banking and <strong>Consumer</strong>; Misleading Advertisement and <strong>Consumer</strong>, which will<br />
definitely enlighten the participants on various facets of consumerism and<br />
consumer protection.<br />
122
Prof. (Dr.) Abdul Salam, Vice Chancellor, University of<br />
Calicut lighting the lamp<br />
Prof. (Dr.) Abdul Salam,<br />
Vice Chancellor, University of<br />
Calicut delivered the Inaugural<br />
Address on the occasion. He said<br />
that the workshop on such an<br />
important issue should be attended<br />
by as many people as possible. All<br />
should attend such events along<br />
with their friends as it will make all<br />
of us a very educated, informed<br />
and responsible consumer. He<br />
said that the CPA has given new<br />
Prof. (Dr.) Abdul Salam, Vice Chancellor,<br />
University of Calicut delivering the Inaugural<br />
Address<br />
thrust to consumer protection and has given six substantive rights to consumers.<br />
It is a milestone in consumer movement and has provided new roadmap to<br />
consumerism. Under the Act action for defective goods, deficient services and<br />
against the unfair and restrictive trade practices adopted by the business can be<br />
initiated. A three tier redressal mechanism has been established under the Act at<br />
the National, State and District levels to provide speedy, quick and inexpensive<br />
justice to the consumers. The <strong>Consumer</strong> Councils have also been created under<br />
123
the Act at three levels which provide solutions to the problems of the consumers.<br />
Besides CPA there are other legislations also to provide protection to the<br />
consumers. However, these are basically punitive in nature; whereas the CPA is<br />
compensatory in nature giving some relief to the complainant. The CPA is a<br />
potent weapon in the hands of consumers. Here the consumer can fight his own<br />
case. He does not need lawyer. Even a voluntary consumer organisation can file<br />
a complaint on behalf of the consumer. He said as students you all are also<br />
consumers of the services being provided by the university and so learn to gain<br />
knowledge and question the quality of service being provided. He said that an<br />
empowered and aware consumer is an asset to the country. The students, who<br />
are future of the nation, should be aware about their rights and obligations as a<br />
consumer and also spread awareness among the public.<br />
Prof. Suresh Misra, Chair<br />
Professor & Coordinator, CCS, in<br />
his address provided an overview<br />
of the activities of Indian Institute of<br />
Public Administration and Centre<br />
for <strong>Consumer</strong> <strong>Studies</strong>. He said that<br />
<strong>II</strong>PA was established by Pandit<br />
Jawaharlal Nehru in 1953. It is<br />
involved in research, training,<br />
consultancy and publications. The<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong> was<br />
established in 2007 by the Department of <strong>Consumer</strong> Affairs with an aim to create<br />
awareness and education on the issues of consumer welfare through various<br />
activities at various levels. We conduct a number of training programmes,<br />
seminars, conferences and conduct researches in the area. We have brought out<br />
a number of publications on various issues of consumer protection and they have<br />
been uploaded on the website and can be freely downloaded. All of us are<br />
consumers. Students are also consumers. Though the area of examinations has<br />
been removed from the purview of CPA by the Supreme Court judgement but you<br />
are consumers of other services of the university.<br />
Prof. Misra, Chair Professor & Coordinator,<br />
CCS addressing the participants<br />
124
Market is very tempting today. He said today the aspirations and desires of<br />
consumers are very high. The whole theory is ‗Dil Mange More‘. You go to mall<br />
without any idea of buying anything but come out with a number of bags. ‗Buy<br />
one get four free‘ or even ‗buy one get seven free‘, such schemes are nothing but<br />
exploitation of consumers. What is the economics behind it nobody can<br />
understand We are all victims of these unfair trade practices but we don‘t know<br />
what to do. Most of us are silent sufferers as consumers. We do not take up the<br />
issue, firstly because of ignorance about our right and also the redressal<br />
mechanism and secondly we enjoy being cheated. But the people who have<br />
gone to the <strong>For</strong>ums and Commissions have got the redress. The sensitivity on<br />
consumer protection is not there. Today the needs and aspiration of present<br />
generation are quite different. They believe in spending more and more and not<br />
saving. There is a need to make this generation aware. There is not much<br />
difference in attitude among the urban and rural consumers; both go on<br />
purchasing without applying their mind and the consumer does not know who is<br />
selling the product or giving the services. The problem is that the consumer<br />
movement is not organized and people are not united to fight for their rights. To<br />
generate awareness among masses the Department of <strong>Consumer</strong> Affairs has<br />
taken up a number of schemes and policies. The consumer protection has been<br />
added in the school curriculum and the consumer club scheme is being<br />
revamped to enable schools to involve young students more and more in such<br />
activities.<br />
The <strong>Consumer</strong> Protection Act was enacted in 1986 and this year is the<br />
silver jubilee year of its enactment. The irony is that even after 25 years of its<br />
enactment we are still thinking how to take consumer movement forward. The<br />
misleading ads, spurious goods and sale promotion schemes are nothing but<br />
means to exploit consumers. MRP is also a legalized way to befool and exploit<br />
consumer. Even in states like Kerala which have high education and literacy rate<br />
still the level of awareness is not much. To generate awareness there is need for<br />
the University to take initiatives like starting consumer clubs, setting up Chair<br />
Professor in <strong>Consumer</strong> <strong>Studies</strong> etc. These are the things for which there are<br />
provisions in 12 th plan and the Department of <strong>Consumer</strong> Affairs, GoI is ready to<br />
fund.<br />
125
The Management Institutes generate managers but they are not very<br />
sensitive to consumer issues. They are not taught CPA; in such a scenario how<br />
they can be aware and sensitive to consumer issues. There is need for more<br />
education and awareness in the area. It is required to be seen as to what we<br />
have achieved in these 25 years of enactment of CPA. Till now 36 lakh people<br />
have gone to the foras. One person goes to the forum and makes a complaint;<br />
many of us get the benefit. As consumer we have to look after our welfare. We<br />
are all silent sufferers. We do not want to protest and want others to take up and<br />
fight for our cause. We need to be aware of both our rights and responsibilities as<br />
consumers and take initiatives. So as a consumer you should raise your voice<br />
don‘t be silent sufferers. Further as a responsible consumer also be aware about<br />
your responsibilities; adopt sustainable consumption. Mahatma Gandhi has said<br />
that ―Earth has enough for every ones need but not for every one‘s greed‖.<br />
Dr. P. Mohan, Faculty, DCMS and Director,<br />
College Development Council addressing the<br />
participants<br />
Dr. P. Mohan, Faculty,<br />
DCMS and Director, College<br />
Development Council in his<br />
address said that the workshop is<br />
regarding consumer protection<br />
and welfare; which is a very<br />
important and relevant issue for<br />
all of us as consumers. The<br />
<strong>Consumer</strong> Protection Act is one<br />
of the most important pieces of<br />
social welfare legislations which<br />
empowers consumers. It has<br />
given consumers six rights and also ensures that consumers get remedy within a<br />
reasonable period of time. However, it is sad that in 25 years the remedy under<br />
this Act has also become just like civil court remedy. It is because of the attitude<br />
of the people manning the forums and also due to other problems being faced by<br />
the forums. In these two days we will deliberate on the remedies we have as<br />
consumers and also come up with suggestion to make them more effective and<br />
consumer friendly.<br />
126
In two days workshop nine sessions were conducted on a number of<br />
issues on consumer protection by various experts. The session on <strong>Consumer</strong><br />
Protection: An Overview was taken by Prof. Suresh Misra, CCS, <strong>II</strong>PA in which he<br />
dealt in great detail about the necessity to protect the interests of the consumers<br />
and the consumers should get value for their money. He said that it is important<br />
to protect consumer interest against 3D‘s i.e. defects in goods, deficiency in<br />
services and deception in trade practices. He discussed about social criticism of<br />
business i.e. high prices, poor selling, unsafe products, deceptive practices and<br />
high pressure selling. He said 15 th March of every year is observed as World<br />
<strong>Consumer</strong> Rights Day and 24 th December of each year is observed as National<br />
<strong>Consumer</strong> Day. He also discussed A. C. Nielson survey report on the counterfeit<br />
medicines, spurious cosmetics, spurious drinks, counterfeit electronic goods, and<br />
computer peripherals, engineering goods etc. He warned the consumers from<br />
allurement against different types of advertisement to protect their health and well<br />
being. Dr. Sapna Chadah, <strong>II</strong>PA New Delhi while speaking on ‗<strong>Consumer</strong><br />
Protection Act/ Rules‘ stressed on the <strong>Consumer</strong>‘s rights enshrined in several<br />
enactments. She emphasized on the consumers‘ rights laid down in the<br />
<strong>Consumer</strong> Protection Act which protect the interest of the <strong>Consumer</strong>. She<br />
elaborately explained about the <strong>Consumer</strong> Disputes Redressal agencies at<br />
district, state and national level for the redressal of consumer grievances and the<br />
<strong>Consumer</strong> Protection Councils for making the consumer rights a reality. She cited<br />
many interesting examples of defects in goods and deficiency in services. She<br />
also highlighted various Supreme Court Judgments aimed at protecting the<br />
consumers.<br />
Mr. Vinod Panickar, BVQI<br />
speaking on ‗Food Safety and<br />
<strong>Consumer</strong>‘ explained the various<br />
dimensions of food safety. He<br />
highlighted the various aspects which<br />
we should take care of while<br />
consuming cooked and uncooked<br />
food and the kind of diseases from<br />
which we can get affected if we have<br />
not taken proper care and caution.<br />
Mr. Vinod Panickar, BVQI making a<br />
presentation on Food Safety and <strong>Consumer</strong><br />
127
He also mentioned the important<br />
provisions of Food Safety and<br />
Standard Act and the structure and<br />
functions of the Food Safety and<br />
Standard Authority to maintain the<br />
quality and safety of food. In the<br />
session on <strong>Consumer</strong> Grievance<br />
Redressal: Working of <strong>Consumer</strong><br />
<strong>For</strong>ums, Justice K.R.<br />
Udhayabhanu, President, Kerala State Commission provided an overview of the<br />
working of the three tier redressal mechanism under the Act. He outlined their<br />
structure, jurisdiction, limitation, procedure of filing complaints etc. He also<br />
elaborated the infrastructure and other problems being faced by these bodies. He<br />
also elaborated the procedural and other aspects of the working of these<br />
agencies. Illustrating his point with a number of examples and judgments of the<br />
National Commission and the Supreme Court, Justice Udhayabhanu focused on<br />
the outcome in terms of relief to the consumers and the development of<br />
consumer case law. Through various cases decided by his Commission in the<br />
various service sectors like Insurance, Medical Negligence, Banking etc.; he<br />
explained the participants the points they must keep in mind while entering into<br />
contract with them.<br />
In the session on<br />
‗<strong>Consumer</strong> Education and<br />
Awareness‘ Prof. Suresh Misra,<br />
CCS, <strong>II</strong>PA discussed in detail the<br />
ways and means to educate the<br />
consumer and enhance<br />
awareness. He also gave an<br />
account of the various<br />
programmes and policies of the<br />
Department of <strong>Consumer</strong> Affairs<br />
to educate the consumers. In<br />
Mr. R. Rajaraman speaking on Insurance and<br />
<strong>Consumer</strong><br />
session on ‗Insurance and <strong>Consumer</strong>‘ Mr. R. Rajaraman, National Relationship<br />
Manager, LIC, India, Mangalore highlighted the various kind of policies that are<br />
128
available to the consumers in the liberalised economy and points which the<br />
consumer must keep in mind while taking the policy. He also explained the<br />
various grounds on which generally the insurer is repudiating the claim. Dr.<br />
Sapna Chadah of <strong>II</strong>PA, New Delhi, gave a presentation on ―Medical Service and<br />
<strong>Consumer</strong> Protection Act‖. She discussed elaborately the various provisions of<br />
the Act. She explained that commodities and services which are free of cost are<br />
not covered under CPA. Therefore, services and medicines received free from<br />
the Govt. hospitals are not covered under the Act. She cited many interesting<br />
example to explain the concept of medical negligence and the relief given in such<br />
cases by the consumer courts.<br />
Mr. E.K. Johnson making a presentation on<br />
<strong>Consumer</strong> and Banking<br />
Speaking on <strong>Consumer</strong><br />
and Banking, Mr. E.K.<br />
Johnson, AGM, SBT,<br />
Trivandrum made a<br />
presentation on the kind of<br />
services the banks are<br />
providing in the liberalised<br />
economy and where there can<br />
be a deficiency in service. He<br />
also cited some of the decided<br />
cases where the consumer<br />
fora have held the banks liable<br />
Mr. Allen Collaco, Secretary General, ASCI<br />
Making a audiovisual presentation on Misleading<br />
Ads<br />
129
for deficient services. He explained the features of the Banking Ombudsman<br />
Scheme and when the consumer can approach the ombudsman with complaint.<br />
He explained this with practical cases handled by the Ombudsman. Mr. Allen<br />
Collaco, Secretary General, ASCI presented the first hand view of an expert who<br />
is judging the advertisements as a part of self regulatory body. He said<br />
advertisement involves a huge expenditure and a number of people like artist,<br />
producers, advocates and many professional are involved in giving shape to the<br />
advertisements we come across. Through audiovisual presentations he<br />
presented some misleading advertisements which were banned by ASCI and<br />
why. He also highlighted the role of ASCI in controlling content of advertisements.<br />
The workshop was very interactive. Each session was followed by questions from<br />
the participants and discussion.<br />
The Valedictory Function<br />
began with the Welcome Address<br />
by Mr. M.K. Baby, Associate<br />
Professor, Department of<br />
Commerce and Management<br />
<strong>Studies</strong>. In his address he<br />
welcomed the chief guest and<br />
other dignitaries and provided<br />
overview of workshop. He<br />
expressed satisfaction that the<br />
whole workshop went strictly<br />
according to programme. Nine<br />
Mr. M.K. Baby, Associate Professor, DCMS<br />
delivering the Welcome Address<br />
technical sessions were held which imparted a lot of information on various<br />
aspects which affect the consumers in day to day life. He said that the workshop<br />
was meant for generating awareness and education in the field of consumer<br />
protection which is next to the environment protection. In the two days various<br />
means and ways of consumer protection viz. the rights of the consumers, policy<br />
framework, redressal system, various service sectors like insurance , banking,<br />
medical negligence, etc. have been discussed. He also hoped that the<br />
participants will definitely spread the message of consumer protection among the<br />
different strata of society.<br />
130
Ms. Niranjana, Research Scholar, DCMS, presented a brief report of the<br />
workshop highlighting some of the important issues which were flagged during<br />
the two days. In his Address Mr. M.A. Joseph, Associate Professor and Head,<br />
DCMS thanked the Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA for collaborating with<br />
DCMS, University of Calicut and Department of <strong>Consumer</strong> Affairs, GoI for the<br />
financial Assistance which enabled the Department to organise the programme in<br />
a befitting manner. No doubt the workshop has imparted knowledge to all of us<br />
on our rights and responsibilities as consumers. Now it is our duty to pass on the<br />
information to others in the society and generate awareness on the issue. This<br />
way we all can contribute to the consumer movement.<br />
Dr. K. P. Muraleedharan, Dean, Faculty, DCMS<br />
delivering Valedictory Address<br />
Dr. K. P.<br />
Muraleedharan, Dean, Faculty,<br />
DCMS delivered the Valedictory<br />
Address on the occasion. He<br />
said the programmes of this<br />
type are meant for two things:<br />
firstly to generate awareness<br />
about our rights and how they<br />
are to be exercised and<br />
secondly<br />
empowering<br />
consumers with their rights. The<br />
workshop has succeeded in achieving both the purposes. The programme has<br />
given us the idea about our rights in great detail and has successfully created<br />
awareness among the participants and students. Now we all are empowered<br />
consumers and can fight for our rights if there is any violation of our consumer<br />
rights by the traders or service providers.<br />
The <strong>Consumer</strong> Protection Act, 1986 is socio-economic legislation to<br />
correct the market evils affecting our lives and the society. It is intended to<br />
implement social objective as opposed to business interests. It has two basic<br />
purposes first to endow with consumers with certain rights and secondly to<br />
provide machinery for the infringement of the same. The whole Act revolves<br />
around consumer dispute, defect, deception and deficiency which are very simple<br />
131
to understand. What is required is that the consumers should become united and<br />
organised and speak. It is said that consumers are not speaking and are silent<br />
sufferers. Rural consumer is illiterate and poor; he does not have a choice and<br />
there is need to give a thought to the rural consumers, and educate them about<br />
their rights. We are talking about business ethics. It is time the corporate world<br />
must create some self regulation and charity should begin at home. Besides this<br />
the government machinery needs to be more strong and vigilant. We should try to<br />
sustain the rights as consumers and also raise awareness among others. The<br />
main concern is that there is need to fill the gap between the legal and lay man<br />
for which propagation of legal knowledge in common man‘s language. <strong>For</strong> that<br />
students need to be prepared to take the consumer movement forward.<br />
Prof. Suresh Misra,<br />
Chair Professor and<br />
Coordinator, CCS, <strong>II</strong>PA in his<br />
Observations on the workshop<br />
said that it is a privilege to be<br />
associated with Department of<br />
Commerce and Management,<br />
University of Calicut to organise<br />
this two day workshop. It is<br />
culmination of three month<br />
efforts of Mr. Joseph, Mr.<br />
Satheesh and other colleagues at the Department. The programme was very well<br />
structured and there were sessions on issues which touch the consumer daily.<br />
The programme has been very educative and interactive in which large number<br />
of question were asked. In this DCMS has done a wonderful job in selecting right<br />
speakers for the workshop. The level of participation by the participants was also<br />
excellent. Around 150 participants from different walks of life participated well in<br />
the workshop. Students have participated well both in the sessions as well as in<br />
making the arrangements. We expect that the participants from various<br />
institutions will take forward the movement and will spread the message in their<br />
places.<br />
Prof. Suresh Misra, Coordinator, CCS, giving<br />
his observations on the Workshop<br />
132
In their feedback the participants said that the workshop has been<br />
enriching and they have been benefitted by participating in the workshop. The<br />
sessions were really informative. There were professionals from the area like<br />
food safety who have given an insight into the area. The presentations on<br />
banking, insurance, medical services have been very informative. The session on<br />
misleading advertisement has been an eye opener. They also expressed their<br />
view that advance training may be granted to some who can act as trainers in<br />
their respective fields. Some were of the view that more areas of relevance may<br />
also be added.<br />
In his Vote of Thanks<br />
Dr. E.K. Satheesh, Workshop<br />
Coordinator and Faculty, DCMS<br />
thanked the Department of<br />
<strong>Consumer</strong> Affairs, GoI and<br />
CCS, <strong>II</strong>PA who were<br />
instrumental in providing all sort<br />
of resources for organising the<br />
workshop.<br />
He said we are<br />
consumers from birth till death.<br />
All through this the consumer is<br />
Dr. E.K. Satheesh, Workshop Coordinator and<br />
Faculty, DCMS delivering Vote of Thanks<br />
taken for a ride. There is need for more such programmes to generate awareness<br />
and to further build capacity of teachers and students to take the message<br />
forward. He also thanked the Vice Chancellor, University of Calicut for<br />
inaugurating the programme and for providing all help and guidance. He also<br />
thanked, Head and Faculty, DCMS for the help given for organising the<br />
programme.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Workshop Coordinators<br />
133
National Seminar<br />
on<br />
Globalization and <strong>Consumer</strong> Rights<br />
at<br />
P. G. Department of Social Science, Fakir Mohan University,<br />
Balasore, Odisha<br />
(25-26, November, 2011)<br />
A National Seminar on Globalization and <strong>Consumer</strong> Rights was organised by<br />
the Centre for <strong>Consumer</strong> <strong>Studies</strong> in collaboration with P. G. Department of Social<br />
Science, Fakir Mohan University, Balasore, Odisha from 25-26 November, 2011 at<br />
Balasore, Orissa. The Department of <strong>Consumer</strong> Affairs, GoI sponsored the Seminar.<br />
More than 60 delegates from different states attended the seminar.<br />
Dignitaries on the Dias<br />
The National Seminar was an attempt to evaluate the measures taken to<br />
strengthen the consumer movement in the country. It provided a larger platform<br />
to exchange ideas on various issues concerning consumers especially to create<br />
awareness regarding consumer protection and rights of the consumers among<br />
policy makers, NGO‘s and other stakeholders to deliberate on various issues<br />
related to globalization and the consumer. It was an effort to bring together<br />
national experts in consumer law, consumer rights, consumer behaviour,<br />
academicians and representatives of NGOs to discuss various issues relating to<br />
134
ights of consumers in India in the era of globalization and also to promote<br />
understanding of inter-relationship between consumer laws and protection of<br />
consumers through institutional arrangements.<br />
Themes covered in the seminar were Globalization and <strong>Consumer</strong> Rights<br />
which focused on the impact of globalization on the consumer behavior and the<br />
consumption patterns; Issues in <strong>Consumer</strong> Protection Laws which worked out the<br />
interplay of various issues in context of consumer protection and globalization;<br />
Services and <strong>Consumer</strong> Rights highlighted the plight of consumer rights in<br />
different service sectors thereby stressing on increased consumer education and<br />
awareness; <strong>Consumer</strong> Education and Awareness was one of the themes which<br />
focused on the extent of consumer awareness among consumers and<br />
highlighted the role of different stakeholders with this regard while Rural<br />
<strong>Consumer</strong>s: Choices and Vulnerabilities discussed the consumption patterns<br />
,behavior patterns of rural consumers and also focused on the change in their<br />
buying behavior due to globalization.<br />
Dignitaries Lighting the Lamp<br />
The Seminar started with welcoming of the guest and lighting of the lamp<br />
by the Guests followed by a welcome song by the students of the University. The<br />
Welcome Address was delivered by Prof. Bhagaban Das, Chairman, P. G<br />
Council. Dr. Geetanjali Dash, Coordinator of the seminar extended a warm<br />
welcome to all the distinguished guest and delegates present in the seminar and<br />
135
also introduced the dignitaries on the dais. This was followed by the release of<br />
the Souvenir by the Chief Guest, Prof. Sukadev Nanda.<br />
Release of the Souvenir by Prof. Sukadev Nanda & Prof. Suresh Misra<br />
Prof. Sukadev Nanda Delivering the Inaugural Address<br />
In his inaugural address Prof. Sukadev Nanda, <strong>For</strong>mer Vice Chancellor,<br />
FM University, Balasore emphasized on the role of intellectuals and civil society<br />
organizations in mainstreaming the government programmes for greater benefits<br />
of the consumers. He stressed that the present scenario demands that consumer<br />
education and awareness should be propagated among the masses. He<br />
136
emphasized that such seminars/conferences are good efforts to generate mass<br />
consumer awareness and also for providing a platform for exchange of ideas. He<br />
said that the concept of consumer responsibility becomes much more important<br />
and relevant in the present scenario and for that each and every individual needs<br />
to initiate a step forward.<br />
Prof. Suresh Misra, Chair Professor and Coordinator, CCS, <strong>II</strong>PA,<br />
New Delhi delivering the Key Note Address<br />
Prof. Suresh Misra, Chair Professor and Coordinator, Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New Delhi delivered the Key Note Address. While<br />
addressing the participants he thanked the Fakir Mohan University, Vice<br />
Chancellor and Dr. Geetanjali Das for organizing the Seminar. He stressed that in<br />
the Silver Jubilee Year, in order to provide a platform for delegates to deliberate<br />
on issues affecting the common man these types of seminars are being<br />
organized .This is the time to have a relook of the movement and to see how far<br />
the consumer movement has gone. The tragedy is that still consumers are not<br />
aware of the exploitation which is going on in all the sectors. The need of the<br />
hour is to have laws/ instruments to protect the consumers through awareness<br />
and education. He highlighted different unexplored areas of consumers and also<br />
stressed on the need of involvement of gram panchayats and civil society<br />
organizations for delivery of fruits of government programmes to the poor<br />
consumers. He said currently consumers in general are not well informed, lack<br />
understanding of their rights, and are not conscious of their responsibilities. He<br />
137
highlighted that for generating awareness the Department has a number of<br />
programmes and policies. The Department has been running an effective multi<br />
media campaign ‗Jago Grahak Jago‘ for raising consumer awareness which<br />
gives consumers an idea as to what are their rights.<br />
Prof Sudhakar Panda addressing the participants<br />
Prof. Sudhakar Panda,the Chief Speaker while addressing the participants<br />
highlighted that in a country when development passes through different stages,<br />
prior to reaching a degree of maturity and saturation the consumption pattern<br />
undergoes transformation due to a variety of goods which are available in the<br />
markets. He stressed that after the liberalization of economy, the choice is<br />
immense in different sectors like hospitality, tourism, housing, telecommunication,<br />
etc. The advertisement of the tele products are booming in the market and these<br />
products are playing with the poor/ rich consumers because their minds have<br />
been captured by the MNC‘s. Their number is increasing day by day which is<br />
something not very rare but a common phenomenon. In such a scenario are<br />
consumer‘s getting the value for money The answer is ―No‖ because through<br />
advertisement the consumers tend to buy what is best displayed in the luring<br />
advertisements. The consumers have the right to speak up and know about the<br />
value, the product/ service for which they are paying. But the sad part is that we<br />
as consumers don‘t bother for the same. By and large consumers are not<br />
138
interested in getting protected. It is said consumer is king but today above the<br />
consumer there is an emperor i.e. the MNC‘s who are guiding, motivating and<br />
making the consumers fall prey to the evils of consumerism and globalization. So<br />
there is a need for consumer acceptance, response and behaviour which can<br />
really bring about changes and solve the problems.<br />
Prof.K. B Das, Vice Chancellor, F M University, Balasore<br />
delivering the Presidential Address<br />
The Presidential Address was delivered by Prof. Kumar B. Das, Vice<br />
Chancellor, F M University, Balasore. He said that the Seminar is an attempt to<br />
explore the complexities of the interface between globalization and consumer<br />
rights in various dimensions in the context of the evolving scenario. He<br />
highlighted that the glamorous scenario of malls, marts and super bazaars make<br />
the consumers fall into the trap of urbanization and this has an adverse effect on<br />
the consumers. The present scenario has led to a movement of deceit and<br />
exploitation. He stressed that our country is following the wrong path of<br />
development, that is why consumers are being exploited and it is high time to<br />
think about it. <strong>Consumer</strong>s are being victimized by a chance driven, speculative<br />
factors hijacking their brains. It is now time to understand that duties and<br />
responsibilities are two things which go hand in hand and for this every consumer<br />
has to join hands to achieve success. A beginning need to be made and for that<br />
will to initiate a beginning is required.<br />
139
Prof. Suresh Misra and Dr. Mamta Pathania presenting memento<br />
to the Dignitaries on the Dias<br />
The inaugural function ended with a vote of thanks by Prof. S. S Acharya,<br />
Professor Political Science, F M University, in which he thanked <strong>II</strong>PA for funding<br />
this seminar and all the dignitaries for sharing their expertise and knowledge.<br />
The first technical session was on Globalization and <strong>Consumer</strong> Rights<br />
which focused on the impact of globalization on the consumer behavior and their<br />
consumption patterns. It was chaired by Dr. Geetanjali Dash, Head Department<br />
of Social Science, F M University, Balasore. In this session Dr. Bijay Bohidar and<br />
Mrs. Mrinalini Padhi presented their papers on <strong>Consumer</strong> Protection and<br />
Globalization and <strong>Consumer</strong> Laws-The Evolving Jurisprudence respectively.<br />
The theme of the second technical session was Issues in <strong>Consumer</strong><br />
Protection Laws focusing on the various issues in context of consumer protection<br />
and globalization. The session was Chaired by Prof. S. S. Acharya, P. G.<br />
Department of Social Science, FM University and Co-chaired by Prof. Bhavani P.<br />
Panda, Professor , P. G. Dept. of Law, Berhampur University. The speakers of<br />
the session were Prof. Navaneeta Rath who presented his paper on National<br />
Initiatives for the Protection of <strong>Consumer</strong> Rights: The Indian Experience, Dr.<br />
Sudhira Chandra Jena, North Odisha University focused his presentation on<br />
―<strong>Consumer</strong> Rights in the Context of Globalization‖; Dr. Susama Mohanty,<br />
140
presented on the theme ―<strong>Consumer</strong> Protection Act and Redressal of <strong>Consumer</strong><br />
Complaints: How do we go About These‖.<br />
Delegates in the Seminar<br />
The other papers presented were ―Medical Negligence and Rights of the<br />
Patient as a <strong>Consumer</strong>‖ by Dr. Padmalaya Mahapatra; <strong>Consumer</strong> Protection Act<br />
Need to Change by Dr. Kabita Kumari Sahu; <strong>Consumer</strong> Protection Act and<br />
Redressal of <strong>Consumer</strong> Complaints by Mrs. Sasmita Mishra and The Impact of<br />
globalization on <strong>Consumer</strong>ism among Youth by Ms. Sanjukta Panda.<br />
On the second day, the third technical session focused on the theme<br />
Services and <strong>Consumer</strong> Rights which highlighted the plight of consumer rights in<br />
different service sectors. The session was Chaired by Prof. D P Mishra,<br />
Professor and Dean, P. G. Department of Business Management, F M University,<br />
Balasore and Co- chaired by Prof. Abhaya Panda, Principal, Fakir Mohan<br />
Autonomous College, Balasore. In this session a paper on Changing Food Habits<br />
of the <strong>Consumer</strong>s in the Era of Globalization was presented by Prof. Suresh<br />
Misra and Dr. Mamta Pathania, <strong>II</strong>PA, New Delhi. The other speakers in the<br />
session were Dr. Satyajit Dhar who presented a paper on ―<strong>Consumer</strong> Protection<br />
and Role of State: A Case Study of Packaging Rules‖; Growth of Financial<br />
Services in India; A Need for <strong>Consumer</strong> Protection by Dr. Geetanjali Panda and<br />
<strong>Consumer</strong> Protection in Financial Services: A Study of Indian Commercial Banks<br />
by Prof. Abhaya Kumar Panda and Dr. Sanjeev Kumar Dey.<br />
141
The fourth technical session of the second day of the seminar focused on<br />
<strong>Consumer</strong> Education and Awareness addressing the extent of awareness among<br />
consumers highlighting the role of different stakeholders. Prof. Bhavani Panda,<br />
Professor, P. G. Department of Law, Berhampur University, Berhampur Chaired<br />
the session .The speakers of the session were Dr Ashok Panda who focused his<br />
presentation on ―Role of Media in <strong>Consumer</strong> Protection‖; Prof. S. S. Acharya<br />
presented a paper on Human Development and <strong>Consumer</strong>ism; Mrs. Suranjita<br />
Sinha and Mrs. Nabaruna Majumdar presented a paper on Organic Farming in<br />
India in the Context of Globalization: Issues and Challenges Towards Sustainable<br />
Consumption; Dr Smita Nayak focused her presentation on Women and<br />
<strong>Consumer</strong> Rights: An Analysis; Sh. Sukanta Patra presented a paper on<br />
Globalization and Environmental Issues in India :The Need for Green<br />
<strong>Consumer</strong>ism; Prof Bhavani Panda presented a paper on Protection of Elderly<br />
<strong>Consumer</strong>s : Issues and Challenges; Sh. Dhirendra Kumar Jena presented a<br />
paper on <strong>Consumer</strong> Rights : A Gender Perspective and Mrs. Rashmimala Sahu<br />
presented her paper on Globalization and its Impact on the Rural <strong>Consumer</strong>s of<br />
Jharkhand.<br />
The last technical session was on the theme Rural <strong>Consumer</strong>s: Choices<br />
and Vulnerabilities. It addressed the change in the consumption and behavior<br />
patterns of consumers under the influence of globalization. The Chair for this<br />
session was Prof. Suresh Misra, Chair Professor and Coordinator, CCS, <strong>II</strong>PA,<br />
New Delhi and Prof N C Dash, F M University co-chaired the session. A total of<br />
five papers were presented in this session. Sri Srinivas Mishra presented his<br />
paper on Rural <strong>Consumer</strong>s: Problems and Prospects; Prof. N. C Dash made a<br />
presentation on Tribals and the <strong>For</strong>ces of Globalization; Dr Geetanjali Dash,<br />
Head ,Department of Social Science, F M University, Balasore, Odisha presented<br />
her paper on Globalization and <strong>Consumer</strong>ism : Need for Protecting the Rural<br />
<strong>Consumer</strong>s; Dr. Swarnamayee Tripathy presented a paper on Rural <strong>Consumer</strong>s<br />
and Globalization and Dr. Prateep Mishra , Hony Sec., <strong>II</strong>PA Regional Branch<br />
Orissa presented his paper on Globalization and <strong>Consumer</strong>s.<br />
142
The Valedictory Session<br />
started with the Introductory<br />
Remarks by Dr. Geetanjali<br />
Dash followed by Summary of<br />
the Proceedings of the Seminar<br />
by Dr. Geetanjali Panda in which<br />
she stressed that the National<br />
Seminar has promoted a<br />
platform for initiating meaningful<br />
dialogue on various issues of<br />
Dignitaries in the Valedictory Session<br />
consumer protection and consumer behavior in the era of globalization.<br />
Highlighting about the two day deliberations she said that the seminar has<br />
generated meaningful feedback to national agencies, civil societies and<br />
government for envisaging strategic plan on advocacy, action research promoting<br />
intervention and enhancing consumer expectations.<br />
The Valedictory Ceremony was graced by Sh. Jagadananda ,Information<br />
Commissioner, Orissa .The other dignitaries who were present in the valedictory<br />
session were Prof. Anup Das who was the Chief Speaker, Sri S. C Mahatab,<br />
Senior Member SCDRC, Odisha as the Guest of Honour and Prof. Suresh Misra<br />
,Chair Professor and Coordinator CCS,<strong>II</strong>PA presided over the session.<br />
Prof. Anup Das, Chief<br />
Speaker in his special address said<br />
that globalization has developed an<br />
enormous capacity to create a<br />
surplus but the problem is, it needs<br />
to be brought under control, taking<br />
care of who produces what and for<br />
whom. He highlighted that market is<br />
a physical creation where market<br />
transactions take place therefore in<br />
this situation in order to make the<br />
economy grow, the consumers need<br />
Prof. Anup Das, Chief Speaker<br />
Delivering the Special Address<br />
143
to build up an information regime. He stressed that the modern economic system<br />
is based on information system which supports the individuals as consumers and<br />
they then are able to protect themselves from exploitation. He said focus<br />
therefore should be on responsibility based consumerism. One has to be alert<br />
and become a responsible / vigilant consumer switching over to sustainable<br />
habits of consumption.<br />
Sh. S. C. Mahatab, Senior<br />
Member SCDRC, Orissa and Guest<br />
of Honour in the programme while<br />
addressing the participants<br />
highlighted the plight of consumers‘<br />
inspite of the plethora of Acts which<br />
are there to protect them from<br />
exploitation. He said the word better<br />
protection tells us that the present<br />
laws are not sufficient in the present<br />
scenario and thus seem to be<br />
an<br />
Sh. S. C. Mahatab, Senior Member SCDRC,<br />
Orissa andGuest of Honour addressing<br />
the participants<br />
illusion as they don‘t provide better protection to the consumers .<strong>For</strong> this the<br />
redressal machinery should be revisited and changes necessary as per the ones<br />
catering to the welfare of consumers may be made. The law laid down doesn‘t<br />
serve the present day need as the ones who man the redressal machinery lack<br />
the required expertise for giving judgements and doing justice to the consumers.<br />
Sh. Jagdananda, Information<br />
Commissioner, Orissa and the Chief<br />
Guest of the programme in his<br />
Valedictory Address said that today<br />
the theme of the seminar is an<br />
indicator that the university system is<br />
on the path of connecting to an<br />
important aspect which is consumer<br />
rights. He appreciated the theme of<br />
the seminar and the manner in which<br />
Sh. Jagdananda, Information Commissioner,<br />
Orissa in the Valedictory Session<br />
144
it has been organized. Today consumers are not well protected and a lot needs<br />
to be done to sustain an environment which is free of exploitation and deficiency<br />
in services. He stressed that the maladies of globalization are numerous and we<br />
need to look into these maladies, and work out a solution. A will to fight out these<br />
maladies is something which needs to be rekindled. The divide between the<br />
haves and have not‘s is widening and an individual consumer is fighting for<br />
getting his share in the market economy. <strong>For</strong> this civil society has to come in the<br />
front and deepening democracy and deepening accountability are two mediums<br />
through which much can be achieved. He stressed that choice of consumers is<br />
not rational and this is something important to be looked into with a deeper vision.<br />
He said that India was not defeated by foreigners but by its own men. The<br />
exploitation today in rural areas is rampant and to do away with this evil,<br />
consumer awareness and education is an important aspect to be thought of.<br />
Prof. Suresh Misra, Chair Professor and Coordinator, Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New Delhi in his closing remarks appreciated the efforts<br />
of the P. G. Department of Social Science, Fakir Mohan University in organizing<br />
the seminar and congratulated the paper presenters and the delegates for a<br />
wonderful two day deliberations on a theme which holds immense importance in<br />
present day scenario.<br />
The seminar ended with a Vote of Thanks by the Prof S .S. Acharya who<br />
extended his sincere thanks to the Indian Institute of Public Administration, New<br />
Delhi for sponsoring the seminar. Thanks were also extended to all the resource<br />
persons for taking out time from their busy schedule and share their knowledge<br />
and expertise with the participants of the seminar and to all the paper presenters<br />
for deliberating on such an important theme which is of great relevance.<br />
observations:<br />
The seminar concluded with the following recommendations and<br />
1. Creation of greater awareness among consumers by involving various<br />
stakeholders in the movement. Mass campaign and creation of<br />
awareness about consumer rights and obligations is needed.<br />
2. <strong>For</strong>mulation of specific polices for the welfare of the specific consumer<br />
groups like farmers, women and children.<br />
145
3. Encouraging the civil society to educate the consumers on art of<br />
purchasing for which funds should be provided by the government.<br />
4. Promotion of consumer education in schools and colleges.<br />
5. Building the capacity of the local officials, institutions especially at local<br />
level, the PRI representatives to educate consumers and to take the<br />
consumer movement forward.<br />
6. Need to strengthen the consumer redressal mechanism at the district<br />
level.<br />
7. Personal consumption habits need to be changed to avoid wastage of<br />
resources. Consumption patterns need drastic changes to become<br />
sustainable.<br />
8. Universities and colleges should promote research in the area of<br />
consumer welfare for which funds should be provided by UGC, etc.<br />
9. Focus has to be on rural consumers. The district machinery should<br />
check weight and measures, drugs menace and also the flow of<br />
spurious products in the rural markets.<br />
10. Need for awareness, availability, affordability, application and<br />
accountability which are crucial in strengthening the base of rural<br />
marketing.<br />
11. <strong>Consumer</strong> responsibility is to be developed among the consumers to<br />
make every effort to inform them of the products and services.<br />
12. Spreading message to consumers especially in rural areas through<br />
street play, hoarding, advocacy, etc.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
146
Seminar on Globalization and <strong>Consumer</strong> Rights<br />
in collaboration with<br />
<strong>II</strong>PA Odisha Regional Branch, Bhubaneswar, Odisha.<br />
(27, November, 2011)<br />
A Seminar on Globalization and <strong>Consumer</strong> Rights was organised by the Centre<br />
for <strong>Consumer</strong> <strong>Studies</strong> in collaboration with <strong>II</strong>PA Odisha Regional Branch, on 27<br />
November, 2011 at State Institute of Rural Development (S.I.R.D.),<br />
Bhubaneswar, Odisha. The Department of <strong>Consumer</strong> Affairs, GoI sponsored the<br />
Seminar. More than 35 delegates attended the seminar.<br />
Dignitaries on the Dias<br />
147
The Seminar was an attempt to evaluate the impact of globalization on the<br />
consumers in the country. The main objective of the Seminar was to discuss and<br />
deliberate on various issues related to globalization and the consumer, create<br />
awareness regarding the consumer protection and rights of the consumers.<br />
The Seminar commenced with a welcome address by Shri Sanjib Chandra<br />
Hota, Chairman, <strong>II</strong>PA Odisha Regional Branch. In his Welcome Address, Shri<br />
Hota highlighted that the era of globalisation has undoubtedly benefited the<br />
consumers with a wide range of products and services but at the same time the<br />
consumers in the developing societies like India which has a large number of<br />
emerging rural consumers are at times taken for a ride in a highly competitive<br />
market. Even the urban middle class face the problem of redressing their<br />
grievance against unscrupulous multinationals and corporate houses. He said<br />
that consumer rights can be protected if the consumer is organised like other<br />
pressure groups to redress their grievances. Laws alone will not suffice; it has to<br />
be enforced in the right way. Thus the need of the hour is to sensitize the<br />
consumer and also make awareness campaigns in rural areas to make the<br />
people understand their rights and the manner in which it can be exercised. He<br />
stressed that deliberations made in the seminar will throw light on different<br />
aspects of consumer laws and its protection.<br />
In his presentation to the members , the media and officials of SIRD<br />
,Professor Suresh Misra, Chair Professor & Coordinator, Centre for <strong>Consumer</strong><br />
<strong>Studies</strong>, <strong>II</strong>PA New Delhi said that the technological revolution and the expansion<br />
of the media in the present century has had a lot of impact on the consumers.<br />
Global world has completely changed the range of products and services for<br />
people in the retail market. Globalisation culture has affected almost every aspect<br />
of human life, from economic, social to cultural. Widespread exchange of goods,<br />
services and ideas have influenced changes around the world. The impact has<br />
been more on the emerging new middle class and rural consumers. More so the<br />
eating habits of children have been greatly affected by heavy dose of<br />
advertisements, some of them at times being unethical. He also showed his<br />
concern over the implementation of the <strong>Consumer</strong> Protection Act and<br />
emphasized on the role of consumers in discharging their role in the present<br />
148
global scenario. He appealed for ethical standards in business transaction and<br />
also greater understanding of consumer behaviour pattern.<br />
Dr Mamta Pathania, Assistant Professor ,Centre for <strong>Consumer</strong> <strong>Studies</strong>,<br />
<strong>II</strong>PA ,New Delhi in her presentation quoted the words of wisdom of Mahatma<br />
Gandhi ― Earth provides enough to satisfy every man‘s need but not every man‘s<br />
greed.‖ indicating the aggressive consumerist culture of the present time.<br />
Conceptualizing the nature of globalisation and its trends, she analyzed the<br />
changing dynamics of consumer preferences and showed concern for the<br />
emerging rural consumers who get carried away by advertisements. Though<br />
globalisation has had its benefits it has also led to deficiencies in services in key<br />
sectors like medical, banking, insurance, electricity and others. Lack of machinery<br />
and awareness of redressal procedures have put the consumers at times in the<br />
dock. She highlighted the right choices that have to be adopted to protect against<br />
wrong deals. <strong>Consumer</strong> education, involving Panchayats, building capacity of the<br />
local officials and strengthen mechanisms of consumer redressal at all levels<br />
would help in strengthening the consumer movement.<br />
The presentations were followed by a brain storming session where<br />
members raised several questions and clarifications over various issues and how<br />
best the consumers can be protected in an ever expanding consumerist culture.<br />
In his concluding observation, the Hony. Secretary of the regional branch,<br />
Dr. Pratip Kumar Mishra focused on the idea that today‘s consumers are part of<br />
the global market, and more so of the cyber market. He said laws can only<br />
protect them if they are properly enforced. If there is a failure of the redressal<br />
machinery then the people will question the character of a democratic polity.<br />
<strong>Consumer</strong> protection laws will have little practical use if they are not able to<br />
protect the consumers in the global economy. Along with the government, nongovernmental<br />
organizations, media and the civil society are to play a very<br />
constructive role in this regard. The seminar came to its logical conclusion with a<br />
formal Vote of Thanks by Shri Damodara Pradhani, Hony. Treasurer, <strong>II</strong>PA<br />
,Odisha Regional Branch to the Chair, Guest Speakers, Members, Media and the<br />
Special Invitees and the Centre for <strong>Consumer</strong> <strong>Studies</strong> for their support in<br />
conducting the seminar.<br />
149
The seminar concluded with the following recommendations and observations:<br />
1. <strong>Studies</strong> need to be carried out to assess the real impact of<br />
globalization on the consumers. Has it really benefitted the consumers<br />
or led to further exploitation.<br />
2. As the market has changed both in terms of products and services<br />
there is need to create awareness and educate the consumers about<br />
their rights and obligations.<br />
3. Steps need to be taken to stop the dumping of inferior quality goods<br />
into the market especially the Chinese goods. They are harmful to the<br />
consumers.<br />
4. <strong>Consumer</strong> responsibility is to be developed among the consumers to<br />
make every effort to inform them about the products and services and<br />
help them make purchase decision.<br />
5. <strong>For</strong>mulation of specific policies for the welfare of the specific consumer<br />
groups particularly in the rural areas.<br />
6. People need to be motivated to change personal consumption habits<br />
to avoid wastage of resources. Consumption patterns need drastic<br />
changes to become sustainable.<br />
7. The market should develop specific redressal mechanism at its own<br />
level rather than forcing consumers to go to the District <strong>For</strong>ums which<br />
takes a lot of time.<br />
8. Focus has to be on protecting the rural consumers. The district<br />
machinery should check weight and measures, drugs menace and also<br />
the flow of spurious products in the rural markets.<br />
9. Need for awareness, availability, affordability, application and<br />
accountability which are crucial in strengthening the base of rural<br />
marketing.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
150
151
Two Day National Seminar<br />
on<br />
“<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare‖<br />
at<br />
Madurai Institute of Social Sciences, Tamil Nadu<br />
(January 06-07, 2012)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA organized Two day National<br />
Seminar on ―<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare‖ on January 6-7, 2012<br />
in collaboration with Madurai Institute of Social Sciences, Madurai, T.N. Around<br />
44 participants participated in the seminar which included academicians,<br />
members of VCOs/ NGOs, representatives of consumer cooperative societies<br />
and students. The objectives of the Seminar were to: acquaint the participants<br />
with the need and importance of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare;<br />
enhance their knowledge and skill in the area of <strong>Consumer</strong> Protection and<br />
Welfare; acquaint the participants with <strong>Consumer</strong> Protection Act and redressal<br />
mechanism available under the Act; and build their capacity in the area to enable<br />
them to take the consumer movement forward.<br />
Participants of Two day National Seminar on <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare<br />
Prof. S. Koodalingam, Principal, Madurai Institute of Social Sciences<br />
welcomed the dignitaries and participants and provided an overview of the<br />
activities of the Institute. He said that the mission of the institute is to provide<br />
quality education with affordable cost. The Institute is basically catering to the<br />
152
needs of the rural poor students and also getting them good placement. The<br />
institute offers nine UG, three PG programmes, and M.Phil/ Ph.D on<br />
management courses. It is also organizing several Training Programmes,<br />
workshops etc for government officials on various issues. It is pioneering Institute<br />
in sector of social service. The institute has been organizing awareness<br />
programme at local and national levels.<br />
In his Introductory Remarks Prof. R. Manikandan provided the objective<br />
and rationale for the Seminar. He said that the <strong>Consumer</strong> Protection Act was<br />
enacted on December 24, 1986 to protect the rights of the consumers. But still<br />
after more than two decades of its enactment the consumers are not aware of<br />
their rights. Thus it becomes important and imperative to organise such<br />
programmes to generate awareness among masses and to educate them<br />
regarding their rights and duties to build a strong consumer movement. The<br />
objective of the seminar thus to sensitize the students and participants about<br />
rights as consumers and to make them aware about the remedies available<br />
under the <strong>Consumer</strong> Protection Act.<br />
On the occasion Presidential Address was delivered by Dr. (Capt) D.V.P.<br />
Raja, Founder and Chairman, MISS. He said that he was grateful to <strong>II</strong>PA and<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong> for collaborating in the programme and providing<br />
the grant for the same. The <strong>Consumer</strong> Protection is a very vital issue which<br />
affects all of us as consumers especially the rural consumers who are illiterate<br />
and ignorant. The main objective of the Seminar is to generate awareness. A lot<br />
of effort is being put by the Department of <strong>Consumer</strong> Affairs through a number of<br />
initiatives undertaken but still majority of the people are unaware of their<br />
consumer rights. There is need to take the awareness to the grass root levels for<br />
which it is pertinent to organize such programmes. Consumption is increasing<br />
and consumerism is developing in the country. The unsustainable pattern of<br />
consumption is leading to more problems. It makes it desirable that the<br />
consumers must maintain a healthy pattern of consumption adopting the<br />
principles of Reduce, Reuse and Recycle. In the era of globalisation the<br />
consumers are also being exploited by producers and service providers in<br />
diverse ways so the question of protection of consumers becoming more relevant<br />
than ever before<br />
153
Dr. K.N. Srivastava, <strong>For</strong>mer<br />
Vice-President, <strong>II</strong>PA in his Address<br />
said that the citizenship is by birth but<br />
a child is a consumer even before he<br />
takes birth. <strong>Consumer</strong> is basically a<br />
person who gets affected by the<br />
economic activities of the market. He<br />
said that the Right to Information Act<br />
and <strong>Consumer</strong> Protection Act, 1986<br />
are the most important pieces of<br />
social welfare legislation which have<br />
Dr. K.N. Srivastava, <strong>For</strong>mer Vice-President,<br />
<strong>II</strong>PA addressing the participants<br />
given tremendous power to the citizens. The <strong>Consumer</strong> Protection Act is a<br />
milestone in consumer movement and has provided new roadmap to<br />
consumerism. Parliament passed CPA on 24 th December, 1986 and that‘s why<br />
we celebrate December 24 as National <strong>Consumer</strong> Day. The procedure under<br />
other laws are very lengthy, tardy and complicated making things very difficult for<br />
the consumers whereas CPA provides very simple procedure where the<br />
consumer can get quick justice. There must be a procedure for redressal, other<br />
rights will become meaningless. That‘s why the CPA provides for quasi-judicial<br />
structure at District, State and National level for redressal of grievances.<br />
It was John F. Kennedy who initially provided four rights to consumers -<br />
right to safety, right to choose, right to be informed and right to be heard to which<br />
four more rights were added by <strong>Consumer</strong> International viz. Right to healthy<br />
environment, right to basic needs, right to redressal and right to consumer<br />
education. The <strong>Consumer</strong> Protection Act gives six rights to the consumers: right<br />
to safety, right to choose, right to be informed, right to be heard, right to redressal<br />
and right to consumer education. The Act ensures safety of consumers from any<br />
hazardous goods and services. There must be a safety from what we use or<br />
consume. The drugs purchased by the consumers must always be associated<br />
with instructions as how to take them. Under right to choose, the decision should<br />
not be entrusted on a person and he must be provided an option to decide as per<br />
his requirement. <strong>Consumer</strong> must be provided adequate and correct information<br />
and in case he gets cheated right to be heard and redressal must be easily<br />
available to him.<br />
154
The major impediment in the exercise of rights by the consumers is the<br />
lack of awareness. The government has taken initiatives like ‗Jago Grahak Jago‘<br />
campaign on T.V. and radio with the idea to make people aware about rights. The<br />
problem is more serious in rural areas where cheating, sale of substandard<br />
products and look alikes is more rampant. Even producers are also users and<br />
consumer of other goods for which they can be cheated. That‘s why they need to<br />
adopt ethical practices by the business which will benefit all in the society.<br />
Though the government has taken a lot of initiatives still the consumer movement<br />
is riddled with many problems- lack of infrastructure in the <strong>For</strong>ums, delay in<br />
appointment of members in the forums, increasing pendency of cases etc. Thus<br />
there is need to more steps to make the CPA more effective. Setting up of Lok<br />
adalats for quick disposal is also a good option. In these forums the advocates<br />
are being appointed where retired judges are not available which is also causing<br />
problems. To enhance knowledge of the students, there is need to make the<br />
consumer protection compulsory in the curriculum of schools and colleges.<br />
The Seminar was inaugurated<br />
by Prof. N.P. Singh, Chairman,<br />
Standing Committee, <strong>II</strong>PA. Speaking<br />
on the occasion he said that the topic<br />
of consumer protection is very<br />
important and relevant in the present<br />
era of globalization, liberalization and<br />
free trade economy. Quoting Mahatma<br />
Gandhi he emphasized that for the<br />
business the consumer is next to God<br />
and consumer satisfaction should be the ultimate aim of the market. <strong>Consumer</strong><br />
Protection Act, 1986 is no doubt a potent weapon in the hands of the consumers<br />
and has given enormous power to them to fight against the unscrupulous and<br />
unfair trade practices in the market. But mere enactment of the law giving rights<br />
to consumers is not sufficient. There is need for proper implementation of the Act<br />
and giving more powers to the redressal mechanism to make them more effective<br />
and efficient.<br />
Prof. N.P. Singh, Chairman, Standing Committee,<br />
<strong>II</strong>PA delivering the Inaugural Address<br />
155
He also emphasised on the need for ethics in business as nothing can be<br />
achieved without ethics. But today business ethics and corporate social<br />
responsibility have become mere expressions which have not much relevance for<br />
the business. The profit is the only principle which they follow. The pendency in<br />
the civil courts today is very high the Supreme Court has itself said that there are<br />
3.5 crore cases pending in the courts which cannot be solved even in 5 years.<br />
The consumer forums which were established with an idea to give quick relief to<br />
the consumers are also going the same way. In such a scenario protection is<br />
better than cure and protection from exploitation can be achieved only if the<br />
consumers are vigilant. There is need to gain and distribute knowledge and<br />
information. Awareness is the key solution to all problems. <strong>For</strong>eign countries like<br />
China are dumping their substandard products into Indian markets thereby<br />
destroying our economy and putting the lives of our people in danger. These are<br />
dangerous products but still people buy them as they are cheap. The lack of<br />
awareness is the main reason for this. There is need to satisfy the consumers<br />
with the quality products and efficient services. Thus there is need for raising<br />
quality of Indian product and create a demand and market for the same which is<br />
possible only by adopting standards for the products and services. To educate<br />
the present younger generation is most essential as they are the people who are<br />
future f the country and can being a real change in the society. The VCOs and<br />
NGOs also important pillar of the consumer movement and can play a vital role in<br />
educating the masses.<br />
Prof. Suresh Misra, Chair Professor and Coordinator, CCS, <strong>II</strong>PA in his<br />
Keynote Address said that today the consumer is encircled with a culture of<br />
desires where none previously existed. The aspirations and desires of consumer<br />
are very high which are also leading to his exploitation by the market. We all as<br />
consumers are victims of unfair trade practices but we don‘t know what to do. He<br />
emphasized that the problem with the consumer movement is that everybody<br />
except the consumers are united and organized. Thus there is need to educate<br />
and make consumers aware about their rights and unite them to fight for their<br />
rights. In this direction the Department of <strong>Consumer</strong> Affairs, GoI has started a<br />
number of schemes.<br />
156
As a part of large number of measures undertaken by the Department of<br />
<strong>Consumer</strong> Affairs, Government of India for protection of consumers, it<br />
established the Centre for <strong>Consumer</strong> <strong>Studies</strong> at <strong>II</strong>PA in 2007 and also given a<br />
Consultancy Project. The aim of the Centre is to protect and promote consumer<br />
rights with special emphasis on rural consumers. The broad activities of the<br />
Centre include training, research, advocacy, consultancy and networking with<br />
other institutions and organisations. The Centre is involved in training of<br />
personnel involved in the administration of <strong>Consumer</strong> Protection Act. Besides this<br />
the Centre is also organizing a number other training programmes, workshops,<br />
conferences for a number of stakeholders on issues of topical importance. The<br />
Centre also brings out a number of publications on various issues related to<br />
consumer protection. This includes books, monographs, publicity material and e-<br />
newsletter. He said while organising activities we give priority to the branches of<br />
<strong>II</strong>PA to develop link between <strong>II</strong>PA and its branches.<br />
The problem with consumer movement is that everybody except the<br />
consumers is organized. There is need for all the stakeholders to come together<br />
to make the movement a success. The government, consumers, business and<br />
the civil society organisations all should come together to take movement<br />
forward. The VCOs and NGOs can play a very important role in consumer<br />
movement as they can generate awareness at the grass root levels. It is good<br />
that Tamil Nadu has good pool of NGOs working in the area. This is 25 th year of<br />
CPA enactment, and we are celebrating this by organizing a number of activities<br />
throughout India. The purpose is to make people aware that there is a legislation<br />
which provides them a simple and speedy remedy for redressal of their<br />
grievances against the traders and service providers. In the ad on 24 th<br />
December 2011 on the occasion of the National <strong>Consumer</strong> Day the Department<br />
has highlighted two important issues, misleading ads and food wastage. One<br />
relates to the rights of consumers and other highlights the duty of consumers.<br />
The Centre conducted a study on the food wastage in social gatherings in<br />
which the food wastage level was found to be very high. Rights no doubt are<br />
required to be protected but we should also be cautious about our duties. Most of<br />
the time on making purchase we don‘t take receipt merely because we have to<br />
pay tax. As an aware consumer we must go to an authorized dealer and<br />
157
purchase product with cash memo. We must question the service providers while<br />
hiring services. We pay but we don‘t know what services we have subscribed to.<br />
We all are silent sufferers; we don‘t want to fight for our rights. If something<br />
happens business will unite but not the consumers. The problem of consumer<br />
exploitation is more in rural areas. There is need to reach the rural areas, that‘s<br />
why we are going to the PRIs and collaborating with SIRDs to train people in rural<br />
areas.<br />
There are lot of misleading ads which give wrong and misleading<br />
information to consumers like reduce weights in days by using a drug etc. Many<br />
consumers go and use the products with adverse medical effects. The<br />
government is now looking at these misleading ads and has formed a committee.<br />
Basically there is need for a regulator to control the media. However, as soon as<br />
the Minister announced that the sector is going to have a regulator, there was a<br />
lot of hue and cry. Finally the Prime Minister had to intervene and make a<br />
statement that there would not be a regulator. Now the only solution to protect<br />
oneself from all these exploitative practices is to stand up for your rights and raise<br />
your voice for any cheating and get organized.<br />
The seminar was divided into a number of thematic sessions which were.<br />
In the session on ‗<strong>Consumer</strong> Protection Act‘ Prof. Suresh Misra, CCS, <strong>II</strong>PA<br />
illustrated the need and importance of <strong>Consumer</strong> Protection in the emerging<br />
world order. He focused on various problems being faced by the consumers and<br />
illustrated the lack of concern among the business towards consumer welfare. He<br />
traced the national and international development in the area. He also highlighted<br />
the purpose and important provisions of <strong>Consumer</strong> Protection Act. Dr. Sapna<br />
Chadah, CCS, <strong>II</strong>PA made a presentation on ‗Medical Negligence and <strong>Consumer</strong>‘<br />
highlighting the duties and responsibilities of the doctors towards their patient.<br />
She also said that the doctor is a service provider and patient a consumer and<br />
doctor can be held responsible for negligence under the <strong>Consumer</strong> Protection<br />
Act. She provided instances of negligence through a number of cases decided<br />
by the Supreme Court and the National Commission. She also highlighted the<br />
responsibilities of consumers while undergoing treatment.<br />
158
Mr. Thilip Kumar, Advocate, High Court spoke on Right to Information Act,<br />
2005. He explained the various important provisions of the Act like what is<br />
information, from where information can be asked, who is responsible for<br />
providing information, which information is excluded from purview of the Act. He<br />
explained the procedure for seeking information. He said that both RTI and CPA<br />
are social welfare legislations and the information gained under RTI can be used<br />
by the consumer for redressal under CPA as well. Mr. Eswaran, Senior Food<br />
Analyst, Government of T. N. highlighted the various kind of problems consumers<br />
face in the food sector. He also explained the kinds of adulteration taking place in<br />
the market and how consumers can find them out. He explained the objective<br />
and rationale of Food Safety and Standards Act, 2006 and described the<br />
machinery created under the Act. Mr. M.P. Rajan, Advocate spoke on ‗<strong>Consumer</strong><br />
Awareness on Unfair Trade Practices‘. He described the concept of Unfair Trade<br />
Practice under the <strong>Consumer</strong> Protection Act and also gave instances of Unfair<br />
Trade Practices being adopted by business through various decided case laws.<br />
He emphasised on the need for generating awareness among consumers so that<br />
they know about such practices and are in a position to protect themselves. Mr.<br />
S. Tamizharasan, Senior Advocate & President, CRPC, Madurai made a<br />
presentation on ‗Functions of Redressal <strong>For</strong>ums‘. He described the three tier<br />
structure of the redressal mechanism under the CPA, their pecuniary and<br />
territorial jurisdiction and the procedure being followed by them. He explained the<br />
participants how they can file the complaint in the <strong>For</strong>um. He also highlighted the<br />
activities being undertaken by his organisation to help the consumers in getting<br />
relief.<br />
In the Valedictory Session, Dr. D.V.P. Raja, Founder & Chairman, MISS<br />
presenting a briefer port of the programme said that two days have seen a lot of<br />
exchange of thoughts and deliberations leading to a lot of information exchange<br />
on the topic. He hoped that the participants will percolate the information to the<br />
grass root-level generating awareness where it is actually required. We all are<br />
consumers and face problems in the marketplace every time we make a<br />
purchase but don‘t take them seriously. Unfortunately this is the attitude we have<br />
developed, to take things very lightly. To bring a change in the attitude such<br />
activities and programmes are required. There is need to make consumer<br />
movement a success for which we all need to contribute in our own way. This<br />
159
training programme is just a beginning, there is need for more such programmes<br />
which can enlighten not only the educated but also the uneducated, rural and<br />
vulnerable sections of the society.<br />
Mr. S. Thamizharasan, President, CRPC in his Presidential Address said<br />
that after two days we are carrying with us baggage full of information on the<br />
issue which affects all of us in day to day life. We need to use this information for<br />
the welfare of the society as a whole. This way we can definitely contribute<br />
positively to the society and can bring a change in the attitude of the traders and<br />
service providers. At present each of us is contributing negatively to nation<br />
building. We are polluting our rivers, destroying environment through our<br />
unsustainable ways of living. Our doctors are ill-treating patients; advocates are<br />
doing injustice to the client. We should admit our mistakes and negative attitudes<br />
and rectify them. Only when an Individual becomes right person; the nation and<br />
the world would become the right place to live. Teachers, policy-makers and<br />
members of VCOs have participated in the seminar, they should take the<br />
message to grass root level, generating awareness about consumer rights and<br />
duties; only then the purpose of organising such activities would be fulfilled.<br />
Prof. Suresh Misra, Chair Professor and Coordinator, CCS, <strong>II</strong>PA in his<br />
Address said that at the end of such a programme what exactly matter is<br />
participants‘ perception of what they have achieved. Two day is a short period to<br />
look at the area of consumer protection which is very vast and wide. All of us<br />
know what is good or bad. But the problem is that most of us are impulsive<br />
buyers. It has been proved that the moment we postpone buying to a later stage,<br />
in 50% of cases the consumers don‘t buy as it gives them time to think whether<br />
they really need it or not. Most of the time the rationale to buy is that it is the<br />
latest model. As long as things are functioning there is no need to change them.<br />
Don‘t get trapped into the competitive catch of market.<br />
He said that enacting a law is easy but to properly implement it is the most<br />
difficult task. The people manning the law are more important than the enactment<br />
of law. Under CPA it takes 6-8 months to appoint the member which makes the<br />
<strong>For</strong>ums/Commission non-functional for almost one year. This automatically leads<br />
to pendency. People without adequate knowledge are appointed. The law is very<br />
160
good but its implementation and enforcement requires thinking and change.<br />
There is need to bring change in attitude of people as well. Mostly consumers<br />
approach the forums with the help of advocates who unnecessarily complicate<br />
the matter. You can fight your case yourself in the forum, you are competent<br />
enough and don‘t need advocate. People have fought cases upto NC on their<br />
own without help of advocates. Have confidence in yourself and forums generally<br />
are consumer friendly. To generate awareness do celebrate National <strong>Consumer</strong><br />
Day and World <strong>Consumer</strong> Rights Day in schools and colleges though it may be<br />
even for 10 minutes. Raise your voice where ever you feel that wrong is being<br />
done to you. Like in Telemarketing all of us were getting disturbed but nobody<br />
raised the voice. It was on person who raised the issue, took the matter to the<br />
forum and now you have Do Not Disturb Registry which has benefitted all of us.<br />
Such initiatives are required from each one of us then only we can make a<br />
difference in the attitude of the market.<br />
The Programme ended with a Vote of Thanks from Mr. G. Ramamoorthy,<br />
Programme Coordinator, MISS.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
161
75 th Orientation Training Programme for the Presidents and<br />
Members of the District <strong>Consumer</strong> <strong>For</strong>ums<br />
(February 13-17, 2012)<br />
The Seventy-fifth Orientation Training Programme for the Presidents and<br />
Members of the District <strong>Consumer</strong> <strong>For</strong>ums was organised by the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, the Indian Institute of Public Administration, New Delhi from<br />
February 13-17, 2012. The programme was sponsored by the Department of<br />
<strong>Consumer</strong> Affairs, GoI. Thirty four participants, which included 16 Presidents and<br />
18 Members, attended the programme. The participants were from the state of<br />
Karnataka and Kerala. The objective of the programme was to build the capacity<br />
of the Presidents and Members of the District <strong>For</strong>ums to enable the redressal<br />
mechanism function effectively.<br />
Participants of 75 th Orientation Training Programme<br />
Participants introducing themselves<br />
The Programme Coordinators<br />
Prof. Suresh Misra and Dr. Sapna<br />
Chadah welcomed the participants<br />
and briefed them about the<br />
programme objectives, contents and<br />
expectations from each participant.<br />
The participants while introducing<br />
themselves provided information<br />
162
about their educational qualification, work experience and the working of the<br />
District <strong>Consumer</strong> <strong>For</strong>um. While highlighting the working of the District <strong>Consumer</strong><br />
<strong>For</strong>ums, the participants gave an account of the nature of complaints, total<br />
number of pending cases, monthly disposal of cases and the time taken for the<br />
disposal of complaints. They also shared information about availability of<br />
infrastructure facilities and working environment, including facilities available to<br />
them. The participants in general highlighted the various problems faced by them<br />
in discharging their responsibilities. The objective of the programme was to<br />
enhance the skills of the participants and also to acquaint them with the latest<br />
developments and judgments in the area of consumer jurisprudence.<br />
The Programme Coordinators<br />
briefed the participants about the<br />
activities of <strong>II</strong>PA and Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>. The participants<br />
were informed that as a part of large<br />
number of measures undertaken by<br />
the Department of <strong>Consumer</strong> Affairs,<br />
Government of India for protection of<br />
consumers, it has established the<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong> at <strong>II</strong>PA<br />
and also given a Consultancy Project. The Centre for <strong>Consumer</strong> <strong>Studies</strong> is a new<br />
Centre at <strong>II</strong>PA which is fully funded and supported by DCA. It is a unique type of<br />
Centre to protect and promote the rights of consumers with special emphasis on<br />
rural consumers. They highlighted the various activities conducted by the Centre.<br />
The broad activities of the Centre include training, research, advocacy,<br />
consultancy and networking with other institutions and organisations. The Centre<br />
is involved in training of personnel involved in the administration of <strong>Consumer</strong><br />
Protection Act. Besides this the Centre is also organizing a number other training<br />
programmes, workshops, conferences for a number of stakeholders and national<br />
seminar on issues of topical importance. The Centre also brings out a number of<br />
publications on various issues related to consumer protection. This includes<br />
books, monographs, publicity material and e-newsletter.<br />
Programme Coordinators briefing the<br />
participants<br />
163
Prof. Suresh Misra providing an overview of<br />
<strong>Consumer</strong> Protection<br />
The programme was divided<br />
into a number of thematic sessions. In<br />
the introductory session on<br />
‗<strong>Consumer</strong> Protection: An Overview‘<br />
Prof. Suresh Misra illustrated the<br />
need and importance of <strong>Consumer</strong><br />
Protection in the emerging world<br />
order. He focused on various<br />
problems being faced by the<br />
consumers and illustrated the lack of<br />
concern among the business towards consumer welfare. He also gave a<br />
comprehensive picture of the international dimension of <strong>Consumer</strong> Protection<br />
and traced the growth of consumer movement. He highlighted that it is in the<br />
interest of the business to provide quality products and services to the<br />
consumers. Dr. Sapna Chadah in her presentation on ‗<strong>Consumer</strong> Protection Act<br />
and Rule‘ analysed the legal history of consumer protection in India and the<br />
rationale for enactment of the <strong>Consumer</strong> Protection Act in 1986. She gave a<br />
bird‘s eye view of the CP Act and its various provisions. Illustrating her point with<br />
a number of examples and judgments of the National Commission and the<br />
Supreme Court Dr. Sapna focused on the outcome in terms of relief to the<br />
consumers and the development of consumer case law. In the session on<br />
‗<strong>Consumer</strong> Education and Awareness‘ Dr. Mamta Pathania discussed in detail<br />
the ways and means to educate the consumers and enhance awareness. She<br />
also gave an account of the various programmes and policies of the Department<br />
of <strong>Consumer</strong> Affairs to educate the consumers.<br />
Justice J. D. Kapoor, <strong>For</strong>mer President,<br />
Delhi SCDRC addressing the participants<br />
164<br />
Interacting with participants on<br />
the theme ‗Working of Adjudicatory<br />
Bodies: Procedural Aspects‘ Justice J. D.<br />
Kapoor, <strong>For</strong>mer President, SCDRC,<br />
Delhi elaborated certain administrative<br />
and procedural aspects relating to<br />
working of District <strong>For</strong>ums and also<br />
clarified a number of legal aspects with
the help of case laws. The other sessions were on Defective Goods & <strong>Consumer</strong><br />
and Banking & <strong>Consumer</strong> by Dr. G.K. Kapoor; Medical Negligence and<br />
<strong>Consumer</strong> by Prof. M.K. Balachandran; Housing and <strong>Consumer</strong> by Shri Rabindra<br />
Bana; Insurance and <strong>Consumer</strong> by Shri S.M. Tripathi, and Transport and<br />
<strong>Consumer</strong> by Shri S.K. Sharma.<br />
Group Presentation by the participants<br />
The programme was<br />
participatory in nature. The<br />
participants were divided into various<br />
groups to work on case laws. The<br />
objective was to help the new<br />
members to understand case law and<br />
interpret various provisions in a case<br />
law. The participants presented their<br />
reports and the Presidents gave their<br />
comments on the analysis of case<br />
laws followed by discussion. Apart from this the participants were given a<br />
comprehensive input on Judgment Writing and how a good and effective<br />
judgment is to be written. A good judgment should highlight the facts and the<br />
parties should be able to understand the order. The participating members were<br />
given specific cases on which they had to write their judgments. The judgments<br />
were discussed before a panel consisting of the Programme Coordinators and<br />
the Presidents of the District <strong>For</strong>ums.<br />
Hon’ble Justice Ashok Bhan, President,<br />
NCDRC and Hon’ble Justice R.C. Jain,<br />
Member, NCDRC interacting with the<br />
participants<br />
During the Programme the<br />
participants visited the National<br />
Commission and observed the<br />
proceedings of the Commission.<br />
They also met Hon‘ble Justice Shri<br />
Ashok Bhan, President, NCDRC and<br />
Hon‘ble Justice Shri R.C. Jain,<br />
Member, NCDRC. They inquired<br />
about the working conditions at the<br />
forums and problems faced by the<br />
Members. They also clarified a<br />
165
number of doubts, relating to honorarium and legal interpretations of the<br />
provisions of the CPA, raised by the participants.<br />
Views/opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
13 20 1 -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
19 13 2 -<br />
3. How useful is the training likely to be in future jobs that your may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful NC<br />
17 14 2 - -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all<br />
12 14 6 1<br />
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant Not at all relevant NC<br />
16 14 3 - 1<br />
166
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied<br />
to a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 16 8 6 1 1<br />
b. Residential<br />
accommodation<br />
c. Food quality and<br />
service<br />
d. Class room<br />
Facilities<br />
e. Interaction with the<br />
Faculty<br />
NC/<br />
NA<br />
10 7 13 3 1<br />
11 8 12 1 2<br />
27 2 4 - 1<br />
18 8 7 - 1<br />
f. Recreation Facilities 10 10 10 1 3<br />
167
7. Assessment of Training Faculty/sessions (34 Participants responded)<br />
Sl.<br />
No.<br />
Topic Name of Speaker Assessment<br />
Excellent Very<br />
Good<br />
Good Fair<br />
NC<br />
1. <strong>Consumer</strong> Protection: An Overview Suresh Misra 12 15 6 - 1<br />
2. <strong>Consumer</strong> Protection Act/ Rules Sapna Chadah 14 12 7 - 1<br />
3. <strong>Consumer</strong> Education and Awareness Mamta Pathania 8 15 9 1 1<br />
4. Art of Judgment Writing Sapna Chadah 11 13 6 1 3<br />
5. Working of Adjudicatory Bodies:<br />
Procedural Aspects<br />
Justice J. D.<br />
Kapoor<br />
8 12 11 2 1<br />
6. Defective Goods and <strong>Consumer</strong> G. K. Kapoor 8 15 7 1 3<br />
7. Banking and <strong>Consumer</strong> G. K. Kapoor 7 16 9 1 1<br />
8. Medical Negligence and <strong>Consumer</strong> M. K. Balachandran 12 14 5 1 2<br />
9. Case Law Discussion Suresh Misra<br />
Sapna Chadah<br />
8 18 6 - 2<br />
10. Housing and <strong>Consumer</strong> Ravindra Bana 6 16 9 1 2<br />
11. Visit to NCDRC Suresh Misra<br />
Sapna Chadah<br />
15 12 6 - 2<br />
12. Insurance and <strong>Consumer</strong> S. M. Tripathi 7 13 8 2 4<br />
13. Case Law Presentation Suresh Misra<br />
Sapna Chadah<br />
14. Presentation of Judgment Suresh Misra<br />
Sapna Chadah<br />
6 17 8 - 3<br />
7 14 10 - 3<br />
15. Transport and <strong>Consumer</strong> S. K. Sharma 4 12 9 1 8<br />
168
8. Which parts of the course did you find most helpful<br />
All 9<br />
Medical Negligence and <strong>Consumer</strong> 7<br />
Case Law Discussion and Presentation 7<br />
Housing and <strong>Consumer</strong> 3<br />
Presentation of Judgment 3<br />
Art of Judgment Writing 2<br />
Insurance and consumer 2<br />
<strong>Consumer</strong> Protection: An Overview 2<br />
Defective Goods and <strong>Consumer</strong> 1<br />
Banking and <strong>Consumer</strong> 1<br />
9. Which parts of the course did you find least helpful<br />
None 11<br />
Banking and <strong>Consumer</strong> 2<br />
Working of Adjudicatory Bodies 1<br />
Art of Judgment Writing 1<br />
<strong>Consumer</strong> Protection Act/ Rules 1<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair<br />
7 17 10 -<br />
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
33 1 -<br />
169
Lectures on various topics by the speakers with recent decisions<br />
improved the knowledge.<br />
Got an idea for writing the judgments and gained knowledge about<br />
<strong>Consumer</strong> Protection Act.<br />
The speakers gave key points on how to appreciate CP Act provisions<br />
and arrive at final conclusion.<br />
The books, brochures and material supplied were good.<br />
Helpful in judgment writing.<br />
The concepts like award of compensation, deficiency in service and<br />
defect in goods were clarified.<br />
Knowledge imparted will make functioning of the <strong>For</strong>um more effective<br />
and consumer friendly.<br />
We were enriched further to appreciate the legal dimensions of the case<br />
laws developed in the area of consumer protection.<br />
The course will enable us to write judgments in better manner.<br />
Cleared doubts on the application of law.<br />
Increased consumer education and awareness.<br />
Inculcated the idea that the Act is beneficial legislation for consumers.<br />
The programme will help to serve better in the District <strong>For</strong>um.<br />
12. Any other comments/ observations you wish to make about the course.<br />
Hostel maintenance requires improvement and rooms need renovation.<br />
Boarding and lodging facilities need to be improved.<br />
Visit to important places may be arranged.<br />
The duration of the Programme may be increased.<br />
Very helpful course.<br />
Will like to attend the course again if opportunity is provided.<br />
The programme be organized every year in the concerned state itself.<br />
The training should be imparted at the initial stage of the career as<br />
Member of District <strong>For</strong>um.<br />
A course like this should be conducted in every state once in a year.<br />
The programme is of short duration and duration needs to be extended to<br />
10 days.<br />
The food pattern may be improved by changing food items daily.<br />
The Supreme Court and High Court Judges be invited as faculty.<br />
The training may be conducted in the Judicial Academy.<br />
170
We would like to place on record that the practice followed in the Indian<br />
Institute of Public Administration is to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
This report would be incomplete, if we do not record our appreciation for<br />
the help rendered by the officers and staff of the Administration and Training<br />
Sections of the Institute. Dr. Naresh Kumar (Registrar) and Dr. C. Giri (Deputy<br />
Registrar, Academic Support), and Shri Vijay Sharma (Training Assistant)<br />
deserve special mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude<br />
to Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance, encouragement and proactive<br />
interest. We are also thankful to our colleagues in the Centre for their<br />
unstinted support and co-operation but for which the programme could not have<br />
been organised in a befitting manner. The credit for success of the programme<br />
goes to the entire team. We are also grateful to the Hon‘ble President and<br />
Members of the National <strong>Consumer</strong> Disputes Redressal Commission for<br />
providing opportunity to the participants to visit the Commission and observe its<br />
proceedings. In this regard efforts and support provided by Shri. H. D. Nautiyal,<br />
Registrar, NCDRC, deserves a special mention and appreciation. The Secretary,<br />
Additional Secretary and Joint-Secretary, Department of <strong>Consumer</strong> Affairs,<br />
Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution, Government of India,<br />
deserve special thanks for sponsoring the programme and reposing confidence<br />
and trust in the Indian Institute of Public Administration, New Delhi.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Course Coordinators<br />
171
Two Day Workshop on <strong>Consumer</strong> Protection and <strong>Consumer</strong><br />
Welfare in collaboration with the <strong>II</strong>PA Jharkhand Regional Branch<br />
(February 22-23, 2012)<br />
A Two Day Workshop on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was<br />
organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public<br />
Administration, New Delhi in collaboration with <strong>II</strong>PA Jharkhand Regional Branch from<br />
February 22-23, 2012. The Department of <strong>Consumer</strong> Affairs, Government of India,<br />
sponsored the programme. 120 participants attended the programme.<br />
The objectives of the workshop were to:<br />
<br />
<br />
<br />
<br />
<br />
to enhance the knowledge and skill of the participants in the area of<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare;<br />
understand the need and importance of <strong>Consumer</strong> Protection and Welfare<br />
and the role of various stakeholders;<br />
explain the various provisions of the <strong>Consumer</strong> Protection Act and other<br />
legislations having a bearing on <strong>Consumer</strong> Protection;<br />
discuss the legal dimensions of <strong>Consumer</strong> Protection in different service<br />
sectors such as electricity, telecom, banking, etc<br />
enhance knowledge and skill to provide consumers with information<br />
related to products and services<br />
Digritaries on the Dias<br />
172
Dr. M P Singh, Vice President, <strong>II</strong>PA Jharkhand<br />
Regional Branch delivering the Welcome Address<br />
The Programme commenced<br />
with a Welcome Address by Dr. M<br />
P Singh, Vice President, <strong>II</strong>PA<br />
Jharkhand Regional Branch. He<br />
briefed the participants about the<br />
objectives of the programme and<br />
the topics to be covered. The<br />
workshop started with welcoming<br />
of the guest and lighting of the<br />
lamp by the Guests followed by a<br />
welcome song.<br />
Prof. Suresh Misra, Chair<br />
Professor, CCS, <strong>II</strong>PA while<br />
addressing the participants said<br />
that the C P Act is one of the<br />
finest legislations but<br />
still the<br />
awareness level among masses<br />
is quite low. <strong>For</strong> making people<br />
aware of the consumer rights,<br />
the redressal machinery, and<br />
also to provide better services<br />
there is a need to develop<br />
confidence among consumers, making them self reliant by providing information.<br />
He highlighted that Centre for <strong>Consumer</strong> <strong>Studies</strong> is one such initiative of the<br />
Department of <strong>Consumer</strong> Affairs, which works as a nodal centre for training,<br />
research and consultancy in the area of consumer protection. He said that the<br />
Centre has been trying to involve various stakeholders in the consumer<br />
movement. It is by medium of such programmes that we are trying to bridge the<br />
gap between the stakeholders and the consumers at large. He stressed that<br />
translating education and awareness into action is what is required to be done<br />
.Both the service provider and the consumers need to be inculcated with the spirit<br />
of consumer protection.<br />
Prof. Suresh Misra, Chair Professor & Coordinator<br />
addressing the participants<br />
173
Shri Arun Kumar<br />
Singh, IAS, Principal<br />
Secretary, Department of<br />
Agriculture, Government of<br />
Jharkhand in his inaugural<br />
address said the workshop<br />
is very apt in the series of<br />
consumer movement. The<br />
Act has been in operation<br />
since 1986 but despite of<br />
this lot of consumers are not<br />
aware of their rights. He said<br />
that redressal of grievances of consumers should be accorded priority and for<br />
that simplification of the redressal mechanism is required to be conceptualized.<br />
Highlighting about the <strong>Consumer</strong> Protection Act, 1986 he said that it is a piece of<br />
social welfare legislation which protects the consumers against the unscrupulous<br />
manufacturers and service providers. Therefore, there is a need to make more<br />
and more people aware about this Act so that they can fight against dishonest or<br />
corrupt practices resorted to by the traders or service providers. He said that<br />
keeping in view the demand of present era no society will ever proceed with a<br />
desire to achieve for the future without making the people conscious about their<br />
rights and to make a society a better place to live in. The need of the hour is that<br />
consumer awareness and education should be taken to the rural masses and<br />
each of us should strive for it.<br />
Mr. A K Singh, IAS, Principal Secretary, Department<br />
of Agriculture, GoJ delivering the Inaugural Address<br />
174
Prof N P Singh, Chairman, Standing Committee, <strong>II</strong>PA,<br />
delivering the Special Address<br />
Chairman<br />
Prof N P Singh,<br />
Standing<br />
Committee, <strong>II</strong>PA, New Delhi<br />
while delivering the Special<br />
Address said that consumer<br />
protection is an area of great<br />
importance. He said the<br />
theme of the seminar is<br />
relevant and it is a time for<br />
the coming generations to<br />
speak for their rights,<br />
understand<br />
their<br />
responsibilities and be in pace with the consumer movement. Talking about the<br />
consumer awareness he highlighted that the <strong>Center</strong> of <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA is<br />
doing a commendable job by taking the consumer issues in toto and making the<br />
consumers all over India aware of the C.P Act and also about consumer rights.<br />
He stressed that today with the advent of liberalization things have changed. Due<br />
to lack of activism in this area we are confronted with numerous problems such<br />
as deficiency in services and adulterated and spurious products which are further<br />
leading to health hazards. He stressed that due to various marketing gimmicks<br />
the problems are rising in number as nowadays the problems and deficiencies<br />
come in good and attractive packages and therefore consumer protection has<br />
become more important in present scenario.<br />
175
Participants in the Workshop<br />
The Programme was divided into six Technical Sessions. <strong>Consumer</strong><br />
Welfare and <strong>Consumer</strong> Protection Act focused on the law and policy framework<br />
for <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare in India and <strong>Consumer</strong><br />
Protection Act/Rules giving a comprehensive picture of various consumer laws<br />
and particularly the <strong>Consumer</strong> Protection Act. <strong>Consumer</strong> Education and<br />
Awareness emphasized on the various schemes and programmes of the<br />
Department of <strong>Consumer</strong> Affairs aiming at generating awareness as consumer<br />
education and awareness is a basic consumer right and encompasses a wide<br />
spectrum of issues. Service Sector and the <strong>Consumer</strong> worked out interplay of<br />
different service sectors and specifically talked about ways and means to redress<br />
deficiency in service sector. Rural <strong>Consumer</strong>: Need for Protection was an effort to<br />
look into the change in the lifestyle, buying behaviour patterns of rural<br />
consumers, highlighting the rampant exploitation of rural masses due to<br />
globalization. Food Safety and <strong>Consumer</strong> focused on the need and importance of<br />
safe and healthy eating habits making the participants aware of the legal<br />
provisions under the law for food safety.<br />
176
Prof. Suresh Misra addressing the participants<br />
The First technical<br />
session ―<strong>Consumer</strong> Welfare<br />
and <strong>Consumer</strong> Protection Act‖<br />
was chaired by Dr. Bahadur<br />
Singh, Chairman, CIT,<br />
Tatisilwai and co chaired by Dr<br />
S K Jha, Joint Secretary, <strong>II</strong>PA,<br />
JRB. Prof. Suresh Misra, Chair<br />
Professor and Coordinator,<br />
CCS, <strong>II</strong>PA , New Delhi<br />
provided an overview of the<br />
law and policy framework for <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare in<br />
India and <strong>Consumer</strong> Protection Act/Rules which gave a comprehensive picture of<br />
various consumer laws and particularly the <strong>Consumer</strong> Protection Act in his<br />
presentation on <strong>Consumer</strong> Protection: An Overview<br />
Dr. Mamta Pathania addressing the participants<br />
The Second technical<br />
session on ―<strong>Consumer</strong><br />
Education and Awareness‖<br />
was chaired by Col. (Rtd) S K<br />
Sinha, HOD Management, S N<br />
Sinha Institute of Business<br />
Management, Ranchi and co<br />
chaired by Dr. S. K Jha,<br />
Associate Professor, Doranda<br />
College. Dr. Mamta Pathania,<br />
Assistant Professor, CCS, <strong>II</strong>PA,<br />
New Delhi focused her presentation on <strong>Consumer</strong> Education and Awareness,<br />
highlighting the various schemes and programmes of the Department of<br />
<strong>Consumer</strong> Affairs aimed at generating awareness which requires sustained<br />
efforts on the part of each and every individual as a consumer.<br />
177
The theme of Third Technical Session of day one was ―Service Sector and<br />
<strong>Consumer</strong>.‖ It was chaired by Shri Manoj Sinha, Deputy Director, JTDS, GoJ and<br />
Co –chaired by Prof. B. B. Verma, SNSIBM, Ranchi. Shri K C Pandey, GM,<br />
(Sales and marketing), BSNL, Jharkhand in his presentation highlighted the<br />
customer redressal system in the telecom sector making the consumers aware<br />
about their rights in the telecom sector and also the TRAI guidelines.<br />
On the second day, the Fourth Technical Session was on ―Rural<br />
<strong>Consumer</strong>: Need for Protection‖. It was chaired by Col. (Rtd.) S K Sinha, HoD,<br />
Management, SNSIBM, Ranchi and Co –chaired by Prof. B. B. Verma, SNSIBM,<br />
Ranchi. In this session Prof. Suresh Misra, Chair Professor and Coordinator,<br />
CCS, <strong>II</strong>PA, New Delhi focused his presentation on rural consumers. It was an<br />
effort to highlight the change in the lifestyle, buying behaviour patterns of rural<br />
consumers and drew attention of participants to the rampant exploitation of rural<br />
masses due to globalization.<br />
The theme of Fifth Technical Session was ―Food Safety and <strong>Consumer</strong>‖. It<br />
was chaired by Dr. Sunita Roy, Director, SNSIBM, Ranchi and co chaired by Dr.<br />
Jyotsna, SNSIBM, Ranchi. In this session Dr Mamta Pathania, Assistant<br />
Professor, CCS, <strong>II</strong>PA, New Delhi highlighted the need and importance of safe<br />
and healthy eating habits making the participants aware of the legal provisions<br />
under the law for food safety. Dr Dibya Mishra, SNSIBM, Prof. S R Prasad,<br />
SNSIBM and Dr R P Gope, Yogoda Mahavidyalaya also made their<br />
presentations on Food Adulteration and Misleading Advertisements.<br />
The Sixth Technical session was on Service Sector and the <strong>Consumer</strong>.<br />
The session was chaired by Shri R K Ranjan, Dy. Director, Department of Social<br />
Welfare, GoJ and co-chaired by Prof. S. R. Prasad, SNSIBM. In this session Mr.<br />
S C Mishra, Chief Engineer (Commercial & Revenue), JSEB, Ranchi focused his<br />
presentation on the issues related to consumers in the electricity sector and<br />
made the participants aware about the redressal mechanism in the electricity<br />
sector. Dr S K Jha, Associate Professor, Doranda College made his presentation<br />
on the service sector and the consumer and focused his presentation on<br />
protection of rural consumers. The main thrust of the programme was to acquaint<br />
178
the participants with the nature of problems that are faced by the consumers in<br />
various service sectors and the process of redressal of their complaints.<br />
The sessions were<br />
followed by a Panel<br />
Discussion. The panelists<br />
were: Shri A K Singh, Chief<br />
Executive Officer, ESSAR<br />
Steel and Power, Mumbai,<br />
Prof. N P Singh, Chairman<br />
Standing Committee, <strong>II</strong>PA,<br />
Prof. Suresh Misra, Chair<br />
Professor, <strong>II</strong>PA, New Delhi,<br />
Prof. S R Prasad and Prof.<br />
Dignitaries in the Panel Discussion Session<br />
(Col) S K Sinha, HoD, SNSIBM, Ranchi. In this session the participants asked<br />
many questions on different aspects of consumer Protection and related issues<br />
.The questions were well taken by the panelist. The session focused on<br />
increasing the awareness and education of the participants with regard to<br />
consumer protection.<br />
Shri A K Singh, Chief Executive Officer, ESSAR Steel and<br />
Power, Mumbai delivering the valedictory address<br />
179
On the concluding day, Shri A K Singh, Chief Executive Officer, ESSAR<br />
Steel and Power, Mumbai graced the valedictory session with his presence. In<br />
his Valedictory Address he congratulated <strong>II</strong>PA for the initiatives with regard to<br />
carrying the consumer movement forward. Talking about the importance of C P<br />
Act he said that as the aspirations of the people have changed with the changing<br />
economy due to competition there is a need to revisit the Act as the present<br />
system is not able to lessen the gap between the theoretical and practical<br />
application of the C P Act. He said that the C P Act needs to be improved as the<br />
present rate of awareness in different states is not sufficient. Fine tuning of the<br />
Act is what is required to make the consumer movement reach the masses. He<br />
stressed that the habit of buying three when only one is required is something<br />
which is leading to problems. Addressing to numerous issues he said that why<br />
can‘t we be happy with the things we have, why every person is in the rat race of<br />
consuming more than the other, are some of the questions confronting us ,the<br />
answer to which lies only in two words i.e. simple living.<br />
The programme ended with a formal vote of thanks by the Prof. S. R<br />
Prasad, SNSIBM. The programme was appreciated by the participants, who were<br />
of the view that such programme are useful and should be held at regular<br />
intervals.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Course Coordinators<br />
180
One day Inter-College Competition on <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare- “Consumidor’ 12”<br />
at<br />
Kamala Nehru College, New Delhi<br />
February 24, 2012<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, the Indian Institute of Public<br />
Administration, New Delhi organized one day Inter-College Competition Activities<br />
on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare-―Consumidor‘ 12‖ in<br />
collaboration with the <strong>Consumer</strong> Club of Kamala Nehru College, New Delhi on<br />
February 24, 2012. The objective was to educate the young minds regarding their<br />
consumer rights and spread consumer awareness among them. Around 200<br />
students from various colleges of University of Delhi participated in the activities.<br />
Dignitaries Lighting the Lamp<br />
The Programme began with lighting of Lamp by the dignitaries. Dr.<br />
Sadhana Maheshwari, Vice Principal welcomed all the dignitaries and<br />
participants to the programme. She said that consumer protection is an issue of<br />
contemporary relevance which affects all of us. The students are the future of the<br />
Nation. If they are trained and educated on these issues in schools and colleges,<br />
it will definitely empower them to fight for their rights. Further children are<br />
compulsive buyers; they want to purchase everything which fascinates them. In<br />
such a scenario it becomes important to spread awareness among them.<br />
181
Shri Rajiv Agarwal, Secretary, Department of<br />
<strong>Consumer</strong> Affairs, GoI delivering the<br />
Inaugural Address<br />
The programme was<br />
inaugurated by Shri Rajiv Agarwal,<br />
Secretary, Department of<br />
<strong>Consumer</strong> Affairs, Ministry of<br />
<strong>Consumer</strong> Affairs, Food and<br />
Public Distribution, Government of<br />
India. Quoting Mahatma Gandhi<br />
he said that the consumer<br />
satisfaction is the biggest purpose<br />
of the business. The objective of<br />
the <strong>Consumer</strong> Protection Act, 1986<br />
is to ensure that the consumer gets<br />
value for his money. The CP Act was enacted in pursuance of UN Guidelines on<br />
<strong>Consumer</strong> Protection adopted in 1985 which mandated member countries to<br />
enact laws for better protection of consumers and take initiatives to generate<br />
awareness among consumers. Inspite of the enactment of the Act the consumers<br />
are still victims of many unscrupulous practices like adulteration, short weights<br />
and measures, dubious hire purchase agreements, etc. Technological<br />
advancements no doubt have made available larger variety of goods and<br />
services to the consumers which are now a click away. But at the same time<br />
have posed further challenges for the consumers. Misleading ads, cyber crimes,<br />
plastic money frauds, are some of the challenges which consumers face in the<br />
21 st century. The government has taken many initiatives to generate awareness<br />
among consumers which include the ‗Jago Grahak Jago‘ campaign through<br />
media and consumer clubs in schools and colleges. <strong>Consumer</strong> protection and<br />
welfare has also been introduced in the curriculum of schools and colleges.<br />
The consumer club scheme was started in 2002 with the objectives to<br />
create awareness among students about their rights and duties as consumer; to<br />
introduce students to consumer rights; to educate the consumers to take<br />
judicious decisions regarding their purchases; to educate consumers about the<br />
legal provisions in order to protect them from being cheated by the<br />
manufacturers. The aim was to equip the students with knowledge and skills to<br />
empower them as knowledge is power and ignorance is the root cause of all<br />
exploitation. Under the scheme more than 7000 clubs are being run successfully<br />
182
in 23 states. Children are the hope and future of our country and it is most<br />
important to equip them with the knowledge and skills to enable them make<br />
intelligible decisions in the market place. Nowadays children have large money to<br />
spend and are also influencing the marketing decision of the family. The internet<br />
is becoming a chosen media for the children to make all sorts of transactions<br />
without knowing the full consequences of the same. In such a scenario teaching<br />
them to become empowered consumers should be our goal. Teachers should be<br />
philosopher, guide and friend for the children to develop them into good and<br />
empowered citizen who not only know their rights but are also aware about their<br />
responsibilities.<br />
Prof. K.V. Bhanu Murthy, Head Department of<br />
Commerce addressing the participants<br />
Prof. K.V. Bhanu Murthy,<br />
Dean, Faculty of Commerce and<br />
Business & Head, Department of<br />
Commerce in his address said<br />
that though the consumer<br />
movement is very old in the<br />
country but it has not taken up in<br />
the way it should have been. The<br />
problem has further aggravated<br />
with liberalization and<br />
globalisation when the<br />
consumers are bombarded with all sort of goods and services, about the quality<br />
of which the consumer has no surety. The consumer exploitation is more in rural<br />
areas where more than 70% of the population lives. Recently, the rural scenario<br />
in the country has emerged as a lucrative option for the mainstream economy.<br />
The MNCs observe them as potential markets for their products and accordingly<br />
design their goods. Due to lack of awareness and education among the rural<br />
masses look-alikes and spurious, harmful products are being sold in rural<br />
markets. He said that the success of consumer movement depends on the<br />
involvement of all the stakeholders in the movement. The consumers need to get<br />
organized to take the movement forward and the whole responsibility cannot be<br />
left on the government and NGOs. <strong>For</strong> the success of the movement the students<br />
and teachers are required to be roped in. Therefore, the education on consumer<br />
183
protection should start from the school level. The students can also play<br />
important role in taking the awareness to the grass root levels.<br />
Dr. Sheetal Kapoor providing an overview of<br />
the activities of <strong>Consumer</strong> Club at KNC<br />
Dr. Sheetal Kapoor,<br />
Associate Professor, Department<br />
of Commerce, KNC and<br />
Convener of the <strong>Consumer</strong> Club<br />
provided an overview of the<br />
activities being undertaken by the<br />
<strong>Consumer</strong> Club of her college.<br />
She said that the Kamala Nehru<br />
College has been the pioneer in<br />
Delhi University in starting<br />
consumer club. It was established<br />
on 29 th November 2005. The club is regularly bringing out its Annual Bulletin<br />
‗Awaken‘ which has articles and information relating to consumer issues. Since<br />
then the consumer club is regularly organizing annually a number of activities in<br />
the areas like special lectures on various consumer related issues, nukkad natak,<br />
debate competition, slogan competition etc. The purpose is to create awareness<br />
among the students about their rights and duties as consumers.<br />
The occasion was marked<br />
by the release of the new issue of<br />
Awaken- a magazine of<br />
<strong>Consumer</strong> Club by Shri Rajiv<br />
Rajiv Agarwal, Secretary, DCA,<br />
GoI.<br />
Release of the new issue of Awaken magazine<br />
by Shri Rajiv Rajiv Agarwal, Secretary, DCA, GoI<br />
184
Students participating in various activities during the Consumidor’ 12<br />
In the Annual <strong>Consumer</strong> Festival four activities were organized which<br />
included Brand-o-Mania (Quiz Competition), Poster-making Competition, Slogan<br />
Writing Competition and Nukkad Natak. The theme of all programmes was<br />
‗<strong>Consumer</strong> Rights‘. The poster making competition was on the theme ―Green<br />
<strong>Consumer</strong>ism‖ with the idea of generating awareness among the students on illeffects<br />
of our consumption on the environment and need for sustainable<br />
consumption.<br />
Posters made by the students in the Poster<br />
Making Competition<br />
185
Slogans created by the Students in the Slogan Making Competition<br />
1. ―grahak mera naam hai, sartak rehna mera kaam hai...koi mujhe thag na<br />
pae..yahi ek grahak ka abhiman hai. Jo shiksha paega,vahi raja kehlaega.<br />
– Priyanka Gussain, KNC<br />
2. ―Advertisements are deceiving, don‘t fall into their prey. Free goodies and<br />
discount receiving are among the popular ways‖ – Saumya, Motilal Nehru<br />
College<br />
3. <strong>Consumer</strong> is the king, wind beneath sellers wing, now consumer is aware<br />
of his rights, beware or else seller might face sleepless nights.—Deeksha<br />
Rastogi, KNC<br />
4. Sellers fulfil your social responsibility; we‘ll take care of your profitability. –<br />
Ishita Nagpaul, KNC<br />
5. ―grahak ka yeh zamana hai, ab sara jahan humara hai‖—Maitrayi Patak,<br />
KNC<br />
6. Sharing ―trust‖, sharing ―satisfaction‖-doing it with a smile --Shubham,<br />
Zakir Hussian College<br />
7. My money your quality-Priyanka Goyal, KNC<br />
8. Myriad are the choices echoing different voices for you are our god and<br />
consumer you are called—Aatina Malik , KNC<br />
9. <strong>Consumer</strong> is king, can fight against the sins that are continuously<br />
prevailing-- Aditi Singh, Motilal Nehru College<br />
10. Pachtana na padhe baram-bar, is liye le aao abhi sara gyan,1986<br />
protection act ke 6 rights ke doran, ab toh khula hai consumer forum bhi<br />
yaha‖—Neha Tyagi KNC<br />
11. It‘s your money, not just a thing, spend with your brains because<br />
consumer you are the king—Vani, KNC<br />
12. See the things, be the king, you are the power, you have the power, take<br />
the things that is our—Payal Lamba, KNC<br />
13. <strong>Consumer</strong> is king as he gives the producer the wings of the product<br />
acceptance—Jasmine Kaur Maini, KNC<br />
186
14. Beware there could be fraud inside, he could cheat you by telling that<br />
wrong is right—Sugandha Kumar, KNC<br />
15. Enlightened consumer is a powerful consumer, know your rights, be the<br />
king, enjoy the power—Sonal Thakur, KNC<br />
16. More choice more pleasure because king deserve it all. We are cool,<br />
beware the marketing fools—Akankshita Dey, KNC<br />
17. Shahrukhan ban ke baniyan, ban gaya don, utara toh pehchan nai paya<br />
tha vo kaun--- Nancy, KNC<br />
18. You are the king, you are the hero without you even the biggest MNCs are<br />
zero—Samridhi Ohri, KNC<br />
Teams performing Nukkad Natak<br />
(Sapna Chadah)<br />
Programme Coordinator<br />
187
5 th TRAINING OF TRAINERS PROGRAMME FOR HEADS/<br />
PRESIDENTS/ SECRETARIES/ DIRECTORS OF NGOS /VCOS ON<br />
CONSUMER PROTECTION AND CONSUMER WELFARE<br />
(March 12-16, 2012)<br />
A Training of Trainers Programme for the Heads/ Presidents/ Secretaries/<br />
Directors of NGOs / VCOs on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was<br />
organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public<br />
Administration, New Delhi from March 12-16, 2012. The Department of<br />
<strong>Consumer</strong> Affairs, Government of India, sponsored the programme. Twelve<br />
participants from different States attended the programme. The programme was<br />
Participants with Dr. Rakesh Hooja, Director, <strong>II</strong>PA<br />
directed by Prof. Suresh Misra and Dr. Mamta Pathania. The objectives of the<br />
Training Programme were to enhance the knowledge and skill of participants in<br />
the area of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare; make them understand<br />
the need and importance of <strong>Consumer</strong> Protection and Welfare; acquaint them<br />
with the national and international dimensions of <strong>Consumer</strong> Protection and the<br />
role of various stakeholder; explain them about various provisions of the<br />
<strong>Consumer</strong> Protection Act and other legislations having a bearing on <strong>Consumer</strong><br />
Protection; discuss the legal dimensions of <strong>Consumer</strong> Protection in different<br />
service sectors such as medical, banking, insurance, etc, and develop their<br />
training skills.<br />
188
The<br />
Programme<br />
commenced with a briefing by the<br />
Programme Directors, Prof.<br />
Suresh Misra and Dr. Mamta<br />
Pathania. During the briefing<br />
session Prof. Suresh Misra, Chair<br />
Professor and Coordinator, CCS,<br />
<strong>II</strong>PA highlighting the importance<br />
of consumer protection in the<br />
present era, informed the<br />
participants about the objectives<br />
Prof. Suresh Misra and Dr. Mamta Pathania<br />
in the Briefing Session<br />
of the programme, the topics to be covered, the methodology to be followed and<br />
the need for such a programme. Further they were briefed about as to what was<br />
expected from them during and after the training. While introducing themselves<br />
the participants provided information about their job profile, the kind of activities<br />
they organize and how they would be benefited from the programme.<br />
Participants in the Training Programme<br />
The Programme was divided into a number of thematic sessions:<br />
<strong>Consumer</strong> Protection & <strong>Consumer</strong> Welfare – An Overview by Prof. Suresh Misra<br />
provided an overview of the law and policy framework for <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare in India and a session on Rural <strong>Consumer</strong>s: Need for<br />
Education & Awareness by Prof. Misra highlighted the changing lifestyle, buying<br />
behavior patterns of rural consumers thereby bringing to light the rampant<br />
189
exploitation of rural masses due to globalization. <strong>Consumer</strong> Protection: Law and<br />
Policy was covered by Dr. Sapna Chadah, which gave a comprehensive picture<br />
of the law and the <strong>Consumer</strong> Protection Act. A session on <strong>Consumer</strong> Protection:<br />
Education & Awareness, highlighting the various schemes and programmes of<br />
the Department of <strong>Consumer</strong> Affairs aimed at generating awareness was<br />
covered by Dr. Mamta Pathania. Dr Pathania also highlighted the need and<br />
importance of safe and healthy eating habits making the participants aware of the<br />
legal provisions under the law for food safety in her session on Food Safety and<br />
<strong>Consumer</strong>.<br />
Other themes covered were: Medical Negligence and <strong>Consumer</strong> by Dr.<br />
Kiran Gupta; Misleading Advertisements and the <strong>Consumer</strong> by Dr. Amit Kumar<br />
Singh, <strong>II</strong>PA; Working of <strong>Consumer</strong> Redressal Agencies by Dr. Premlata;<br />
Insurance and <strong>Consumer</strong> by Sh. S. M Tripathi, State <strong>Consumer</strong> Helplines and<br />
Knowledge Portal by Mr. S. K. Virmani , Housing and <strong>Consumer</strong> by Sh. Ravindra<br />
Bana, Banking and the <strong>Consumer</strong> by Dr. Sheetal Kapoor and Training<br />
Techniques and Methodology by Sh. G. K. Pandey.<br />
Participants in the Training Programme<br />
190
To make the programme more participatory the participants were divided<br />
into groups and each group was given one topic which was discussed in the<br />
group and later on presented. The topics of group report presentation were-<br />
<strong>Consumer</strong> Education and Awareness is the best way to protect the consumers.<br />
How can this be enhanced and what role consumer organizations can play;<br />
Assess the Quality of Services being provided by the service providers (Banking,<br />
Insurance, Housing, Medical, etc). What steps can be taken to protect the<br />
consumers from deficiency in services; Advertisement is a major source of<br />
Information and consumer education. What steps should be taken to protect the<br />
consumer from misleading advertisements and Food Adulteration is a major<br />
problem faced by the <strong>Consumer</strong>s. What steps can be taken to protect the<br />
consumers<br />
Each group was to prepare a group report on the given topics, keeping in<br />
view the problems in the particular sector and provide their suggestions for future<br />
course of action .The presentations were very interactive and participatory. On<br />
the concluding day the certificates were distributed to the participants by Prof.<br />
Suresh Misra, Chair Professor and Coordinator, CCS, <strong>II</strong>PA, New Delhi.<br />
The programme ended with a formal Vote of thanks by the Course Coordinators.<br />
Views /opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
9 3 - -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
10 2 - -<br />
191
3. How useful is the training likely to be in future jobs that your may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
9 3 - -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all NC<br />
8 4 - - -<br />
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant<br />
Not at all relevant<br />
8 4 - -<br />
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied<br />
to a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 9 1 2 - -<br />
b. Residential<br />
accommodation<br />
c. Food quality and<br />
service<br />
d. Class room<br />
Facilities<br />
e. Interaction with<br />
the Faculty<br />
5 6 1 - -<br />
5 7 - - -<br />
12 - - - -<br />
10 2 - - -<br />
f. Recreation Facilities 6 6 - - -<br />
NC/<br />
NA<br />
192
7. Assessment of Training Faculty/Sessions (12 Participants responded)<br />
Sl.<br />
No.<br />
Topic Name of Speaker Assessment<br />
Excellent Very<br />
Good<br />
Good Fair NC<br />
Suresh Misra 10 2 - - -<br />
1. <strong>Consumer</strong> Protection & <strong>Consumer</strong><br />
Welfare – An Overview<br />
2. <strong>Consumer</strong> Protection: Law & Policy Sapna Chadah 8 2 1 - 1<br />
3. <strong>Consumer</strong> Education & <strong>Consumer</strong><br />
Awareness<br />
4. Rural <strong>Consumer</strong>s: Need for Education<br />
& Awareness<br />
Mamta Pathania 10 2 - - -<br />
Suresh Misra 8 4 - - -<br />
5. Medical Negligence and <strong>Consumer</strong> Kiran Gupta 7 3 2 - -<br />
6. Working of <strong>Consumer</strong> Redressal<br />
Agencies<br />
Premlata 8 4 - - -<br />
7. Insurance and the <strong>Consumer</strong> S.M. Tripathi 5 4 3 - -<br />
8. Knowledge Portal and State<br />
<strong>Consumer</strong> Helplines<br />
S. K. Virmani 3 5 3 1 -<br />
9. Food Safety and the <strong>Consumer</strong> Mamta Pathania 6 5 1 - -<br />
10. Housing and the <strong>Consumer</strong> Ravindra Bana 4 4 4 - -<br />
11. Banking and the <strong>Consumer</strong> Sheetal Kapoor 2 7 2 - 1<br />
12. Misleading Advertisement and<br />
<strong>Consumer</strong><br />
Amit Singh 4 7 1 - -<br />
13. Training Techniques & Methodology G. K. Pandey 8 2 2 - -<br />
14. Group Report Presentation Suresh Misra<br />
Mamta Pathania<br />
7 4 - - 1<br />
8. Which parts of the course did you find most helpful<br />
Medical Negligence and <strong>Consumer</strong> 3<br />
Rural <strong>Consumer</strong>: Need for Education and Awareness 3<br />
Food Safety and <strong>Consumer</strong> 3<br />
<strong>Consumer</strong> Education and <strong>Consumer</strong> Awareness 2<br />
<strong>Consumer</strong> Protection :Law and Policy 2<br />
Misleading Advertisement and <strong>Consumer</strong> 2<br />
All 2<br />
Training Techniques and Methodology 2<br />
Housing and the <strong>Consumer</strong> 1<br />
<strong>Consumer</strong> Protection & <strong>Consumer</strong> Welfare – An Overview 1<br />
Banking and <strong>Consumer</strong> 1<br />
193
9. Which parts of the course did you find least helpful<br />
None 5<br />
Knowledge Portal and State <strong>Consumer</strong> Helplines 2<br />
Medical Negligence and <strong>Consumer</strong> 2<br />
Insurance and the <strong>Consumer</strong> 1<br />
Training Techniques and Methodology 1<br />
<strong>Consumer</strong> Protection: Law & Policy 1<br />
Food Safety and <strong>Consumer</strong> 1<br />
Housing and <strong>Consumer</strong> 1<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair<br />
9 3 - -<br />
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
12 - -<br />
12. Any other comments/ observations you wish to make about the course.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Will conduct awareness programmes on <strong>Consumer</strong> Protection and<br />
Welfare in our State.<br />
Enhanced the knowledge of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare.<br />
<strong>Consumer</strong> Protection should be included in the school syllabus for children<br />
to learn about it.<br />
Transmit the knowledge on consumer protection laws and role of<br />
consumer protection to people who are from rural background.<br />
Training will improve our functioning in the organizations.<br />
More awareness about consumer related issues<br />
Helped in developing training skills<br />
13. Any other comments/ observations you wish to make about the course:<br />
<br />
<br />
Atleast two such courses should be organized in a year for NGOs.<br />
Some practical exposure should be included.<br />
194
Classes on RTI should also be included<br />
Well structured and informative Programme which gave in depth analysis<br />
of various topics related to consumer protection and consumer welfare.<br />
Representatives of IRDA should be invited for giving lectures.<br />
May include field visit to consumer court/ consumer organization to<br />
understand their functioning.<br />
Enhanced the knowledge and working ability of heads of VCO‘s and<br />
thereby benefitting the consumers in turn.<br />
Refresher Courses should be conducted again in future.<br />
We would like to place on record the practice followed in the Indian<br />
Institute of Public Administration to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
The report would be incomplete, if we do not record our appreciation to the<br />
officers and staff of the Administration and training sections of the Institute for<br />
their help. However, Dr. Naresh Kumar (Registrar), Dr. C. Giri (Deputy Registrar,<br />
Administration), Shri Vijay Sharma (Training Assistant) and other training staff<br />
deserve special mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude to<br />
Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance, encouragement and pro-active<br />
interest. The Secretary, Additional Secretary and Joint Secretary, Department of<br />
<strong>Consumer</strong> Affairs, Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution,<br />
Government of India, deserve special thanks for sponsoring the Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong> and reposing confidence and trust in the Indian Institute of<br />
Public Administration, New Delhi.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Course Coordinators<br />
195
Seminar<br />
on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
in collaboration with<br />
<strong>II</strong>PA Haryana Regional Branch<br />
(26 March, 2012)<br />
A Seminar on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was organised<br />
by the Centre for <strong>Consumer</strong> <strong>Studies</strong> in collaboration with <strong>II</strong>PA Haryana Regional<br />
Branch, on 26 March, 2012 at Algol School of Management and Technology,<br />
Gurgaon, Haryana. The Department of <strong>Consumer</strong> Affairs, GoI sponsored the<br />
Seminar. 188 delegates attended the seminar.<br />
Dignitaries on the Dias<br />
The Seminar was an attempt to evaluate the impact of globalization on the<br />
consumers in the country. The main objective of the Seminar was to discuss and<br />
deliberate on various issues related to consumer protection and consumer<br />
Welfare, create awareness regarding the consumer protection and rights of the<br />
consumers.<br />
196
The<br />
Seminar<br />
commenced with a<br />
Welcome Address by Shri<br />
Sandeep Gandhi, Principal,<br />
Algol School of<br />
Management<br />
and<br />
Technology. Shri Gandhi<br />
highlighted that<br />
globalisation<br />
the era of<br />
has<br />
undoubtedly benefited the<br />
consumers with a wide<br />
range of products and<br />
services but at the same time the consumers in the developing societies like India<br />
which has a large number of emerging rural consumers are at times taken for a<br />
ride in a highly competitive market. Even the urban middle class face the problem<br />
of redressing their grievance against unscrupulous multinationals and corporate<br />
houses. He said that consumer rights can be protected if the consumer is<br />
organised like other pressure groups to redress their grievances. Laws alone will<br />
not suffice; it has to be enforced in the right way. He stressed that deliberations<br />
made in the seminar will throw light on different aspects of consumer laws and its<br />
protection.<br />
Shri Sandeep Gandhi, Principal, Algol School of<br />
Management & Technology delivering the Welcome Address<br />
Dr. G Prasanna Kumar, Vice<br />
Chairman, <strong>II</strong>PA Haryana Regional<br />
Branch, while addressing the<br />
participants said that the subject of<br />
consumer protection is an area about<br />
which many of us still have a vague<br />
idea. The technological revolution and<br />
the expansion of the media in the<br />
present century has had a lot of impact<br />
on the consumers. Global world has<br />
completely changed the range of<br />
Dr. G. Prasanna Kumar, Vice Chairman, <strong>II</strong>PA HRB<br />
addressing the Participants<br />
197
products and services for people in the retail market. Widespread exchange of<br />
goods, services and ideas have influenced changes around the world. The<br />
impact has been more on the emerging new middle class and rural consumers.<br />
He appealed for ethical standards in business transaction and also greater<br />
understanding of consumer behavior pattern. Thus he stressed the need of the<br />
hour is to sensitize the consumer and also make awareness campaigns<br />
especially in rural areas to make the people understand their rights and the<br />
manner in which it can be exercised. He gave a brief about the objectives of<br />
organizing the seminar and urged the participants to take active part in the<br />
deliberations.<br />
Shri B. K. Tamini, <strong>For</strong>mer Member, NCDRC delivering the Key Note Address<br />
Shri B. K. Tamini, <strong>For</strong>mer Secretary, Government of India and <strong>For</strong>mer<br />
Member, NCDRC, New Delhi while delivering the Key Note Address said that the<br />
objective of the <strong>Consumer</strong> Protection Act, 1986 is to ensure that the consumer<br />
gets value for his money. He highlighted that the CP Act was enacted in<br />
pursuance of UN Guidelines on <strong>Consumer</strong> Protection adopted in 1985 which<br />
mandated member countries to enact laws for better protection of consumers and<br />
take initiatives to generate awareness among consumers. Inspite of the<br />
enactment of the Act the consumers are still victims of many unscrupulous<br />
practices like adulteration, short weights and measures, dubious hire purchase<br />
agreements, etc. Technological advancements no doubt have made available<br />
198
larger variety of goods and services to the consumers which are now a click<br />
away. But at the same time have posed further challenges for the consumers.<br />
Misleading ads, cyber crimes, plastic money frauds, are some of the challenges<br />
which consumers face in the 21 st century. He said that India was the first country<br />
to put into effect what was adopted in U.N. General Assembly in 1985 in the form<br />
of Guidelines on <strong>Consumer</strong> Protection. He said that our <strong>Consumer</strong> Protection<br />
Act remains one of the best pieces of legislation in the world. <strong>Consumer</strong><br />
protection and consumer care go hand in hand and are sides of the same coin.<br />
The genesis of the CPA was in law of torts- which means a civil wrong wherein<br />
the breach in duty to take care is to be compensated with damages. The<br />
objective of CPA is to provide better protection of consumer rights and interests<br />
and for the same it provides for the setting up of quasi – judicial bodies at three<br />
levels. The quasi judicial bodies are required to follow summary procedure and<br />
give quick justice. The <strong>Consumer</strong> Protection Act in the last 25 years has achieved<br />
a lot. Promoting good governance and empowerment are the major aspects of<br />
CPA. The law meets the long felt necessity to provide a better protection to the<br />
consumers. It attempts to remove helplessness of the consumer which he faces<br />
against powerful business. The producers have secured power to rob the rest<br />
and papers do not move from one desk to another which has left the consumer<br />
helpless, bewildered and shocked. It is this group which is harassed, unprotected<br />
and helpless which comes to the <strong>For</strong>um for seeking help and justice.<br />
He stressed that it is our duty to ensure that the consumer gets justice in<br />
time bound manner to keep his faith in the system. Therefore, while delivering<br />
justice empowerment and good governance are the key words. To protect the<br />
consumers from any kind of harassment it is necessary that they must be<br />
educated and made aware about the Act and redressal mechanism under the<br />
Act. The aspect of governance and empowerment are required to be raised to the<br />
highest level as people are lamenting for good governance. Referring to various<br />
provisions of the Act, rules and regulations he pointed out a number of lacunae in<br />
the provisions which require intervention and amendments to make the Act more<br />
effective. He said that the Resolution 19 of <strong>Consumer</strong> Protection Regulations<br />
stipulates the number of cases to be disposed of by the District <strong>For</strong>um but there<br />
is no such stipulation for SCDRC and NCDRC. Section 13 stipulates the period of<br />
199
90 or 150 days for the disposal of original complaint but there is no time limit<br />
stipulated for the disposal of First Appeal and Revision Petitions by SCDRC and<br />
NCDRC. This needs to be looked into. The Act is silent as to how to lead<br />
evidence and cross examination.<br />
The government is also taking other initiatives to bring openness and<br />
transparency in the system and to make the system more consumers friendly.<br />
Such laws if implemented in true spirit can go a long way in bringing good<br />
governance in the system. The objective of the Act was speedy and quick justice<br />
as justice delayed is justice denied. There is also need to introduce ethics and<br />
morality in the working of the District <strong>For</strong>ums. Humanity, integrity, patience,<br />
uprightness, purity of body and mind, straight forwardness are some of the<br />
qualities which increase the knowledge (Gyan) and have to be possessed by all<br />
in public services including the functioning of three tier quasi judicial bodies. The<br />
philosophy of Gita says good of all and good for all. Equality of others with<br />
oneself and desire to bring good of all is what we should try to achieve. What is<br />
good for one self is good for all and what is bad and painful for me is painful for<br />
others. This should be the guiding principle for District <strong>For</strong>ums. Whatever we do,<br />
we should think of the end user. If we try to bring these virtues, then it will not<br />
only help us in performing our duties as members of the quasi-judicial machinery<br />
but also help in other aspects of life as well.<br />
Dr. Sapna Chadah, Assistant Professor, <strong>II</strong>PA<br />
addressing the participants<br />
In her presentation on<br />
<strong>Consumer</strong> Protection: Law and<br />
Policy to the participants, Dr. Sapna<br />
Chadah, Assistant Professor,<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA<br />
New Delhi gave a comprehensive<br />
picture of the law and the <strong>Consumer</strong><br />
Protection Act. She stressed that<br />
the objective of CPA is to provide<br />
better protection of consumer rights<br />
and interests and for the same it<br />
provides for the setting up of quasi<br />
200
– judicial bodies at three levels. The quasi judicial bodies are required to follow<br />
summary procedure and give quick justice.<br />
Dr. Mamta Pathania, Assistant Professor, <strong>II</strong>PA<br />
addressing the participants<br />
Dr. Mamta Pathania,<br />
Assistant Professor,<br />
Centre for<br />
<strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, New Delhi<br />
in her presentation quoted the<br />
words of wisdom of Mahatma<br />
Gandhi ―Earth provides enough to<br />
satisfy every man‘s need but not<br />
every man‘s greed.‖ indicating the<br />
aggressive consumerist culture of<br />
the present time .Her presentation<br />
on <strong>Consumer</strong> Protection:<br />
Education & Awareness,<br />
highlighted the various schemes and programmes of the Department of<br />
<strong>Consumer</strong> Affairs aimed at generating awareness. Lack of machinery and<br />
awareness of redressal procedures have put the consumers at times in the dock.<br />
She highlighted the right choices that have to be adopted to protect against<br />
wrong deals. <strong>Consumer</strong> education, involving Panchayats, building capacity of the<br />
local officials and strengthen mechanisms of consumer redressal at all levels<br />
would help in strengthening the consumer movement<br />
A presentation on Misleading<br />
Advertisements and the <strong>Consumer</strong> was<br />
made by Dr. Amit Kumar Singh, CCS,<br />
<strong>II</strong>PA. Conceptualizing the nature of<br />
globalisation and its trends, he analyzed<br />
the changing dynamics of consumer<br />
preferences and showed concern for the<br />
emerging rural consumers who get<br />
carried away by advertisements<br />
. Dr. Amit Kumar Singh, Research Officer,<br />
<strong>II</strong>PA addressing the participants<br />
201
Participants in the Seminar<br />
The presentations were followed by a brain storming session where<br />
participants raised several questions and clarifications over various issues and<br />
how best the consumers can be protected in an ever expanding consumerist<br />
culture.<br />
Shri M. C. Gupta,<br />
Chairman, <strong>II</strong>PA Haryana Regional<br />
Branch while addressing the<br />
participants in his concluding<br />
observation highlighted that<br />
today‘s consumers are part of the<br />
global market, and more so of the<br />
cyber market. He said laws can<br />
only protect them if they are<br />
properly enforced. If there is a<br />
failure of the redressal machinery<br />
then the people will question the character of a democratic polity. <strong>Consumer</strong><br />
protection laws will have little practical use if they are not able to protect the<br />
consumers in the global economy. Along with the government, non-governmental<br />
organizations, media and the civil society are to play a very constructive role in<br />
this regard.<br />
Shri M. C. Gupta, Chairman, <strong>II</strong>PA HRB<br />
Addressing the Participants<br />
202
The seminar came to its logical conclusion with a formal Vote of Thanks by<br />
Shri H R Bangia, Hony. Secretary, <strong>II</strong>PA, Haryana Regional Branch to the Chief<br />
Guest, Guest Speakers, participants, and the Centre for <strong>Consumer</strong> <strong>Studies</strong> for<br />
their support in conducting the seminar. The programme was appreciated by the<br />
participants, who were of the view that such programme are useful and should be<br />
held at regular intervals<br />
(Mamta Pathania)<br />
Seminar Coordinator<br />
203
Two Day National Seminar<br />
on<br />
“<strong>Consumer</strong> Activism, Competition and <strong>Consumer</strong> Protection”<br />
at<br />
Centre for <strong>Consumer</strong> Protection law & Advocacy<br />
Rajiv Gandhi National University of Law, Punjab<br />
(April 7-8, 2012)<br />
The Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA organized Two day National<br />
Seminar on ―<strong>Consumer</strong> Activism, Competition and <strong>Consumer</strong> Protection‖ on April<br />
7-8, 2012 in collaboration with Rajiv Gandhi National University of Law, Patiala,<br />
Punjab. Around 200 participants participated in the seminar which included<br />
academicians, researchers, and policy-makers, representatives of VCOs / NGOs<br />
and students. The objectives of the Seminar were to: acquaint the participants<br />
with the need and importance of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare;<br />
enhance their knowledge and skill in the area of <strong>Consumer</strong> Protection and<br />
Welfare; acquaint them with redressal mechanism available under the Act; inform<br />
them about the regulatory mechanism for consumer protection and competition;<br />
and build their capacity in the area to enable them to take the consumer<br />
movement forward. More than 100 papers were presented in two days on various<br />
aspects of consumer activism, consumer protection and competition.<br />
Dignitaries Lighting the Lamp at the Inauguration of the Seminar<br />
204
Dr. Parmit Singh Jaswal, VC, RGNUL welcoming the<br />
dignitaries & participants<br />
The programme began<br />
with the Welcome Address by<br />
Dr. Parmit Singh Jaswal, Vice-<br />
Chancellor,<br />
RGNUL.<br />
Welcoming the dignitaries and<br />
participants, he said that in the<br />
era of globalisation and<br />
liberalisation the consumers<br />
are facing all sort of unfair and<br />
unscrupulous practices. There<br />
is need to provide adequate<br />
protection to the consumers who<br />
are an unorganised lot. Besides providing adequate protection through the laws<br />
the consumers must also be made aware of their rights and be educated about<br />
them. The present seminar is an attempt to provide a platform for interaction<br />
among various stakeholders on various issues relating to consumer protection<br />
and suggest effective measures relating to new technologies, competitive<br />
markets and consumer protection.<br />
He also provided a glimpse of RGNLU which is one of the 15 National<br />
Law Universities in the country. He said that the vision of the university is to serve<br />
the society through reforms in legal service. There are eight research centres in<br />
the university including one Centre on <strong>Consumer</strong> Protection Law and Advocacy.<br />
The seminar was conceived and conducted by this Centre in collaboration with<br />
the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public Administration. The<br />
university is having a well-equipped library with 21500 books along with e-<br />
journals. The university has well established computer lab. The university has<br />
entered into MoU with a number of universities abroad where the students are<br />
going for internship each year. Besides this the students of the university are<br />
getting placements with best law firms and institutions in the country.<br />
205
Prof. Suresh Misra, Chair-Professor and Coordinator, CCS, <strong>II</strong>PA delivered<br />
the Keynote Address. He thanked the Rajiv Gandhi National University of Law,<br />
Punjab for collaborating with CCS, <strong>II</strong>PA in organising the seminar. He said that<br />
<strong>II</strong>PA was set up in 1954 by Pandit. Jawahar Lal Nehru who was also the first<br />
Prof. Suresh Misra, Chair-Professor and Coordinator,<br />
CCS, <strong>II</strong>PA delivering the Keynote Address<br />
President of <strong>II</strong>PA. <strong>II</strong>PA works<br />
in different areas of Public<br />
Administration and stated<br />
working in the area of<br />
consumer protection in the<br />
year 1992 by organising<br />
Orientation<br />
Training<br />
Programme for the Presidents<br />
and Members of District<br />
<strong>For</strong>ums. The Department of<br />
<strong>Consumer</strong> Affairs established<br />
this Centre of excellence in<br />
2007 for promoting and facilitating consumer rights and interests. The broad<br />
areas of activity of the Centre include research, training, seminar conferences<br />
and dissemination of information through publications. The Centre also networks<br />
with various national and international organisations in the area of consumer<br />
protection.<br />
He in his Address he emphasised that after 25 years of the enactment of<br />
<strong>Consumer</strong> Protection Act, it is time to take stock as to stalk how the consumer<br />
movement has progressed. No doubt the consumer movement got a fillip and<br />
now there is a mechanism available in every district in the form of District <strong>For</strong>um<br />
where you can get relief. The objective of the Act was to give a speedy, quick and<br />
inexpensive redressal to the consumers. But a number of studies say consumer<br />
is losing interest due to delay and pendency. They don‘t want to complain in the<br />
<strong>For</strong>um as it is becoming replica of civil courts. There is a general opinion that<br />
upto a limit advocates should not be allowed as otherwise it is becoming too<br />
costly. The issue of capacity building of members also needs to be looked into for<br />
better functioning of the forums. In the present state of affairs the members<br />
206
cannot even understand the procedure and the objective of their being in the<br />
forum. They are unable to fulfil their obligations effectively.<br />
He also emphasised that the globalisation has changed the way we live<br />
and think. Today we buy only because dil mange more. Today the concept of<br />
window shopping is not there. You enter mall and come out with many bags,<br />
purchasing things which you never intended to buy. The markets are very<br />
lucrative and tempting. Buy one get free schemes are also there. What is the<br />
economics behind it nobody is able to make out.<br />
Participants of the Seminar<br />
<strong>For</strong> protection of consumers from unfair trade practices it is required that<br />
he should get correct, full information regarding products and services.<br />
Throughout the day from 1 st cup of tea till night we consume so many things and<br />
avail a number of services. In such a scenario the issue of standards of products<br />
/ services need to be addressed. Further there is need to educate consumers<br />
about CP Act and their rights as consumers. The studies have indicated that only<br />
7% consumers know about <strong>Consumer</strong> Protection Act; leave aside the rights<br />
under it. India is a country of diversity –urban- rural, literate – illiterate, menwoman<br />
divides are there; so there is need to design the awareness programmes<br />
according to the needs of different groups. We cannot have one programme<br />
which fulfils needs of all.<br />
207
The major problem today is how to communicate with the consumers.<br />
Media can be a good mean to generate awareness and it is very effectively being<br />
used by the government to educate the masses. But at the same time it is also a<br />
source of all sort of misleading and wrongful information being passed on to the<br />
consumers through advertising. There is thus need for media regulation but<br />
media is so powerful that it does not allow any sort of regulatory mechanism. It is<br />
time to see what kind of regulations do our society need for better functioning of<br />
the markets. There are a number of ads in print and electronic media which are<br />
misleading like with the use of a drug, you can lose 20 kg weight, etc. Then there<br />
are ads for fairness creams which claim that you can become fair within 7 days.<br />
There is no scientific proof for these Ads.<br />
As the CPA has not worked out as per the expectations, now we have<br />
started talking about mediation. But before we bring in new processes, there is<br />
need to enforce and strengthen the existing mechanism. The machinery should<br />
be strengthened; the member‘s capacity should be increased. There is need that<br />
the cases which are presently being finalised in 1 to 3 years have to be disposed<br />
of in 3-5 months. The Department of <strong>Consumer</strong> Affairs started the CONFONET<br />
project where crores of rupees have been spent, but still adequate data is not<br />
being uploaded on their site. In the existing situation the only remedy is that<br />
consumers should wake up and fight for their rights. The consumers need to<br />
unite for their rights. Wishing all the success to the seminar, he hoped that the<br />
deliberations will definitely enrich the consumer movement.<br />
Justice H. S. Brar,<br />
<strong>For</strong>mer Judge, Punjab &<br />
Haryana High Court and<br />
<strong>For</strong>mer President, Punjab<br />
SCDRC in his address<br />
described consumer protection<br />
as need of the hour. He said<br />
that in the globalised world<br />
with the technological<br />
Justice H. S. Brar, <strong>For</strong>mer Judge, P & H HC & <strong>For</strong>mer<br />
President, Punjab SCDRC addressing the participants<br />
advancements the consumer is<br />
208
faced with new and difficult challenges. In such a scenario educating the<br />
consumers about their rights has become all the more important. He emphasised<br />
on the need for involvement of teachers and students in the consumer movement<br />
and said that the students are the future builders of the nation. They should get<br />
involved in the consumer movement to educate and make people aware about<br />
their rights and help build a society full of love and affection. In this, initiatives of<br />
organising workshops, conferences and seminars as has been taken by the<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong> and Rajiv Gandhi National University of Law<br />
become important in generating awareness among the masses.<br />
Justice R. S. Mongia, <strong>For</strong>mer CJ, Gauhati HC & <strong>For</strong>mer<br />
President, Punjab SCDRC delivering the Inaugural<br />
Address<br />
Justice R. S. Mongia,<br />
<strong>For</strong>mer Chief Justice, Gauhati<br />
High Court and <strong>For</strong>mer<br />
President, Punjab SCDRC in<br />
his Inaugural Address said<br />
that if there is consumer<br />
activism it will take care of<br />
consumer protection on its<br />
own. But we in India lack<br />
consumer activism as many<br />
people in rural, and even in<br />
peripheral urban areas are<br />
unaware of their rights. There is need for the government to activate this Act at<br />
grass root level and reach remote areas and tell the people here their rights<br />
under CPA. Media whether electronic or print can play a very important role in it.<br />
The ‗Jago Grahak Jago‘ campaign is using media very effectively to spread<br />
awareness but that is not sufficient.<br />
The objective of the <strong>Consumer</strong> Protection Act is to provide simple and<br />
speedy justice to the consumers. However, sometimes the interpretation of the<br />
legislation and the procedure under it is made so cumbersome that ordinary<br />
citizen is not able to understand it. The Act is for consumers but the consumer<br />
himself has not been able to understand the definition of consumer under the Act<br />
till now as it has been made too technical by judgments. The beneficiary is<br />
included in definition of consumer whereas goods and services for free and<br />
209
commercial activities are excluded. Why can‘t legislation specify the income limit<br />
which will not be taken as commercial activity to simplify the concept of<br />
commercial activity The legislation should bring clarity in these aspects, leaving<br />
not much for the judiciary to clarify in the judgements. Similarly section 3 of the<br />
Act clearly says that the remedy under the Act is an additional remedy. The<br />
provision is very simple and clear, still so much litigation is taking place in the<br />
provision. Similarly the provision on territorial jurisdiction says that consumer can<br />
file a case where the opposite party has a head office or branch office. This has<br />
also created a lot of confusion and has been cause of litigation. Legislature must<br />
examine these and see that wrinkles in these provisions must be made straight to<br />
achieve the objective of CPA to provide quick justice to consumer.<br />
He said that the objective of quick justice is not being realised at present<br />
also due to the provision of revision provided under the Act. The consumer starts<br />
from the District and ends up in the Delhi at National Commission. It is sufficient<br />
to have one appeal and make the judgement final. To decide cases in time bound<br />
manner there is need to create additional benches and more forums. There is<br />
need for action on the part of the legislature and government to make the Act<br />
effective. In government hospitals where services are free for all, if there is any<br />
deficiency on part of doctors and staff you cannot bring them to action. But why<br />
not, it is their duty to provide proper services to patient and if they are not doing<br />
so then CPA should have jurisdiction. The provisions of the <strong>Consumer</strong> Protection<br />
Act are very simple and clear but still so much litigation has taken place in these<br />
provisions. There is a need to bring amendment in the Act to bring clarity and<br />
give more power to the redressal machinery to make it more effective. Further<br />
there is need to encourage competition in the market. Competition is bad only for<br />
small enterprises. But it should be increased for bigger ones. So legislature has<br />
to give impetus to competition keeping in view that the interest of small business<br />
does not suffer.<br />
Dr. Jaspal Singh, Vice Chancellor, Punjabi University in his address said<br />
that in the era of Liberalisation, Privatisation and Globalisation the relationships<br />
are changing a fast pace. Distances are creeping in all the relationships whether<br />
in social, political, or economic field. In such conditionality the buyer-seller<br />
relationships are no different and their relationship is also undergoing change.<br />
210
The distance in their relation has drastically increased. The human touch which<br />
was there in olden days has gone now. Mahatma Gandhi has once said that the<br />
Dr. Jaspal Singh, VC, Punjabi University addressing<br />
the participants<br />
consumer is most important<br />
visitor in our premises, he is<br />
the very purpose of business.<br />
This was the relationship<br />
which earlier existed between<br />
seller and buyer which has<br />
totally disappeared now. The<br />
new relationship now needs to<br />
be defined. The consumer<br />
satisfaction should be the<br />
biggest goal for the business to<br />
achieve but that is not so. In the<br />
new relationship the seller activism has already taken place. Now it is the turn of<br />
consumer activism to come into place. The model of development being followed<br />
is not the right model. It is piecemeal development, what is required is vertical<br />
development. GDP is increasing that means economy is progressing though<br />
inflation and also the divide between the rich and poor are increasing; the prices<br />
of all commodities are going up. What will happen with such kind of progress<br />
needs to be seen. If this is the progress then we need to redefine the relation<br />
between seller-buyer. The rights of seller and buyer need to be specified. The<br />
sellers are establishing their monopoly in the form of superstores and malls. Both<br />
rich and poor are being forced to buy from the same place at higher price. The<br />
model of development being followed requires a drastic shift to make it consumer<br />
friendly. Today the local shops are getting replaced by MNC Malls leaving no<br />
choice for the consumers. We need to protect these local shops which can<br />
provide the things to consumers at reasonable price. The present model of<br />
development is excluding large number of people from process of development.<br />
The situation thus needs to be reassessed and reviewed to make it consumer<br />
and above all citizen friendly.<br />
211
Release of book “<strong>Consumer</strong> Activism Competition and <strong>Consumer</strong> Protection<br />
The occasion was marked by release of book on ―<strong>Consumer</strong> Activism<br />
Competition and <strong>Consumer</strong> Protection which is a compilation of research papers<br />
presented in the seminar. Prof. (Dr.) G.I.S Sandhu, Registrar-cum- Professor of<br />
Law, RGNUL, Punjab proposed the vote of thanks on the occasion.<br />
A participant presenting his paper in one of the session<br />
being chaired by Prof. V. K. Dixit<br />
The Seminar was<br />
divided into a number of<br />
thematic sessions in which<br />
over 100 papers were<br />
presented by academicians,<br />
researchers and students.<br />
There were 5 sessions on 5<br />
themes which were-<br />
<strong>Consumer</strong><br />
Activism,<br />
<strong>Consumer</strong>ism and Effect of<br />
Globalization; Competition Law<br />
and <strong>Consumer</strong>ism; Intellectual Property Rights, Technology and <strong>Consumer</strong><br />
Protection; Challenges before Redressal Mechanism; and Regulatory Issues in<br />
<strong>Consumer</strong> Protection.<br />
212
Dignitaries on the dais during the Valedictory Session<br />
Prof. Paramjit S. Jaswal, VC, RGNUL speaking during<br />
the Valedictory Session<br />
Valedictory<br />
Session<br />
began with Welcome Address<br />
by Prof. Paramjit S. Jaswal, Vice<br />
Chancellor, RGNUL. He<br />
thanked all the delegates who<br />
came and participated in<br />
seminar. He said the response<br />
to the seminar was<br />
overwhelming; not only the<br />
participants who had registered<br />
earlier came and participated in<br />
the seminar but there were on the spot registration as well. All the papers were<br />
well written and well presented. The papers were on range of issues covering<br />
various sectors of consumer protection. Unlike other seminars where the duration<br />
given for the presentation is too short, but here everybody got 10-12 min to<br />
present paper which was enough for two day seminar. The participation and help<br />
provided by faculty and staff was also encouraging. The level of participation by<br />
the students of the university was also good. The output of the seminar has been<br />
the book containing 26 papers which has been published and released. The rest<br />
of the papers will in future be published in the journal of the Centre on <strong>Consumer</strong><br />
Protection Law and Advocacy to be started shortly.<br />
213
Dr. Anand Pawar, Convener of the seminar presenting<br />
the report of the seminar<br />
Dr. Anand Pawar,<br />
Associate Professor, Centre for<br />
<strong>Consumer</strong> Protection Law and<br />
Advocacy, RGNUL and Convener<br />
of the seminar said that the<br />
Centre for <strong>Consumer</strong> Protection<br />
Law and Advocacy is one of 6<br />
centres of RGNUL which is taking<br />
up a number of academic<br />
activities in the area of consumer<br />
protection and welfare. Besides<br />
seminars and similar academic activities the Centre is also undertaking diploma<br />
and certificate courses in the area. This seminar was organised to highlight some<br />
of the problems the consumers are facing in the market due to unscrupulous<br />
activities of traders and inadequate competition. The discussions which have<br />
taken place in different sessions have been very interactive and fruitful.<br />
Suggestions that have emerged will be submitted to be authorities. In session on<br />
Competition Law and <strong>Consumer</strong>ism some very good suggestions have emerged<br />
regarding the Competition Act which have even been ignored by the Authorities<br />
and experts during the amendment of Competition Act. Even if this seminar will<br />
not be able to provide the answer for all the problems consumers face today but<br />
still it will no doubt be able to provide workable solutions to some of their<br />
problems and most importantly make them aware.<br />
Prof. Suresh Misra, Chair-<br />
Professor and Coordinator, Centre<br />
for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA in his<br />
address thanked Vice -Chancellor,<br />
RGNUL, Dr. Pawar and his<br />
colleague for organising the<br />
seminar in an excellent and<br />
befitting manner. Each institute<br />
faces limitations and problems of<br />
logistic. But inspite of those<br />
Prof. Suresh Misra, Chair-Professor and Coordinator,<br />
CCS, <strong>II</strong>PA addressing the participants<br />
214
limitations the university has been able to muster good number of academicians<br />
to attend the programme and the papers presented were also of good quality and<br />
on varied aspects of consumer protection. Scholars not only from Punjab but<br />
from various parts of the country attended the seminar and presented very good<br />
papers. Even the students also made some excellent presentations. This itself<br />
speaks of the success of the seminar. Faculty is the backbone of the institute.<br />
They had indeed put up their best and coordinated efforts to make the seminar a<br />
success and had taken care that the sessions take place in time and the show is<br />
run perfectly. I thank RGNUL on behalf of the <strong>II</strong>PA for organising the programme.<br />
Prof. V. K. Dixit, Visiting Professor, ILI speaking on the<br />
occasion<br />
Prof. V. K. Dixit, Visiting<br />
Professor, ILI in his address<br />
said that the seminar has been<br />
organised on a very important<br />
and seminal subject of<br />
consumer protection which<br />
affects all of us, rich or poor.<br />
The best part is that so many<br />
of us have in these two days<br />
been enlightened on our rights<br />
as consumers and what we<br />
can do in case we are cheated.<br />
This is an opportunity for the students to join the consumer movement to make a<br />
difference in the society. Even one serious student can make a difference as one<br />
sun is more powerful than millions of stars. Often we hear consumer is the king<br />
but mostly he is at receiving end as he is unorganised. It is absolutely necessary<br />
to have laws which support consumer. We have the laws but their implementation<br />
is tardy. The slow pace of administration, slow pace of judiciary and lack of<br />
awareness are reasons for lack of proper implementation of these laws. In this<br />
scenario one of the duties for the young generation is to make people aware. In<br />
present scenario it is the seller and not the buyer who decides what to purchase.<br />
It is the multinational corporations which decide what we should purchase, use,<br />
and eat. They are influencing each and every aspect of our lives. There are ads<br />
which show that if you use particular scent, particular brand of suit you will be<br />
215
surrounded by girls. These are misleading ads just to deceive the young people<br />
as the girls are not that foolish to go after boys only on their looks overlooking<br />
their qualities. <strong>Consumer</strong> has become a person who does not have a choice of<br />
his own. <strong>Consumer</strong> is just like a worm whose aim is to eat and desiccate. So it is<br />
duty of the young generation to protect the rights of consumers otherwise we will<br />
be taken over by the MNCs.<br />
Prof. S.R.S Bedi, Professor of International Law,<br />
RGNUL addressing the participants<br />
Prof. S.R.S Bedi,<br />
Professor of International Law,<br />
RGNUL in his address said that<br />
there is no doubt that in the<br />
present era of liberalisation and<br />
globalisation the consumer is<br />
helpless and needs protection.<br />
However, it is not merely a<br />
legislation that can provide<br />
protection to consumers. No<br />
matter how many legislations we<br />
create; mechanisms we generate unless humanity is awakened the situation will<br />
not change. Any branch of law can be seen from human angle and there is now<br />
need to see the buyer-seller relation from human angle to change the present<br />
dismal situation. It is required that the seller must look beyond his own profit and<br />
provide good quality products and services to the satisfaction of the consumers.<br />
Dr. Girish Jaswal, Member, SCDRC delivering the<br />
Valedictory Address<br />
Dr. Girish Jaswal, Wing<br />
Commander and Member,<br />
Punjab SCDRC in his<br />
Valedictory Address said that it<br />
was indeed heartening to see<br />
that the level of participation and<br />
commitment in the seminar was<br />
very good. It would not be over<br />
statement that it was much<br />
higher than seen earlier. The<br />
216
consumer movement is not very old in India. It was people like Manu Bhai Shah,<br />
President, CERC who spearheaded the consumer movement in India. He can be<br />
called the Ralf Nadar of India for his contributions to this movement.<br />
There were a number of laws existent in India before enactment of<br />
<strong>Consumer</strong> Protection Act, 1986 which dealt with various aspects of consumer<br />
Protection like food adulteration, weights and measures, essential commodities,<br />
standardisation, trademarks, etc. Over all these the CPA came as a handy tool as<br />
the justice was speedy, quick and inexpensive. It underwent amendments as and<br />
when required to keep pace with time. All of us are consumers; even traders are<br />
consumers of goods / service not generated by them. However, there are some<br />
problems which still persist in the consumer justice delivery system. The quasijudicial<br />
machinery under the Act is riddled with problems. Then the consumers<br />
face varied problems in the market place like traders selling beyond MRP;<br />
arbitrary MRP as nobody knows how the MRP is fixed and the cost of<br />
manufacture. Many VCOs are raising these issues at many forums. There are<br />
problems with the professional service providers as well. The doctors are<br />
prescribing many drugs which are not required and the patients are getting befooled.<br />
In India we do not have concept like prescription audits so the adequate<br />
checks on such unethical practices are missing. These are some of the areas<br />
which require immediate attention of the government and policy-makers. As the<br />
democracy advances many such issues will emerge and we have to find<br />
solutions to them as and when required. <strong>For</strong> finding solutions to emerging<br />
problems there is need for discussions and deliberations and such seminars<br />
provide a suitable platform for the same.<br />
The seminar came to an end with Vote of thanks by Dr. G.I. S. Sandhu,<br />
Registrar-cum- Professor of Law, RGNUL, Punjab.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Course Coordinators<br />
217
4 th Training Programme for the Coordinators and Advisors of State <strong>Consumer</strong><br />
Helplines on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(April 23-27, 2012)<br />
The Department of <strong>Consumer</strong> Affairs, GOI is in the process of setting up<br />
<strong>Consumer</strong> Helplines in all the states. <strong>II</strong>PA as the Nodal Agency to monitor and<br />
build the capacity of the personnel has the mandate to train all the coordinators<br />
and advisors of the helplines. As part of this a Training Programme for the<br />
Coordinators and Advisors of State <strong>Consumer</strong> Helplines on <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare was organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>,<br />
Indian Institute of Public Administration, New Delhi from April 23-27, 2012. The<br />
Department of <strong>Consumer</strong> Affairs, Government of India, sponsored the<br />
programme. 22 participants from different States attended the programme.<br />
Participants with Dr. Rakesh Hooja, Director, <strong>II</strong>PA<br />
The objectives of the training programme were to:<br />
<br />
<br />
<br />
<br />
<br />
acquaint the participants with the need and importance of <strong>Consumer</strong><br />
Helplines and the role of the Coordinators and Advisors of the SCH‘s.<br />
enhance their knowledge and skill in the area of <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare.<br />
build their capacity to manage SCH‘s and redress consumer grievances.<br />
enhance their knowledge and skill to provide consumers with information<br />
related to products and services and<br />
develop communication skills.<br />
218
During<br />
the<br />
Briefing/Inaugural Session, Prof.<br />
Suresh Misra, Chair Professor<br />
and Coordinator, CCS, <strong>II</strong>PA<br />
highlighted the importance of<br />
consumer protection in the<br />
present era and said that to<br />
make people aware of the<br />
consumer rights and also to<br />
provide better services, redressal<br />
machinery there is a need to<br />
Prof Suresh Misra, Chair Professor& Coordinator,<br />
CCS, <strong>II</strong>PA addressing the Participants<br />
develop confidence among consumers, making them self reliant by providing<br />
information. He informed the participants about the objectives of the programme,<br />
the topics to be covered, the methodology to be followed and the need for such<br />
a programme. Further they were briefed about as to what was expected from<br />
them during and after the training. While introducing themselves the participants<br />
provided information about their job profile, the status of the respective State<br />
Helpline, the kind of activities they organize, the nature of complaints coming to<br />
SCH and how they would be benefited from the programme.<br />
Participants in the Training Programme<br />
The Programme was divided into a number of thematic sessions:<br />
<strong>Consumer</strong> Protection & <strong>Consumer</strong> Welfare – An Overview by Prof. Suresh<br />
Misra, Chair Professor and Coordinator, CCS which provided an overview of the<br />
law and policy framework for <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare in<br />
219
India. Mr. S. K. Virmani, Project Manager, SCHKRMP, CCS, <strong>II</strong>PA in his<br />
presentations on Overview of General <strong>Consumer</strong> Problems and Role of Advisors,<br />
Personal Skills Development: Communication & Advice (Customer Relationships)<br />
and Telecom Services: Problems & Redressal, covered the various facets of<br />
consumer protection thus making the coordinators and advisors of State<br />
Helplines aware of how to deal with consumer issues and give good and<br />
constructive advice to the aggrieved consumers. <strong>Consumer</strong> Protection: Law and<br />
Policy was covered by Dr. Sapna Chadah, Assistant Professor, <strong>II</strong>PA which gave<br />
a comprehensive picture of the law and the <strong>Consumer</strong><br />
Protection Act. A session on <strong>Consumer</strong> Protection: Education &<br />
Awareness, highlighting the various schemes and programmes of the<br />
Department of <strong>Consumer</strong> Affairs aimed at generating awareness was covered by<br />
Dr. Mamta Pathania, Assistant Professor, <strong>Consumer</strong> <strong>Studies</strong>, CCS, <strong>II</strong>PA.<br />
Other themes covered were: Banking Services & <strong>Consumer</strong> Protection by<br />
Shri G. Mallikarjun; Electricity Services & <strong>Consumer</strong> Protection by Shri B S<br />
Sachdeva; Misleading Advertisements and the <strong>Consumer</strong> by Mrs Pushpa<br />
Girimaji; RTI: A Tool to <strong>Consumer</strong> Empowerment by Dr Rajvir Dhaka;<br />
Standardization and the <strong>Consumer</strong> by Shri V K Singh; Working of <strong>Consumer</strong><br />
Redressal Agencies by Dr. Premlata; Insurance Services and <strong>Consumer</strong><br />
Protection by Sh. S. M Tripathi, IT Portal Training and Practice Session by Shri S<br />
K Virmani and Mr. Ashish Gaur, Legal Metrology: An Overview by Shri B N Dixit<br />
and Role of Coordination & Motivation in Efficient Functioning of State <strong>Consumer</strong><br />
Helplines by Dr. Jayashree Pillai<br />
Participants during the IT Portal Training Session<br />
220
To make the programme more participatory the participants were divided<br />
into groups and each group was given one topic relating to <strong>Consumer</strong><br />
Grievances which was discussed in the group and later on presented. The topics<br />
of group report presentation were- <strong>Consumer</strong> Education and Awareness is the<br />
best way to protect the consumers. How can this be enhanced and what role<br />
State <strong>Consumer</strong> Helplines can play; Assess the Quality of Services being<br />
provided by the service providers (Banking, Insurance, Electricity, etc). What<br />
steps can be taken to protect the consumers from deficiency in services;<br />
Advertisement is a major source of Information and consumer education. What<br />
steps should be taken to protect the consumer from misleading advertisements<br />
and <strong>Consumer</strong> Protection has an important role to play in the emerging Global<br />
Market. How can this be enhanced. The main thrust of the programme was to<br />
acquaint the participants with the kind of problems that are faced by the<br />
consumers in various service sectors and the mechanism of redressal of their<br />
grievances by the consumer courts.<br />
Participants presenting the Group Repor<br />
Each group was to prepare a group report on the given topics, keeping in view the<br />
problems in the particular sector and provide their suggestions for future course of<br />
action .The presentations were very interactive and participatory.<br />
221
Shri G N Sreekumaran, <strong>For</strong>mer JS, DCA, GOI and Consultant,<br />
SCHKRMP, CCS, <strong>II</strong>PA delivering the Valedictory Address<br />
On the concluding day the Valedictory Address was delivered by Shri G N<br />
Sreekumaran, <strong>For</strong>mer JS, DCA, GOI and Consultant, State <strong>Consumer</strong> Helpline<br />
Knowledge Resource Management Portal, CCS, <strong>II</strong>PA .He in his Valedictory<br />
Address said that a common software has been got developed by Govt. of India<br />
and shall be hosted centrally on servers at <strong>II</strong>PA. He highlighted that uniformity of<br />
the software for the helplines is on the cards and would shortly be streamlined in<br />
all the States. He further said that the States <strong>Consumer</strong> Helpline would be<br />
working on the common software so as to ensure common advisory system<br />
across the country. This software also contains knowledgebase database<br />
wherein besides others, the details of (FoPs) frequent occurring problems and<br />
their solutions are provided. Efforts would also be made to include State wise<br />
Nodal Officers of the service providers so that the customers would be able to<br />
approach them to get redressal to their complaints. He highlighted that Govt. of<br />
India also plans to set up <strong>Consumer</strong> Advice Centres in all the districts and they<br />
would also be able to access the same software. He stressed that Govt. of India<br />
has made <strong>II</strong>PA as a Nodal Agency to impart the training to the coordinators and<br />
advisors of States <strong>Consumer</strong> Helpline from time to time and this training<br />
programme is the fourth one in the series.<br />
222
Shri G N Sreekumaran <strong>For</strong>mer JS, DCA, GOI and Consultant, SCHKRMP,<br />
CCS, <strong>II</strong>PA while giving the certificates to the Participants<br />
In the end the certificates were distributed to the participants by Shri G N<br />
Sreekumaran, <strong>For</strong>mer JS, DCA, GOI and Consultant, State Helpline Knowledge<br />
Resource Management Portal, <strong>II</strong>PA followed by a formal Vote of thanks by Dr<br />
Mamta Pathania, Course Coordinator.<br />
Views /opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
13 9 - -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
14 8 - -<br />
223
3. How useful is the training likely to be in future jobs that you may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
12 10 - -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all<br />
11 10 1 -<br />
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant<br />
15 6 1 -<br />
Not at all relevant<br />
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied<br />
to a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 11 7 3 - 1<br />
b. Residential<br />
5 9 5 - 3<br />
accommodation<br />
c. Food quality and 3 9 7 2 1<br />
service<br />
d. Class room Facilities 15 4 1 - 2<br />
e. Interaction with the<br />
Faculty<br />
NC/<br />
NA<br />
14 7 - - 1<br />
f. Recreation Facilities 8 8 2 1 3<br />
224
7. Assessment of Training Faculty/Sessions (22 Participants responded)<br />
Sl.<br />
Topic<br />
Name of<br />
Assessment<br />
No.<br />
Speaker<br />
Excellent Very Good Fai NC<br />
Good r<br />
1. An Overview - of <strong>Consumer</strong> Suresh Misra 15 5 1 - 1<br />
Protection & <strong>Consumer</strong> Welfare<br />
2. Overview of General <strong>Consumer</strong> S. K. Virmani 16 4 1 - 1<br />
Problems and Role of Advisors<br />
3. Understanding the <strong>Consumer</strong> Sapna Chadah 8 12 1 - 1<br />
Protection: Law & Policy<br />
4. Insight to <strong>Consumer</strong> Education Mamta Pathania 15 6 1 - -<br />
& <strong>Consumer</strong> Awareness<br />
5. Personal Skills Development : S. K. Virmani 15 5 2 - -<br />
Communication & Advice<br />
(Customer Relationships)<br />
6. Banking Services & <strong>Consumer</strong> G. Mallikarjun 11 9 2 - -<br />
Protection<br />
7. Electricity Services & <strong>Consumer</strong> B. S. Sachdeva 2 10 7 2 1<br />
Protection<br />
8. Misleading Advertisement and Pushpa Girimaji 8 10 4 - -<br />
<strong>Consumer</strong><br />
9. RTI: A Tool to <strong>Consumer</strong> Rajvir Dhaka 7 9 5 - 1<br />
Empowerment<br />
10. Standardization and the V. K. Singh 8 11 3 - -<br />
<strong>Consumer</strong><br />
11. Working of <strong>Consumer</strong> Redressal Premlata 11 6 4 - 1<br />
<strong>For</strong>ums<br />
12. Insurance Services & <strong>Consumer</strong> S. M. Tripathi 4 10 6 1 1<br />
Protection<br />
13. IT Portal Training and Practice S. K. Virmani 16 4 2 - -<br />
Session<br />
Ashish Gaur<br />
14. Legal Metrology: An Overview B. N. Dixit - 6 4 10 2<br />
15. Role of Coordination &<br />
Motivation in Efficient<br />
Functioning of State <strong>Consumer</strong><br />
Helplines<br />
16. Telecom Services: Problems &<br />
Redressal<br />
17. Evaluation/Open House<br />
Discussion<br />
Jayashree Pillai 10 9 2 - 1<br />
S. K. Virmani 16 5 1 - -<br />
Mamta Pathania<br />
S. K. Virmani<br />
17 4 1 - -<br />
225
8. Which parts of the course did you find most helpful<br />
All 7<br />
Insight to <strong>Consumer</strong> Education & <strong>Consumer</strong> Awareness 7<br />
IT Portal Training and Practice Session 5<br />
Understanding the <strong>Consumer</strong> Protection: Law & Policy 2<br />
Personal skills Development; Communication & Advice 2<br />
RTI:A Tool to <strong>Consumer</strong> Empowerment 2<br />
Banking Services and <strong>Consumer</strong> Protection 2<br />
Overview of General <strong>Consumer</strong> Problems & Role of Advisors 1<br />
An Overview of <strong>Consumer</strong> Protection &<strong>Consumer</strong> Welfare 1<br />
Working of <strong>Consumer</strong> Redressal Agencies 1<br />
Role of Coordination &Motivation in the Efficient Functioning 1<br />
of the State <strong>Consumer</strong> Helplines<br />
Standardization and <strong>Consumer</strong> 1<br />
Telecom Services: Problems and Redressal 1<br />
9. Which parts of the course did you find least helpful<br />
None 12<br />
Legal Metrology: An Overview 5<br />
Electricity and the <strong>Consumer</strong> 3<br />
Insurance and <strong>Consumer</strong> 2<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair NC<br />
9 11 1 - 1<br />
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
21 1 -<br />
226
12. Any other comments/ observations you wish to make about the course.<br />
<br />
<br />
<br />
<br />
<br />
Will be able to manage the State <strong>Consumer</strong> Helplines more efficiently and<br />
also helpful for setting up of CAC‘s<br />
Enhanced our knowledge in <strong>Consumer</strong> Protection and also in resolving<br />
day to day problems.<br />
Will help in understanding the relationship between complainant and the<br />
service provider.<br />
Enhanced our knowledge about how to use consumer rights in our social<br />
and personal life.<br />
Learnt about developing communication skills.<br />
13. Any other comments/ observations you wish to make about the course:<br />
<br />
<br />
<br />
<br />
<br />
Well structured Programme which gave in depth analysis of various topics<br />
related to consumer protection and consumer welfare.<br />
Such type of programmes should be organized regularly and should of<br />
longer duration.<br />
Every day some time should be given for group discussion on topics<br />
delivered earlier.<br />
The Programme was very punctual and precise.<br />
Quality of food and hostel maintenance needs to be improved a bit.<br />
We would like to place on record the practice followed in the Indian<br />
Institute of Public Administration to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
The report would be incomplete, if we do not record our appreciation to the<br />
officers and staff of the Administration and Training sections of the Institute for<br />
their help. However, Dr. Naresh Kumar (Registrar), Dr. C. Giri (Deputy Registrar,<br />
Administration), Shri R D Kardam (Training Assistant) and other training staff<br />
deserve special mention for their support.<br />
227
We would also like to take this opportunity to acknowledge our thanks to<br />
Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance and support. The Secretary,<br />
Additional Secretary and Joint Secretary, Department of <strong>Consumer</strong> Affairs,<br />
Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution, Government of India,<br />
deserve special thanks for sponsoring the Centre for <strong>Consumer</strong> <strong>Studies</strong> and<br />
reposing confidence and trust in the Indian Institute of Public Administration, New<br />
Delhi.<br />
(S. K. Virmani)<br />
(Mamta Pathania)<br />
Course Coordinators<br />
228
76 th Orientation Training Programme for the Presidents and<br />
Members of the District <strong>Consumer</strong> <strong>For</strong>ums<br />
(May 7-11, 2012)<br />
The 76 th Orientation Training Programme for the Presidents and Members<br />
of the District <strong>Consumer</strong> <strong>For</strong>ums was organised by the Centre for <strong>Consumer</strong><br />
<strong>Studies</strong>, the Indian Institute of Public Administration, New Delhi from May 7-11,<br />
2012. The programme was sponsored by the Department of <strong>Consumer</strong> Affairs,<br />
GoI. 29 participants from Uttar Pradesh, which included 7 Presidents and 22<br />
Members, attended the programme. The objectives of the programme were to<br />
build the capacity of the Presidents and Members of the District <strong>For</strong>ums to enable<br />
the redressal mechanism function effectively; to enhance the skills of the<br />
participants; and to acquaint them with the latest developments and judgments in<br />
the area of consumer jurisprudence.<br />
Participants of 76 th Orientation Training Programme<br />
The Course Coordinators Prof. Suresh Misra and Dr. Sapna Chadah<br />
welcomed the participants and briefed them about the programme objectives,<br />
contents and expectations from the participants. The participants while<br />
introducing themselves provided information about their educational qualification,<br />
work experience and the working of the District <strong>Consumer</strong> <strong>For</strong>um. While<br />
highlighting the working of the District <strong>Consumer</strong> <strong>For</strong>ums, the participants gave<br />
an account of the nature of complaints, total number of pending cases, monthly<br />
disposal of cases and the time taken for the disposal of complaints. They also<br />
229
shared information about availability of infrastructure facilities and working<br />
environment, including facilities available to them. The participants in general<br />
highlighted the various problems faced by them in discharging their<br />
responsibilities.<br />
Hon’ble Shri Justice Bhanwar Singh,<br />
<strong>For</strong>mer President, UP SCDRC delivering<br />
the Inaugural Address<br />
The programme was<br />
inaugurated by Hon‘ble Shri Justice<br />
Bhanwar Singh, <strong>For</strong>mer President, UP<br />
State <strong>Consumer</strong> Disputes Redressal<br />
Commission. He said that though the<br />
<strong>Consumer</strong> Protection Act has<br />
completed 25 years still it is in infancy<br />
stage. It was enacted with an objective<br />
to provide quick, speedy and<br />
inexpensive redressal to the consumers.<br />
However, it has not developed the way<br />
it was expected to be for various reasons like lack of infrastructure, lack of staff<br />
etc. which have led to pendency and delay. But we should not loose heart as<br />
every new venture has initial teething problems. There is need for us to rise<br />
above these problems and adopt a consumer friendly system to build consumer<br />
confidence in the system. The system in U.P could not get the desired attention<br />
till Supreme Court in one of its judgments issued the necessary directions. Now<br />
most of the forums have the desired infrastructure funded by the Central<br />
government but maintenance remains a problem. Though computers have been<br />
provided but no to be improved for proper maintenance grants have been given.<br />
To develop consumer trust in the grievance redressal machinery, there is<br />
need to bring good governance and discipline in the working of the forums. The<br />
contours need to be properly defined. There is need to develop mutual respect<br />
and understanding among President, Members, staff, advocates, and litigants.<br />
The case should be decided in time bound manner and judgment must be<br />
pronounced at the earliest. Most of the time the judgments are not delivered<br />
within the statutory period of 3-5 months which sends wrong message to the<br />
litigants. Judgments should be delivered in time and as per rules to gain respect<br />
from the parties and Bar. There is need to maintain punctuality and time by the<br />
230
Members. We have to rise above these problems and adopt a consumer friendly<br />
system. There is need for coordination among Presidents and Members<br />
especially when it comes to writing judgments. There should not be any<br />
difference of opinion in this field as far as possible. He advised the participants to<br />
try and avoid conflicts of any sort. The output prescribed by National Commission<br />
is disposal of 70-80 cases per month but this benchmark is not being achieved in<br />
most of the forums. There is need to pay attention to this and there should not be<br />
any alibi for non-performance. Now the trend for outsourcing of judgment writing<br />
has started wherein it is given to advocates. This is not only misconduct but total<br />
injustice to the consumers. No doubt there should be coordination in writing<br />
judgments; but difference of opinion should also be respected. We have to be<br />
cautious of the provisions of RTI Act as well, as it is applicable to all our activities.<br />
There are also complaints regarding deciding complaints involving known ones<br />
as no one can be judge in his own cause. This is against the principles of natural<br />
justice.<br />
Lack of trained staff is the major hindrance in proper functioning of the<br />
forums. There is need to engage properly qualified young people for maintaining<br />
and managing cause list and list the cases according to priority. If a MBA degree<br />
holder is engaged for forum management, it will definitely lead to better<br />
management of the forum. Now even High Courts are engaging judgment writers<br />
instead of stenographers for better delivery of justice. But such initiatives cannot<br />
be undertaken due to lack of funds. There is also need for training for the staff. If<br />
the existing staff members are trained properly it can also be quite helpful in<br />
improving the functioning of forums.<br />
Further he advised the<br />
Presidents and Members to try and<br />
learning computers in free time as<br />
there is no age for learn and nobody is<br />
old to learn anything. During the free<br />
time, try to browse through internet and<br />
learn different judgments of SC,<br />
231<br />
Hon’ble Shri Justice Bhanwar Singh<br />
interacting with the participants
NCDRC and other SCDRCs. Working on computers will definitely improve your<br />
functioning. You need to change with the changing times and adopt new<br />
methods.<br />
He also explained various provisions and intricacies of the Act with the<br />
help of various judgments of Supreme Court and National Commission. With<br />
changing time there is also an increase in frivolous complaints. In a related case<br />
a child was having all the fingers of his hand and toe fused and the doctor was<br />
able to separate the fingers of both hands and one foot. Even after this the father<br />
of the child brought a complaint of medical negligence against the doctor on the<br />
ground that the doctor has not been able to separate the fingers of the other foot.<br />
The case went up to NCDRC. The NCDRC fined the complainant with ` 10000/-<br />
and praised the doctor. They said you need to see the case in totality to find<br />
whether there is negligence or not. Similarly a person brought packets of<br />
‗satmola‘. One of the packets was empty which was worth ` 3. A complaint was<br />
filed and ` 4000 was awarded by District <strong>For</strong>um which was reduced to ` 2000 by<br />
SCDRC. But NCDRC said that the frivolous claims of this sort should not be<br />
encouraged. If it is a matter of overcharging that is a different matter.<br />
Justice Singh cited a judgment of the Supreme Court according to which<br />
the power of restoration does not vest with District <strong>For</strong>um and cautioned the<br />
participants to be careful while dismissing the complaints as they cannot restore<br />
the same later. CPA is a code in itself. The power which has not been given by<br />
the Parliament is not available to District <strong>For</strong>um, SCDRC and even NCDRC.<br />
Though restoration is an inherent power of the court as the court which has<br />
power to dismiss in default also has power to restore. But the same cannot be<br />
exercised by <strong>For</strong>ums as it is against the decision of S.C. Therefore, the <strong>For</strong>ums<br />
should be cautious while dismissing the claim in default. The case should not be<br />
dismissed in default as a routine matters.<br />
The Supreme Court has indeed contributed a lot to development of CPA<br />
and consumer jurisprudence. It was the judgment by the Supreme Court which<br />
brought in medical services within the purview of the Act. Now very frequently<br />
medical negligence cases are coming before forums. In one of the cases, which<br />
came before SCDRC, a boy with head injury was administered an injection of<br />
232
Doxapram, which should never be administered in head injury as it is fatal.<br />
Sometimes a situation arises where eventhough the doctor is not found negligent<br />
but there is deficiency in service on the part of the hospital. So there are two<br />
issues w.r.t medical services (i) whether there is medical negligence on part of<br />
doctor, or, (2) whether there is deficiency in service on the part of the hospital<br />
and other staff. In one of the cases a lady in Gorakhpur was operated for gall<br />
bladder surgery. When abdomen was opened it was found that there was<br />
malignancy in ‗Porta‘– organ attached to gall bladder. Doctor did not touch the<br />
gall bladder; he just took a tissue of it and sent it for testing. Everything was<br />
reported in records. During the period of 10 days when the tissue was sent for<br />
testing no action was taken by the hospital. The patient was neither referred to<br />
any cancer hospital nor was any cancer specialist called. So hospital was held<br />
guilty of negligence and ` 10 lac was granted for the same.<br />
In another case a doctor was running his own nursing home. He himself<br />
was gynaecologist. He performed a delivery operation; but wrongfully mentioned<br />
it as hysterectomy – removal of uterus. This caused a mental stress and shock to<br />
the family. After one week he corrected his mistake. In such cases very high<br />
compensation should not be given as there is no injury as such. In a case where<br />
the boy is suffering from AIDS and his fiancée is informed about his condition it is<br />
not deficiency in service. But if it is divulged to other third party like press and<br />
society, then it will fall within the ambit of deficiency. In banking service<br />
acceptance of small denomination note is duty of the bank as it is central<br />
government currency. Therefore a bank was fined by UP SCDRC for refusing to<br />
take currency of small denomination.<br />
The programme was divided<br />
into a number of thematic sessions. In<br />
the introductory session Prof. Suresh<br />
Misra illustrated the need and<br />
importance of <strong>Consumer</strong> Protection in<br />
the emerging world order. He focused<br />
on various problems being faced by<br />
the consumers and illustrated the lack<br />
Prof. Suresh Misra, Chair Professor &<br />
Coordinator, CCS, <strong>II</strong>PA interacting with the<br />
participants in the session<br />
233
of concern among the business towards consumer welfare.<br />
He also gave a comprehensive picture of the international dimension of<br />
<strong>Consumer</strong> Protection and traced the<br />
growth of consumer movement. He<br />
highlighted that it is in the interest of<br />
the business to provide quality<br />
products and services to the<br />
consumers. Dr. Sapna Chadah in her<br />
presentation analysed the legal<br />
history of consumer protection in<br />
India and the rationale for enactment<br />
of the <strong>Consumer</strong> Protection Act in<br />
1986. She gave a bird‘s eye view of the CP Act and its various provisions.<br />
Illustrating her point with a number of examples and judgments of the National<br />
Commission and the Supreme Court Dr. Sapna focused on the outcome in terms<br />
of relief to the consumers and the development of consumer case law. Dr. Mamta<br />
Pathania discussed in detail the ways and means to educate the consumers and<br />
enhance awareness. She also gave an account of the various programmes and<br />
policies of the Department of <strong>Consumer</strong> Affairs to educate the consumers. The<br />
other sessions were on Insurance and <strong>Consumer</strong> by Shri S.M. Tripathi, Defective<br />
Goods & <strong>Consumer</strong> and Banking & <strong>Consumer</strong> by Dr. G.K. Kapoor, Housing and<br />
<strong>Consumer</strong> by Mr. Rabindra Bana and Medical Negligence and <strong>Consumer</strong> by Dr.<br />
Kiran Gupta.<br />
Participants of the training programme during<br />
one of the sessions<br />
Participants making group presentation<br />
234
The programme was participatory in nature. The participants were divided<br />
into various groups to work on case laws. The objective was to help the new<br />
members to understand case law and interpret various provisions in a case law.<br />
The participants presented their reports and the Presidents gave their comments<br />
on the analysis and format of case laws followed by discussion. Apart from this<br />
the participants were given a comprehensive input on Judgment Writing and how<br />
a good and effective judgment is to be written. A good judgment should highlight<br />
the facts and the parties should be able to understand the order. The participating<br />
members were given specific cases on which they had to write their judgments.<br />
They judgments were discussed before a panel consisting of the Programme<br />
Directors and the Presidents of the District <strong>For</strong>um.<br />
During the Programme the participants visited the National Commission<br />
and saw the proceedings of the Commission. They also met Hon‘ble Justice Shri<br />
Ashok Bhan, President, NCDRC and Hon‘ble Justice Shri R.C. Jain, Member,<br />
NCDRC. They inquired about the working conditions at the forums and problems<br />
faced by the Members. They also clarified a number of doubts, relating to<br />
honorarium and legal interpretations of the provisions of the CPA, raised by the<br />
participants.<br />
Hon’ble Shri Justice R.C. Jain, Member<br />
NCDRC delivering the Valedictory Address<br />
On the concluding day<br />
Hon‘ble Shri Justice R.C. Jain,<br />
Member, NCDRC delivered the<br />
Valedictory Address and distributed<br />
certificates to the participants. He<br />
said that the District <strong>For</strong>ums are the<br />
first level of contact and interaction<br />
with the consumers and opposite<br />
parties. Only 5% of cases handled<br />
at the first tier reach the higher fora.<br />
The fora have been in existence for<br />
more than two decades now. The question to ponder over is whether we have<br />
been effective or not. The forums in U.P state are having the largest pendency.<br />
To maintain consumer‘s faith in the system it is must that the District <strong>For</strong>ums<br />
should be effective and efficient. This requires that the complaints should be<br />
235
decided in time bound manner following the summary procedures. If possible the<br />
Presidents and Members of the <strong>For</strong>ums should try to resolve disputes by<br />
compromise between the parties. He advised the participants to learn the art of<br />
deciding cases by compromise between the parties. <strong>For</strong> quick disposal of the<br />
cases it is also necessary that the members should also take part in writing the<br />
judgments.<br />
He advised the participants to stick to the Principles of Natural Justice and<br />
avoid following CPC and Evidence Act which unnecessarily complicates the<br />
matter. As regards the grant of relief is concerned one should follow the<br />
provisions of section 14. Many reliefs are there in section 14; but the question is<br />
how far we are going according to the spirit of section 14. He said one should not<br />
be arbitrary in giving relief to the consumer and try to access the loss done.<br />
However, exact calculation of the loss is not possible but it should be reasonable.<br />
The idea is to adequately compensate the consumer and not to make him rich.<br />
The forums no doubt need to have a consumer friendly attitude but they have to<br />
do justice to both the parties. So the assessment of the loss should be justiciable.<br />
Both the Supreme Court and the National Commission have laid down<br />
parameters for assessment of compensation which must be kept in mind.<br />
Ultimately the compensation should neither be too low or too high. It should not<br />
lead to unjust enrichment of the complainant.<br />
The complainant also should not be allowed to misuse the machinery for<br />
his personal gain. If the complaint is frivolous or vexatious then the person who<br />
has come maliciously must be imposed penalty under section 26. If somebody<br />
wants to misuse or abuse the system, he must be taken to task. The objective<br />
should be to do things as they have been prescribed under the Act and we<br />
should try to fulfill the objective of the Act. The exercise of jurisdiction under<br />
sections 25 and 27 should only be done when it is really needed. Do not issue<br />
such harsh directions at first instance; give a chance to the parties to comply with<br />
the order. Be reasonable and just but at the same time be very strict to have<br />
compliance of the order.<br />
There are many issues which arise in the functioning of the forum and you<br />
have to evolve mechanism according to the situation but within the parameters of<br />
236
CPA. You need to bring down the pendency of the forums which requires<br />
commitment from your side. <strong>For</strong> this the Presidents and Members must devote<br />
their time and sit in the court from 10 am to 4 pm. You have taken this<br />
assignment in the interest and welfare of society and the lay consumers. You<br />
must see that justice is done to them. Regulations prescribe that order should be<br />
delivered in 15 days but usually that is not done. The people should have faith in<br />
you then only it is worthwhile for you to be in the forum. With a little more effort<br />
you can do much more which will definitely go a long way in building consumer<br />
trust in the system.<br />
Views/opinions of the participants on different aspects of the Training<br />
Workshop are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
17 12 - -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
21 8 - -<br />
3. How useful is the training likely to be in future jobs that your may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
18 10 1 -<br />
4. How far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all<br />
14 8 7 -<br />
237
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly relevant Not at all relevant NC<br />
19 8 - 1 1<br />
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied<br />
to a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 20 5 4 - -<br />
b. Residential<br />
accommodation<br />
c. Food quality and<br />
service<br />
d. Class room<br />
Facilities<br />
e. Interaction with the<br />
Faculty<br />
17 7 4 1 -<br />
NC/<br />
NA<br />
12 5 7 3 2<br />
22 5 1 - 1<br />
20 6 1 - 2<br />
f. Recreation Facilities 18 6 4 - 1<br />
238
Sl.<br />
No.<br />
7. Assessment of Training Faculty/sessions (29 Participants responded)<br />
Topic Name of Speaker Assessment<br />
Excellent Very<br />
Good<br />
Good Fair<br />
NC<br />
1. <strong>Consumer</strong> Protection: An Overview Suresh Misra 18 6 2 - 3<br />
2. <strong>Consumer</strong> Protection: Law and Policy Sapna Chadah 19 5 2 - 3<br />
3. <strong>Consumer</strong> Education and Awareness Mamta Pathania 8 13 4 - 4<br />
4. Art of Judgment Writing Sapna Chadah 17 5 3 - 4<br />
5. Insurance and <strong>Consumer</strong> S. M. Tripathi 20 3 2 - 4<br />
6. Defective Goods and <strong>Consumer</strong> G. K. Kappor 13 9 3 - 4<br />
7. Banking and <strong>Consumer</strong> G. K. Kapoor 14 10 2 - 3<br />
8. Case Law Discussion Suresh Misra<br />
Sapna Chadah<br />
16 6 3 - 4<br />
9. Housing and <strong>Consumer</strong> Ravindra Bana 12 7 6 - 4<br />
10. Visit to NCDRC Suresh Misra<br />
Sapna Chadah<br />
20 4 2 - 3<br />
11. Medical Negligence and <strong>Consumer</strong> Kiran Gupta 15 9 1 - 4<br />
12. Case Law Presentation Suresh Misra<br />
Sapna Chadah<br />
15 7 2 1 4<br />
13. Presentation of Judgment Suresh Misra<br />
Sapna Chadah<br />
15 6 3 - 5<br />
8. Which parts of the course did you find most helpful<br />
Case Law Discussion 11<br />
All 8<br />
Visit to NCDRC 7<br />
Case Law Presentation 6<br />
Housing and <strong>Consumer</strong> 4<br />
Insurance and <strong>Consumer</strong> 4<br />
Medical Negligence and <strong>Consumer</strong> 3<br />
Presentation of Judgment 2<br />
Art of Judgment Writing 1<br />
Banking and <strong>Consumer</strong> 1<br />
239
9. Which parts of the course did you find least helpful<br />
None 11<br />
Banking and <strong>Consumer</strong> 5<br />
Housing and <strong>Consumer</strong> 2<br />
<strong>Consumer</strong> Protection : Law & Policy 1<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair<br />
11 14 4 -<br />
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
28 1 -<br />
Lectures on various topics by the speakers with recent decisions<br />
improved the knowledge.<br />
Got an idea for writing the judgments.<br />
Landmark judgments on important subjects will be helpful in deciding<br />
cases pending before the forum.<br />
We came to know of the latest case laws on the subject.<br />
The course covered all the areas of consumer protection law with specific<br />
reference to the role and objective of consumer courts for optimum<br />
remedies to the consumers.<br />
It helped us to gain knowledge about the latest rulings of higher courts<br />
on the subject.<br />
Were given knowledge on the various laws dealing with consumer<br />
protection.<br />
The reading material supplied was good.<br />
Interaction during the group discussion was good and informative.<br />
12. Any other comments/ observations you wish to make about the course.<br />
Very helpful course.<br />
The duration of the Programme may be increased.<br />
240
Hostel maintenance and mess facilities require improvement.<br />
Boarding and lodging facilities need to be improved.<br />
We would like to place on record that the practice followed in the Indian<br />
Institute of Public Administration is to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
This report would be incomplete, if we do not record our appreciation for<br />
the help rendered by the officers and staff of the Administration and Training<br />
Sections of the Institute. Dr. Naresh Kumar (Registrar) and Dr. C. Giri (Deputy<br />
Registrar, Academic Support), and Shri Rajesh Kumar (Training Assistant)<br />
deserve special mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude<br />
to Dr. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance, encouragement and proactive<br />
interest. We are also thankful to our colleagues in the Centre for their<br />
unstinted support and co-operation but for which the programme could not have<br />
been organised in a befitting manner. The credit for success of the programme<br />
goes to the entire team. We are also grateful to the Hon‘ble President and<br />
Members of the National <strong>Consumer</strong> Disputes Redressal Commission for<br />
providing opportunity to the participants to visit the Commission and observe its<br />
proceedings. In this regard efforts and support provided by Shri. H. D. Nautiyal,<br />
Registrar, NCDRC, deserves a special mention and appreciation. The Secretary,<br />
Additional Secretary and Joint-Secretary, Department of <strong>Consumer</strong> Affairs,<br />
Ministry of <strong>Consumer</strong> Affairs, Food and Public Distribution, Government of India,<br />
deserve special thanks for sponsoring the programme and reposing confidence<br />
and trust in the Indian Institute of Public Administration, New Delhi.<br />
(Sapna Chadah)<br />
(Suresh Misra)<br />
Course Coordinators<br />
241
Seminar<br />
on<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(May 20, 2012)<br />
A Seminar on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was organized<br />
by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public Administration,<br />
New Delhi in collaboration with Rajkot Saher Jilla Grahak Suraksha Mandal,<br />
Rajkot at Rotary Greater Bhavan, Rajkot, Gujarat on May 20, 2012. The<br />
Department of <strong>Consumer</strong> Affairs, Government of India, sponsored the<br />
programme. 280 participants attended the Seminar.<br />
The objectives of the training programme were to:<br />
<br />
to enhance the knowledge and skill of the participants in the area of<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare;<br />
<br />
<br />
<br />
<br />
understand the need and importance of <strong>Consumer</strong> Protection and Welfare<br />
and the role of various stakeholders;<br />
explain the various provisions of the <strong>Consumer</strong> Protection Act and other<br />
legislations having a bearing on <strong>Consumer</strong> Protection;<br />
discuss the legal dimensions of <strong>Consumer</strong> Protection in different service<br />
sectors such as housing, medical, banking, insurance etc<br />
enhance knowledge and skill to provide consumers with information<br />
related to products and services<br />
The Programme commenced with a<br />
Welcome Address by Shri Ramjibhai B<br />
Mavani, Founder President, Rajkot Saher<br />
Jilla Grahak Suraksha Mandal, Rajkot and<br />
Ex-MP(Lok Sabha). He briefed the<br />
participants about the objectives of the<br />
programme, the topics to be covered. Shri<br />
S. M. Udani welcomed the guest with<br />
flowers.<br />
Shri Ramjibhai B Mavani, Founder President,<br />
Rajkot Saher Jilla Grahak Suraksha<br />
Mandal,Rajkot and Ex-MP(Lok Sabha)<br />
delivering the Welcome Address<br />
242
Shri Vajubhai Vala, Finance Minister,<br />
Government of Gujarat delivering the<br />
Inaugural Address<br />
The programme was inaugurated by<br />
Shri. Vajubhai Vala, Finance Minister,<br />
Government of Gujarat. In his Inaugural<br />
Address, Shri Vajubhai Vala described<br />
consumer protection as the need of the<br />
hour. He said that today with the advent of<br />
liberalization things have changed. Due to<br />
lack of activism in this area today we are<br />
confronted with numerous problems such<br />
as deficiency in services and adulterated<br />
and spurious products which are further<br />
leading to health hazards. He said that in<br />
the globalised world with the technological<br />
advancements the consumer is confronted<br />
with new and difficult challenges. In such a scenario, educating the consumers<br />
about their rights has become all more important. With this objective in mind the<br />
Rajkot Saher Jilla Grahak Suraksha Mandal, Rajkot is organizing this Seminar in<br />
collaboration with the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public<br />
Administration, New Delhi.<br />
The other dignitaries present on the occasion were Shri. Rajkumar,<br />
Principal Secretary, Department of <strong>Consumer</strong> Affairs, Government of Gujarat.<br />
The programme was presided by Shri. C.K. Thakker, <strong>For</strong>mer Judge, Supreme<br />
Court of India. Prof. Suresh Misra, Chair Professor and Coordinator CCS, <strong>II</strong>PA<br />
delivered the Special Address.<br />
Shri Rajkumar, Principal Secretary,<br />
Department of <strong>Consumer</strong> Affairs,<br />
Government of Gujarat while addressing the<br />
participants emphasized on the need to<br />
strengthen the consumer movement in the<br />
State. He said everybody is a consumer in<br />
one or the other way and is affected by the<br />
ills of the market like spurious goods,<br />
Shri. Rajkumar, Principal Secretary, Department<br />
adulteration, etc. Therefore there is a need<br />
of <strong>Consumer</strong> Affairs, Government of Gujarat<br />
Addressing the Participants<br />
243
to look after these aspects .Talking about consumer awareness he said that the<br />
<strong>Center</strong> of <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA is doing a commendable job by taking the<br />
consumer issues in to and making the consumers aware of the C.P Act and also<br />
about consumer rights.<br />
Prof. Suresh Misra, Chair Professor,<br />
CCS, <strong>II</strong>PA while addressing the<br />
participants said that to make people<br />
aware of the consumer rights, the redressal<br />
machinery, and also to provide better<br />
services there is a need to develop<br />
confidence among consumers, by<br />
providing information. He highlighted that<br />
the subject of consumer protection is an<br />
area about which many of us still have a<br />
Prof. Suresh Misra, Chair Professor,<br />
CCS, <strong>II</strong>PA Addressing the Participants<br />
vague idea. The technological revolution and the expansion of the media in the<br />
present era has had a lot of impact on the consumers. Global world has<br />
completely changed the range of products and services for people in the retail<br />
market. Widespread exchange of goods, services and ideas have influenced<br />
changes around the world. The impact has been more on the emerging new<br />
middle class and rural consumers. Thus he stressed that the need of the hour is<br />
to sensitize the consumer and also make awareness campaigns especially in<br />
rural areas to help people understand their rights and the manner in which it can<br />
be exercised.<br />
Participants in the Seminar<br />
244
The Programme was divided into three Technical Sessions. Medical<br />
Services and the <strong>Consumer</strong> gave a comprehensive picture of the medical<br />
services in India and making the participants aware of the need and<br />
importance of safe medical services. <strong>Consumer</strong> Protection –Need and<br />
Importance focused on the law and policy framework for <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare in India and <strong>Consumer</strong> Protection Act/Rules giving a<br />
comprehensive picture of various consumer laws and particularly the<br />
<strong>Consumer</strong> Protection Act. <strong>Consumer</strong>/Investor -Education and Awareness<br />
emphasized on the various schemes and programmes of the Department of<br />
<strong>Consumer</strong> Affairs aiming at generating awareness as consumer education<br />
and awareness is a basic consumer right and encompasses a wide spectrum<br />
of issues.<br />
The First Technical Session-―<br />
Medical Services and the <strong>Consumer</strong>‖,<br />
was Chaired by Prof Suresh Misra,<br />
Chair Professor and Coordinator, CCS,<br />
<strong>II</strong>PA and co chaired by Shri N M<br />
Dharani, <strong>For</strong>mer Judge, <strong>Consumer</strong><br />
Dispute Redressal <strong>For</strong>um ,Rajkot. In<br />
this session, Dr. D.K. Shah, Orthopedic<br />
Surgeon, Rajkot said that since time<br />
immemorial the consumers are being<br />
Dr. D.K. Shah, Orthopedic Surgeon,<br />
Rajkot Addressing the Participants<br />
exploited by the traders and service providers. He further went on to give<br />
guidelines and knowledge on the theme‖Medical Services & the <strong>Consumer</strong>‖.<br />
He said that the doctor- patient relationship is a complex phenomenon and<br />
also explained the difference in relationship of corporate and private doctors.<br />
Participants were reminded that ―First, do no harm‖ is the cornerstone of<br />
medicine. However, unintentional harm does occur at all levels in the health<br />
system, both public and private. Despite the recognition that patient safety is a<br />
fundamental part of the drive to improve quality of care, sufficient resources<br />
had to be invested to address the problem in a concerted and consequential<br />
manner. No country rich or poor could claim to have fully addressed the<br />
problem of patient safety.<br />
245
First Technical Session on Medical Services and the <strong>Consumer</strong> in Progress<br />
Dr. Prakashbhai Modha, Neurosurgeon, Rajkot in his introductory remarks<br />
on Medical Services and the <strong>Consumer</strong> said that the World Health Assembly had<br />
passed resolution WHA55.18 which called upon the Member States ―to pay the<br />
closest possible attention to the problem of ―patient safety‖ and to establish and<br />
strengthen science – based systems necessary for improving patient‘s safety and<br />
the quality of health care‖. In 2004 the late WHO Director – General, Dr. LEE<br />
Jong Wook had launched the World Alliance for Patient Safety to catalyze and<br />
coordinate global and national efforts to improve patient safety. Dr. M.K.<br />
Korvadia, President, Indian Medical Association, Rajkot said that current<br />
concepts of patient safety placed the prime responsibility for most adverse events<br />
on deficiencies in system design, organization and operation rather than on the<br />
negligence or poor performance of individual providers or individual products.<br />
Counter – measures need to be based on changes in systems of care.<br />
246
The theme of the Second<br />
Technical Session was ―<strong>Consumer</strong><br />
/Investor Education and Awareness. It<br />
was chaired by Shri Nilkanth Pandya,<br />
Assistant General Manager, BSE<br />
Limited, Mumbai and Co-chaired by<br />
Shri Ketanbhai Marwadi, Managing<br />
Director, Marwadi Shares and<br />
Finances, Rajkot. In this session a<br />
presentation on <strong>Consumer</strong> Education<br />
and Awareness highlighting the various<br />
Dr. Mamta Pathania, Assistant Professor<br />
<strong>Consumer</strong> <strong>Studies</strong>, CCS, <strong>II</strong>PA, in the<br />
Second Technical Session<br />
schemes and programmes of the Department of <strong>Consumer</strong> Affairs aimed at<br />
generating awareness was covered by Dr. Mamta Pathania, Assistant Professor<br />
<strong>Consumer</strong> <strong>Studies</strong>, CCS, <strong>II</strong>PA, New Delhi. She said that with the technological<br />
advancements, malpractices and unscrupulous practices against the consumers<br />
have increased many fold. To protect the consumers there is a need to generate<br />
awareness among the consumers about their rights. When there is some defect<br />
in goods, the traders and manufacturers blame each other but none of them<br />
provides any relief to the consumers. Such a scenario necessitates that<br />
education and awareness regarding the rights of the consumers must be<br />
inculcated among the general public. They must know about the six rights and<br />
how to make them meaningful. School teachers, NGOs and self-help groups<br />
once empowered will definitely help in generating awareness among different<br />
strata of the society and among the masses.<br />
The other speakers of the session were Shri Kartikbhai Bavishi, Assistant<br />
Manager, BSE Regional Service Centre , Rajkot, Shri K K Mishra, Chairman,<br />
Ahmadabad Stock Exchange Ltd, Ahmedabad and Shri Ashokbhai Koyani,<br />
CEO,SKSE Ltd, Rajkot.<br />
247
The Third Technical Session<br />
was on ―<strong>Consumer</strong> Protection –<br />
Need and Importance.‖ It was<br />
chaired by Shri N M Dharani,<br />
Judge (Retd), <strong>Consumer</strong> Dispute<br />
Redressal <strong>For</strong>um, Rajkot and co<br />
chaired by Dr. Maheshbhai Joshi,<br />
Head ,Department of Economics,<br />
Saurashtra University, Rajkot. In<br />
this session, <strong>Consumer</strong><br />
Protection: An Overview by Prof.<br />
Prof. Suresh Misra, Chair Professor and<br />
Coordinator, CCS in the Third Technical<br />
Session<br />
Suresh Misra provided an overview of the law and policy framework for<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare in India and <strong>Consumer</strong><br />
Protection Act/Rules which gave a comprehensive picture of various<br />
consumer laws and particularly the <strong>Consumer</strong> Protection Act. Other speakers<br />
were Shri B P Pathak, Advocate, Gujarat High Court, Rajkot, Prof. R C Popat,<br />
Director Sandipini Institute of Economic Research, Shri Prajatbhai Shukla,<br />
Deputy Director, BIS, Rajkot, Ms. Unnatibhai Juthani, <strong>For</strong>mer Member,<br />
DCDRF, Rajkot Shri Gordhanbhai Patel, Shri Pratapbhai Chhapiya, Shri<br />
Manibhai Gandhi. The main thrust of the programme was to acquaint the<br />
participants with the kind of problems that are faced by the consumers in<br />
various service sectors and the process of redressal of their complaints.<br />
In the concluding session, Prof Suresh Misra, Chair Professor and<br />
Coordinator, Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA in his Valedictory Address<br />
congratulated Rajkot Saher Jilla Grahak Suraksha Mandal, Rajkot for the<br />
initiatives with regard to carrying the consumer movement forward by<br />
organizing such a useful programme for the welfare of consumers. While<br />
addressing the participants he emphasized on better protection of consumers‘<br />
rights among various sections of society especially at the grass root levels. He<br />
said it is our privilege to be associated with Rajkot Saher Jilla Grahak<br />
Suraksha Mandal, Rajkot. He said that the C P Act is one of the finest<br />
legislations but still the awareness level among masses is quite low. <strong>For</strong><br />
making people aware of the consumer rights, the redressal machinery, and<br />
248
also to provide better services there is a need to develop confidence among<br />
consumers, making them self reliant by providing information. He highlighted<br />
that Centre for <strong>Consumer</strong> <strong>Studies</strong> is one such initiative of the Department of<br />
<strong>Consumer</strong> Affairs, which works as a nodal centre for training, research and<br />
consultancy in the area of consumer protection. He said that the Centre has<br />
been trying to involve various stakeholders in the consumer movement. It is<br />
by medium of such programmes that we are trying to bridge the gap between<br />
the stakeholders and the consumers at large. He stressed that translating<br />
education and awareness into action is what is required to be done .Both the<br />
service provider and the consumers need to be inculcated with the spirit of<br />
<strong>Consumer</strong> Protection. He also answered to many of the questions addressed<br />
to him in the session by the participants on different aspects of consumer<br />
Protection and related issues. He also answered to many of the questions<br />
addressed to him in the session by the participants on different aspects of<br />
consumer Protection and related issues.<br />
Prof. Suresh Misra distributing the Certificates to the Participants<br />
249
The certificates were distributed by<br />
the Prof. Suresh Misra to the participants<br />
in the end of the session followed by a<br />
formal vote of thanks by the Smt<br />
Ramaben R Mavani, President, Rajkot<br />
Saher Jilla Grahak Suraksha Mandal,<br />
Rajkot and Ex-MP (Lok Sabha). The<br />
participants found the programme very<br />
useful.<br />
Smt Ramaben R Mavani, President,<br />
Rajkot Saher Jilla Grahak Suraksha<br />
Mandal, Rajkot and Ex-MP (Lok Sabha)<br />
delivering the Vote of Thanks<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
250
Seminar on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(Focus on Rural <strong>Consumer</strong>s)<br />
(May 21, 2012)<br />
A Seminar on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was organized<br />
by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public Administration,<br />
New Delhi in collaboration with Rajkot Saher Jilla Grahak Suraksha Mandal,<br />
Rajkot, Gujarat on May 21st, 2012. The Department of <strong>Consumer</strong> Affairs,<br />
Government of India, sponsored the programme. More than 200 participants<br />
from different parts of Gujarat attended the programme.<br />
Dignitaries Lighting the lamp in the Inaugural Session<br />
The objectives of the training programme were to enhance the knowledge<br />
and skill in the area of <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare; understand<br />
the need and importance of <strong>Consumer</strong> Protection and Welfare; explain the<br />
various provisions of the <strong>Consumer</strong> Protection Act and other legislations having a<br />
bearing on <strong>Consumer</strong> Protection; discuss the legal dimensions of <strong>Consumer</strong><br />
Protection in different service sectors such as medical, banking, insurance etc.<br />
The Seminar was an attempt to discuss and deliberate on various issues related<br />
to consumer protection and consumer Welfare, create awareness regarding the<br />
consumer protection and rights of the consumers with reference to the rural<br />
consumers.<br />
251
Shri Ramjibhai Mavani delivering the Welcome Address<br />
The Programme commenced with a Welcome Address by Shri Ramjibhai<br />
B Mavani, Founder President, Rajkot Saher Jilla Grahak Suraksha Mandal,<br />
Rajkot and Ex-MP (Lok Sabha). He briefed the participants about the objectives<br />
of the programme, the topics to be covered. The programme was inaugurated by<br />
Shri. Vajubhai Govindbhai Patel, MLA, Rajkot. The programme was presided by<br />
Smt. Bhanuben Babariya, MLA, Rajkot.<br />
The other dignitaries present on the occasion were Shri. Laljibhai Savaliya<br />
Advocate, Gujarat High Court, Shri. Maheshbhai Joshi, Head of Economics,<br />
Saurashtra University, Rajkot, Shri. R.C. Popat, Director, Sandipani Institute,<br />
Rajkot, Dr. Ashit Vaishnav, Anesthetists, Rajkot.<br />
In his Inaugural Address, Shri<br />
Vajubhai Govindbhai Patel, MLA,<br />
Rajkot., described consumer<br />
protection as need of the hour. He<br />
went on to give guidelines and<br />
knowledge on the theme: ―<strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare‖ to<br />
the <strong>Consumer</strong>s. Highlighting about the<br />
importance of <strong>Consumer</strong> Protection<br />
Act, he said that it is a piece of social<br />
Smt Ramaben Mavani welcoming the<br />
Chief Guest, Shri Vajubhai Govindbhai<br />
Patel, MLA Rajkot<br />
252
welfare legislation which protects the consumers against the unscrupulous<br />
manufacturers and service providers. Therefore, there is a need to make more<br />
and more people aware about this Act so that they can fight against dishonest or<br />
corrupt practices resorted to by the traders or service providers. He said that<br />
keeping in view the demand of present era no society will ever proceed with a<br />
desire to achieve for the future without making the people conscious about their<br />
rights and to make a society a better place to live in. The need of the hour is that<br />
consumer awareness and education should be taken to the rural masses and<br />
each of us should strive for it.<br />
Smt. Bhanuben Babariya, MLA, Rajkot,<br />
Addressing the Participants<br />
Smt. Bhanuben Babariya, MLA,<br />
Rajkot, in her address said that there<br />
is a need to organize more and more<br />
such programmes for the benefit of<br />
the consumers .She stressed that the<br />
educational institutions in<br />
collaboration with the local voluntary<br />
organizations can play an effective<br />
role in educating the rural consumers.<br />
The <strong>Consumer</strong> Protection Act may be<br />
incorporated as part of school<br />
curriculum. Also, in each block, there should be an office to deal exclusively with<br />
the needs and interest of the consumers.<br />
Prof. Suresh Misra, Chair<br />
Professor, CCS, <strong>II</strong>PA while<br />
introducing the Seminar, extended a<br />
warm welcome to all the dignitaries<br />
and participants of the Seminar. He<br />
introduced the theme and its<br />
relevance as a result of aggressive<br />
marketing practices by business in<br />
rural sector leading to exploitation of<br />
and vulnerability of rural consumers.<br />
This was the idea behind organizing such a seminar to make qualitative<br />
253<br />
Prof. Suresh Misra, Chair Professor,<br />
CCS, <strong>II</strong>PA Introducing the Seminar
esolution towards consumer justice especially in rural areas where many people<br />
are not aware of the consumer rights and the redressal machinery. To provide<br />
better services there is a need to develop confidence among rural consumers, by<br />
providing information and such seminars are platforms where minds meet and<br />
the deliberations provide an outreach to the consumer movement.<br />
The Programme was divided into Three Technical Sessions. ―Rural<br />
<strong>Consumer</strong>: Need for Protection‖ was an effort to look into the change in the<br />
lifestyle, buying behaviour patterns of rural consumers, highlighting the rampant<br />
exploitation of rural masses due to globalization. ―Service Providers and the<br />
<strong>Consumer</strong>‖ worked out interplay of different service sectors and specifically<br />
talked about ways and means to redress deficiency in service sector. ―Food<br />
Safety and the <strong>Consumer</strong>‖ focused on the need and importance of safe and<br />
healthy eating habits making the participants aware of the legal provisions under<br />
the law for food safety<br />
―Rural <strong>Consumer</strong>: Need for<br />
Protection‖, the First Technical<br />
Session was Chaired by Shri.<br />
Laljibhai Savaliya Advocate, Gujarat<br />
High Court and co chaired by Smt<br />
Bhanuben Babariya, MLA, Rajkot.<br />
Prof Suresh Misra in his presentation<br />
on Rural <strong>Consumer</strong>s highlighted the<br />
changing consumer bheviour in rural<br />
areas and also described the<br />
Prof. Suresh Misra in the First Technical session<br />
impact of false advertisement and how the rural consumers are being exploited to<br />
a larger extent. He explained how the rural poor are being subjected to deception<br />
and exploitation in the market place and said that globalization effect can be seen<br />
in all parts of the world and rural sector is no exception. He said that 20-25 years<br />
back the purchasing power and needs of the rural people were very limited and<br />
thus they purchased very limited articles. However, today, the scenario has<br />
changed and rural markets are now house for all sorts of products. This leads to<br />
all sort of frivolous activities and spurious goods being sold there.<br />
254
The other speakers were Shri B. P. Pathak, Advocate, Gujarat High Court,<br />
Rajkot; Dr Mahendrabhai Padaliya, Vice Chancellor Saurashtra University,<br />
Rajkot; Prof. R C Popat, Director, Sandipani Institute of Economic Research,<br />
Rajkot; Shri M K Damor, District Civil Supply Officer, Rajkot; Shri J N Dixit,<br />
Additional Collector, Rajkot and Shri Govindbhai Ranparia, Chairman, Gopal Milk<br />
Dairy, Rajkot. They covered various problems being faced by the rural<br />
consumers in Gujarat.<br />
The theme of the Second Technical Session was ―Service Providers and<br />
the <strong>Consumer</strong>.‖ It was Chaired by Shri Hemant Buch, Senior Divisional Manager,<br />
LIC of India and Co-chaired by Shri Maheshbhai Joshi, HOD, Department of<br />
Economics, Saurashtra University, Rajkot. The speakers of the session were Prof<br />
Faruq Khan, Head, Social welfare Department, Government of Gujarat, Rajkot;<br />
Shri Gunvat Gaglani, <strong>For</strong>mer Divisional Manager, Oriental Insurance Company,<br />
Shri Rajeshbhai Khetani, MD , Hari Infoline, Rajkot; Shri Pareshbhai Gandha,<br />
CSD, Reliance Communication Ltd, Rajkot, Shri Bimal Dhanak, Head <strong>Consumer</strong><br />
Care Department, Reliance Communication Ltd., Rajkot. The speakers covered<br />
various service sectors like banking, insurance, electricity, housing and how the<br />
service providers are exploiting the rural consumers. The case of<br />
telecommunications was also highlighted and how the mobile service providers<br />
are exploiting the consumers.<br />
The third Session was on<br />
―Food Safety and the <strong>Consumer</strong>‖<br />
focusing on the need and importance<br />
of safe and healthy eating habits<br />
making the participants aware of the<br />
legal provisions under the law for<br />
food safety. Dr. Mamta Pathania,<br />
Assistant Professor <strong>Consumer</strong><br />
<strong>Studies</strong>, CCS, <strong>II</strong>PA, New Delhi made<br />
a presentation on Food Safety in<br />
which She explained the importance<br />
of healthy eating habits and made participants aware of the various safety myths<br />
which consumers ought to know in order to lead a healthier lifestyle.<br />
255<br />
Dr. Mamta Pathania, Assistant Professor, CCS,<br />
<strong>II</strong>PA, in the Third Technical Session
The other speakers were -Shri Iiyasbhai Khan, MD, Star Add, Rajkot, Shri<br />
Ajaybhai Patel, Director, Chitra Publicity, Ahmedabad, Shri Jhutani Saheb,<br />
Advocate Gujarat High Court, Rajkot, Shri Viashal Bhai Shah, Director, Shah<br />
Publicity, Surat. The main thrust of the programme was to acquaint the<br />
participants with the kind of problems that are faced by the consumers in various<br />
service sectors and the process of redressal of their complaints.<br />
On the occasion, Prof Suresh Misra, Chair Professor and Coordinator,<br />
Centre for <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA, while addressing the participants said that<br />
the aim of the Centre is to facilitate and promote better protection of consumers‘<br />
rights among various section of society especially to the grass root levels. He<br />
said it is our privilege to be associated with Rajkot Saher Jilla Grahak Suraksha<br />
Mandal, Rajkot. He highlighted that educational Institutions must take a lead in<br />
consumer education. However, the management institutions all over India are<br />
concentrating on courses on consumer behaviour which teach the students how<br />
to capture the markets. Subjects like consumer protection are not their priority<br />
and hence are not at all taught by them. Even in other courses where it is taught<br />
it is merely in the form of a paper on consumer behaviour. That‘s why not much<br />
awareness is there even among the teachers and students. To make people<br />
aware about their consumer rights and how they can make these rights a reality<br />
we need to organize more such programmes.<br />
Dr. Mahendrabhai Padaliya, Vice Chancellor, Saurashtra<br />
University, Rajkot delivering the Valedictory Address<br />
On the concluding day, Dr<br />
Mahendrabhai Padaliya, Vice<br />
Chancellor, Saurashtra University,<br />
Rajkot graced the Valedictory<br />
Session with his presence. In his<br />
Valedictory Address he<br />
congratulated <strong>II</strong>PA for the initiatives<br />
with regard to carrying the consumer<br />
movement forward by organizing<br />
such programmes for the welfare of<br />
consumers. Talking about the<br />
256
importance of C P Act he said that as the aspirations of the people have changed<br />
with the changing economy due to competition and therefore choices to<br />
consumers are numerous, be it be products or services. But due to this variety<br />
and choice, the consumers are on the other hand being exploited by the<br />
shopkeepers due to ignorance and lack of practical implementation of the laws<br />
and policies. He said that the C P Act needs to be improved as the present rate<br />
of awareness in different states is not sufficient.<br />
The certificates to the participants were distributed by Dr. Mahendrabhai<br />
Padaliya, Vice Chancellor, Saurashtra University, Rajkot in the end of the session<br />
followed by a formal vote of thanks by the Shri Nileshbhai Sheth, President<br />
Rotary Club of Rajkot. The programme was appreciated by the participants, who<br />
were of the view that such programmes are useful and should be held at regular<br />
intervals.<br />
Participants in the Seminar<br />
The recommendations of the two seminars are as follows:<br />
1 Vigorous campaign should be started to educate the consumers and<br />
create awareness about consumer rights during the Silver Jubilee year of<br />
the C P Act.<br />
2 All stake holders should converge to create awareness and the<br />
government should play the lead role.<br />
3 The <strong>Consumer</strong> Redressal Mechanism needs to be strengthened and more<br />
powers vested in the consumer courts to effectively implement their<br />
orders.<br />
257
4 Multi media campaign in the rural areas needs to be initialized to educate<br />
the rural consumers.<br />
5 <strong>Consumer</strong> Advice Centres should be set up at the district /block level to<br />
provide information to rural consumers.<br />
6 District <strong>For</strong>ums should have the power of circuit benches and holding<br />
sittings at the tehsil /block level.<br />
7 <strong>Consumer</strong>s in Gujarat should be organized on the pattern of Amul Milk<br />
Federation which has benefitted both producers and consumers in<br />
Gujarat.<br />
8 Various services being provided should have quality parameters so that<br />
the consumers should be aware of both quality and standards of services.<br />
9 The Legal Metrology Act should be implemented with force to check<br />
weight and measure problem in the rural areas.<br />
10 Problem of food adulteration should be addressed as it affects the health<br />
of the consumers and particularly the rural consumers.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Seminar Coordinators<br />
258
15 th Training of Trainers Programme for the Faculty Members of<br />
Training Institutions on <strong>Consumer</strong> Protection and Welfare<br />
The 15 th<br />
(June 4-8, 2012)<br />
Training of Trainers Programme for the Faculty Members of<br />
Training Institutions on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare was<br />
organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, the Indian Institute of Public<br />
Administration, New Delhi from June 4-8, 2012. The Department of <strong>Consumer</strong><br />
Affairs, Government of India, sponsored the TOT under the Plan Scheme on<br />
―<strong>Consumer</strong> Education and Training, HRD Capacity Building‖. Twenty Trainers<br />
from various Training Institutes attended the programme. The objectives of the<br />
programme were to:<br />
<br />
<br />
<br />
<br />
<br />
<br />
enhance their knowledge and skill in the area of <strong>Consumer</strong> Protection and<br />
<strong>Consumer</strong> Welfare;<br />
understand the need and importance of <strong>Consumer</strong> Protection and Welfare;<br />
acquaint with the national and international dimensions of <strong>Consumer</strong><br />
Protection and the role of various stakeholders;<br />
explain the various provisions of the <strong>Consumer</strong> Protection Act and other<br />
legislations having a bearing on <strong>Consumer</strong> Protection;<br />
discuss the legal dimensions of <strong>Consumer</strong> Protection in different service<br />
sectors such as, medical, banking etc; and<br />
develop training skills.<br />
Participants of the Programme with Dr. Rakesh Hooja, Director, <strong>II</strong>PA<br />
259
The Programme commenced with a briefing by the Programme Directors.<br />
During the Briefing and Experience Sharing Session the participants were<br />
informed about the objectives of the programme, the topics to be covered, the<br />
methodology to be followed and the need for such a programme.<br />
Prof. Suresh Misra, Addressing the Participants<br />
Prof. Suresh Misra, Chair<br />
Professor, CCS, <strong>II</strong>PA while<br />
addressing the participants said that<br />
the C P Act is one of the finest<br />
legislations but still the awareness<br />
level among masses is quite low. He<br />
highlighted that Centre for <strong>Consumer</strong><br />
<strong>Studies</strong> is one such initiative of the<br />
Department of <strong>Consumer</strong> Affairs,<br />
which works as a nodal centre for training, research and consultancy in the area<br />
of consumer protection. He said that the Centre has been trying to involve<br />
various stakeholders in the consumer movement. It is by medium of such<br />
programmes that we are trying to bridge the gap between the stakeholders and<br />
the consumers at large. He stressed that translating education and awareness<br />
into action is what is required to be done .Both the service provider and the<br />
consumers need to be inculcated with the spirit of consumer protection.<br />
The Programme was<br />
inaugurated by Prof N P Singh,<br />
Chairman Standing Committee,<br />
<strong>II</strong>PA, New Delhi. Prof N P Singh<br />
while delivering the Inaugural<br />
Address said that consumer<br />
protection is an area of great<br />
importance. He said that it is time<br />
Prof N P Singh, Chairman Standing Committee,<br />
<strong>II</strong>PA in the Inaugural Session<br />
for the coming generations to<br />
speak for their rights, understand<br />
260
their responsibilities and be in pace with the consumer movement. Talking about<br />
consumer awareness he highlighted that the <strong>Center</strong> of <strong>Consumer</strong> <strong>Studies</strong>, <strong>II</strong>PA is<br />
doing a commendable job in making the consumers aware of the C.P Act and<br />
also about consumer rights. He stressed that today with the advent of<br />
liberalization things have changed. Due to lack of activism in this area we are<br />
confronted with numerous problems such as deficiency in services, adulterated<br />
and spurious products which are further leading to health hazards. He stressed<br />
that due to various marketing gimmicks the problems are increasing in number as<br />
nowadays the problems and deficiencies come in good and attractive packages<br />
and therefore consumer protection has become more important in the present<br />
scenario.<br />
Participants in the Programme<br />
The Programme was divided into a number of thematic sessions;<br />
<strong>Consumer</strong> Protection & <strong>Consumer</strong> Welfare - An Overview by Prof. Suresh Misra<br />
provided an overview of the law and policy framework for <strong>Consumer</strong> Protection<br />
and <strong>Consumer</strong> Welfare in India .Prof Misra in his session on Protecting Rural<br />
<strong>Consumer</strong>s highlighted the changing consumer behavior in rural areas and also<br />
described the impact of false advertisement and how the rural consumers are<br />
being exploited to a larger extent. <strong>Consumer</strong> Protection –Law and Policy was<br />
covered by Dr. Sapna Chadah, which gave a comprehensive picture of the law<br />
relating to <strong>Consumer</strong> Protection. A session on <strong>Consumer</strong> Education and<br />
Awareness highlighting the various schemes and programmes of the Department<br />
of <strong>Consumer</strong> Affairs aimed at generating awareness among the public was<br />
261
covered by Dr. Mamta Pathania. Her session on Food Safety and <strong>Consumer</strong><br />
dealt with an overview of certain aspects dealing with food safety myths and<br />
realities.<br />
Session on Banking and <strong>Consumer</strong> was taken by Dr. G Mallikarjun,<br />
Deputy General Manager and Secretary Ombudsman, RBI. Other themes<br />
covered were, Competition and <strong>Consumer</strong> by Mr Rajinder Kumar, Deputy<br />
Director ,CCI, Misleading Advertisement and the <strong>Consumer</strong> by Mrs Pushpa<br />
Girimaji, an eminent Journalist and a <strong>Consumer</strong> Activist ,Telecommunication and<br />
the <strong>Consumer</strong> by Shri S K Virmani, Project Manager ,SCHKRMP, <strong>II</strong>PA, Medical<br />
Negligence and the <strong>Consumer</strong> by Dr Kiran Gupta, Associate Professor ,Faculty<br />
of Law ,Delhi University, Working of <strong>Consumer</strong> Redressal Agencies by Dr.<br />
Premlata, Member <strong>Consumer</strong> <strong>For</strong>um, Delhi and Standardization and the<br />
<strong>Consumer</strong> by Sh. V. K Singh, Deputy Director ,SPCAD,BIS. To develop basic<br />
trainer‘s skills two sessions on Training Techniques were taken by Shri G K<br />
Pandey .The idea was to acquaint the participants with the kind of problems that<br />
are faced by the consumers in various service sectors and the mechanism of<br />
redressal of their grievances by the consumer courts.<br />
To make the programme more participatory the participants were divided<br />
into groups and each group was given a topic which was discussed in the group,<br />
and group report was prepared and presented by the participants. The topics on<br />
which reports were prepared are: (i) Evaluate the need and importance of<br />
<strong>Consumer</strong> Protection in the emerging global market (ii) <strong>Consumer</strong> education<br />
and awareness is the best way to protect the consumer. How can this be<br />
enhanced and what role that education institutions can play (iii) Assess the<br />
quality of services being provided by the service providers (Banking, Insurance,<br />
Transport etc.). What steps can be taken to protect the consumer from deficiency<br />
in services (iv) Advertisement is a major source of information and consumer<br />
education. What steps should be taken to protect the consumer from misleading<br />
advertisements (v) Food adulteration is a major problem faced by the<br />
<strong>Consumer</strong>s. What steps can be taken to protect the consumers<br />
262
On the concluding day Prof. Suresh Misra, Chair Professor and<br />
Coordinator, CCS, <strong>II</strong>PA, New Delhi distributed the certificates to the participants<br />
followed by a formal vote of thanks by the programme directors.<br />
Views/Opinions of the participants on different aspects of the Training<br />
Programme are analyzed and presented below:<br />
1. Please rate the structure and organization of the Course.<br />
Very Well<br />
structured<br />
Well structured<br />
Somewhat unstructured<br />
Very<br />
un-structured<br />
15 4 1 -<br />
2. How useful is the training to you immediately in your job<br />
Very useful Quite useful Of limited use Not at all useful<br />
13 6 1 -<br />
3. How useful is the training likely to be in future jobs that you may<br />
handle<br />
Very useful Quite useful Of limited use Not at all useful<br />
13 6 1 -<br />
4. ow far have you been benefited from interaction with the fellow<br />
participants of the course<br />
Extremely Considerably Fairly Not at all<br />
14 4 2 -<br />
5. How far was the course material supplied relevant and related to the<br />
course content<br />
Extremely<br />
relevant<br />
Considerably<br />
relevant<br />
Fairly<br />
relevant<br />
Not at all<br />
relevant<br />
13 4 2 - 1<br />
NC<br />
263
6. To what extent are you satisfied with the following<br />
Satisfied<br />
fully<br />
Satisfied<br />
to a large<br />
extent<br />
Satisfied<br />
to a<br />
limited<br />
extent<br />
Not<br />
satisfied<br />
at all<br />
a. Reception 16 3 1 - -<br />
b. Residential<br />
accommodation<br />
c. Food quality<br />
and service<br />
d. Class room<br />
Facilities<br />
e. Interaction<br />
with the Faculty<br />
f. Recreation<br />
Facilities<br />
NC/<br />
NA<br />
11 7 1 - 1<br />
7 9 3 - 1<br />
18 1 - - 1<br />
16 2 1 - 1<br />
14 3 1 - 2<br />
264
7. Assessment of Training Faculty/sessions (20 Participants responded)<br />
Sl.<br />
No.<br />
Topic<br />
1. <strong>Consumer</strong> Protection and <strong>Consumer</strong><br />
Welfare - An Overview<br />
Name of<br />
Assessment<br />
Speaker<br />
Excellent Very<br />
Good<br />
Good Fair NC<br />
Suresh Misra 19 1 -- -- --<br />
2. <strong>Consumer</strong> Protection: Law and Policy Sapna Chadah 10 5 4 - 1<br />
3. <strong>Consumer</strong> Protection: Education and<br />
Awareness<br />
Mamta Pathania 13 6 1 - -<br />
4. Banking and the <strong>Consumer</strong> G. Mallikarjun 7 9 2 - 2<br />
5. Competition and the <strong>Consumer</strong> Rajinder Kumar 7 6 5 - 2<br />
6. Misleading Advertisements and the<br />
<strong>Consumer</strong><br />
Pushpa Girimaji 8 6 4 - 2<br />
7. Group <strong>For</strong>mation and Discussion Suresh Misra<br />
Mamta Pathania<br />
14 5 1 - -<br />
8. Training Techniques & Methodology G. K. Pandey 11 6 2 - 1<br />
9. Food Safety and the <strong>Consumer</strong> Mamta Pathania 9 10 - - 1<br />
10. Protecting the Rural <strong>Consumer</strong>s Suresh Misra 19 - - - 1<br />
11. Working of <strong>Consumer</strong> Redressal<br />
Agencies<br />
Premlata 13 5 1 - 1<br />
12. Medical Negligence and <strong>Consumer</strong> Kiran Gupta 13 4 2 1 -<br />
13. Telecom Services & the <strong>Consumer</strong> S. K. Virmani 11 7 2 - -<br />
14. Standardization and the <strong>Consumer</strong> V. K. Singh 12 5 2 - 1<br />
15. Group Report Presentation Suresh Misra<br />
Mamta Pathania<br />
16 1 - 1 2<br />
265
8. W hich parts of the course did you find most helpful<br />
1. <strong>Consumer</strong> Protection &<strong>Consumer</strong> welfare-An Overview 2<br />
2. Telecom Services and the <strong>Consumer</strong> 1<br />
3. Food Safety & the <strong>Consumer</strong> 2<br />
4. Medical Negligence and <strong>Consumer</strong> 1<br />
5. Banking and the <strong>Consumer</strong> 1<br />
6. Standardization & the <strong>Consumer</strong> 3<br />
7. Working of <strong>Consumer</strong> Redressal Agencies 3<br />
8. Training Techniques and Methodology 4<br />
9. Protecting the Rural <strong>Consumer</strong> 2<br />
10. Medical Negligence and the <strong>Consumer</strong> 1<br />
11. All 2<br />
9. Which parts of the course did you find least helpful<br />
1. Working of <strong>Consumer</strong> Redressal Agencies 1<br />
2. Training Techniques & Methodology 3<br />
3. Telecom service and the <strong>Consumer</strong> 1<br />
4. Banking & the <strong>Consumer</strong> 1<br />
5. Group <strong>For</strong>mation and Discussion 1<br />
6. Medical Negligence and the <strong>Consumer</strong> 2<br />
7. Standardization & the <strong>Consumer</strong> 1<br />
8. Food Safety and the <strong>Consumer</strong> 1<br />
9. None 9<br />
10. Your overall impression of the course<br />
Excellent Very Good Good Fair NC<br />
12 7 1 - -<br />
266
11. Did the course give you any specific ideas about how you can improve<br />
your work<br />
Yes No NC<br />
20 - -<br />
.<br />
Will conduct workshop/programmes on <strong>Consumer</strong> Protection and Welfare<br />
in our institute.<br />
Transmit the knowledge on consumer protection laws and role of<br />
consumer protection in our organizations/department<br />
Inspired to perform better.<br />
Helpful in designing, preparing, and presenting future courses.<br />
Training will improve our functioning in the department.<br />
More awareness about consumer related issues<br />
12. Any other comments/ observations you wish to make about the course:<br />
Some Case <strong>Studies</strong> should be included in the Schedule<br />
More such programmes should be conducted at the local level and also for<br />
schools and colleges specifically.<br />
Some practical exposure should be included.<br />
The duration of the course should be increased from five days to two<br />
weeks.<br />
More focus on trainer –trainee skills and methodology.<br />
Training was good and informative.<br />
May include field visit to consumer court/ consumer organization to<br />
understand their functioning.<br />
Invite people from field and forums to explain some interesting cases.<br />
We would like to place on record the practice followed in the Indian<br />
Institute of Public Administration to give due consideration to the<br />
views/suggestions of the participants in regard to the course contents and design<br />
of the programme at the time of restructuring the training programme. The<br />
views/comments of the participants, therefore, will certainly be considered next<br />
time, while designing the programme.<br />
267
The report would be incomplete, if we do not record our appreciation to the<br />
officers and staff of the Administration and training sections of the Institute for<br />
their help. However, Dr. Naresh Kumar (Registrar), Dr. C. Giri (Deputy Registrar,<br />
Administration), Shri Vijay Sharma (Training Assistant) and other training staff<br />
deserve special mention for their support.<br />
We would also like to take this opportunity to acknowledge our gratitude to<br />
Sh. Rakesh Hooja, Director, <strong>II</strong>PA for his guidance and encouragement in<br />
conducting our programmes. The Secretary, Additional Secretary and Joint<br />
Secretary, Department of <strong>Consumer</strong> Affairs, Ministry of <strong>Consumer</strong> Affairs, Food<br />
and Public Distribution, Government of India, deserve special thanks for<br />
sponsoring the Centre for <strong>Consumer</strong> <strong>Studies</strong> and reposing confidence and trust<br />
in the Indian Institute of Public Administration, New Delhi.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Course Coordinators<br />
268
One Day Seminar on Green <strong>Consumer</strong>ism<br />
(June 19, 2012)<br />
269
Workshop on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare<br />
(June 22-23, 2012)<br />
A Two Day Workshop on <strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfarewas<br />
organized by the Centre for <strong>Consumer</strong> <strong>Studies</strong>, Indian Institute of Public<br />
Administration, New Delhi in collaboration with <strong>II</strong>PA Assam Regional Branch from<br />
June 22-23, 2012. The Department of <strong>Consumer</strong> Affairs, Government of India,<br />
sponsored the programme. More than 60participants attended the programme.<br />
The objectives of the training programme were to:<br />
<br />
Participants with Prof. Suresh Misra in Workshop on <strong>Consumer</strong><br />
Protection and <strong>Consumer</strong> Welfare<br />
enhance the knowledge and skill of the participants in the area of<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong> Welfare;<br />
<br />
<br />
<br />
<br />
understand the need and importance of <strong>Consumer</strong> Protection and Welfare<br />
and the role of various stakeholders;<br />
explain the various provisions of the <strong>Consumer</strong> Protection Act and other<br />
legislations having a bearing on <strong>Consumer</strong> Protection;<br />
discuss the legal dimensions of <strong>Consumer</strong> Protection in different service<br />
sectors such as medical, banking, insurance, etc<br />
enhance knowledge and skill to provide consumers with information<br />
related to products and services<br />
270
The main thrust of the programme was to acquaint the participants with<br />
the kind of problems that are faced by the consumers in various service sectors<br />
and the process of redressal of their complaints.<br />
The Programme commenced with<br />
a Welcome Address by Shri Jatin<br />
Hazarika, Chairman, <strong>II</strong>PA Assam<br />
Regional Branch. He briefed the<br />
participants about the objectives of the<br />
programme and the topics to be covered.<br />
ShriJatinHazarika delivering the Welcome<br />
Address<br />
Prof. Suresh Misra, Chair Professor, CCS, <strong>II</strong>PA while introducing the<br />
Workshop extended a warm welcome to all the dignitaries and participants of the<br />
Workshop. He introduced the theme and its relevance and stressed that to<br />
provide better services there is a need to develop confidence amongconsumers<br />
by makingthem aware of the consumer rights and the redressal machinery. He<br />
highlighted that being the silver jubilee year of the C P Act, efforts are being<br />
made to give an outreach to the consumer movement but still the Act lacks<br />
awareness. He stressed that we as consumers ought to speak up for the cause<br />
and not to be silent sufferers who are exploited time and again.<br />
Hon‘ble Mr. Justice Asok<br />
Potsangbam, President, Assam State<br />
<strong>Consumer</strong> Disputes Redressal<br />
Commission in his Inaugural Address said<br />
that today after the enactment of C P Act<br />
the consumer is no longer helpless<br />
because of the redressal mechanism<br />
which is there in place for the welfare of<br />
consumers. But due to lack of activism in this<br />
area today we are confronted with numerous<br />
271<br />
Hon’ble Mr. Justice AsokPotsangbam,<br />
President, Assam SCDRCdelivering the<br />
Inaugural Address<br />
problems such as deficiency in services, adulterated and spurious products which
are further leading to health hazards and rampant exploitation of consumers.<br />
Misleading advertisements further add to the problems when the consumers<br />
blindly believe them and make purchases which are not worth the money they<br />
have spent for the same. He stressed that consumer protection is a neglected<br />
area in many of the States as there is no separate Department of <strong>Consumer</strong><br />
Affairs and therefore there is a dire need to set up separate Department of<br />
<strong>Consumer</strong> Affairs in all the States.<br />
The Programme was divided into<br />
a number of thematic sessions;<br />
―<strong>Consumer</strong> Protection: An Overview by<br />
Prof. Suresh Misra provided an overview<br />
of the law and policy framework for<br />
<strong>Consumer</strong> Protection and <strong>Consumer</strong><br />
Welfare in India.<br />
Prof. Suresh Misra, Chair Professor & Coordinator,<br />
CCS, <strong>II</strong>PA delivering a lecture<br />
A session on ―<strong>Consumer</strong><br />
Protection Act/ Rules‖ by Shri S. K.<br />
Sen Gupta ACS (Retd) and<br />
Advocate, Guwahati High Court gave<br />
a comprehensive picture of various<br />
consumer laws and particularly the<br />
<strong>Consumer</strong> Protection Act.<br />
Shri S.K. Sen Gupta, ACS (Retd), Advocate, Guwahati<br />
High Court, delivering a lecture<br />
272
Prof. Bharati Sharma, Faculty<br />
<strong>II</strong>PA, New Delhi in her presentation on<br />
―Motivating <strong>Consumer</strong>s for Rational<br />
decision Making‖ made the participants<br />
aware of the importance of motivation in<br />
making rational decisions both while<br />
making purchases and while hiring<br />
services.<br />
Prof. Bharati Sharma, Faculty, <strong>II</strong>PA delivering a<br />
lecture<br />
Shri M. K. Baruah, IAS (Retd.) Member, SCDRC,<br />
Assamdelivering a lecture<br />
Shri M. K. Baruah, IAS (Retd.)<br />
Member, SCDRC, Assam in his<br />
presentation on ―Working of <strong>Consumer</strong><br />
Redressal Mechanism under the C P<br />
Act‖ stressed that in most cases<br />
people are silent sufferers as they<br />
don‘t speak up if anything goes wrong.<br />
He through his presentation appealed<br />
to change the mindset and make use<br />
of the redressal mechanism which is<br />
there for the welfare of consumers.<br />
On the second day, the first<br />
session on ―<strong>Consumer</strong> Education and<br />
Awareness‖ highlighting the various<br />
schemes and programmes of the<br />
Department of <strong>Consumer</strong> Affairs aimed<br />
at generating awareness was covered by<br />
Dr. Mamta Pathania, Assistant Professor<br />
<strong>Consumer</strong> <strong>Studies</strong>, CCS, <strong>II</strong>PA, New<br />
Delhi.She appealed tothe participants to<br />
give an outreach to the consumer<br />
Dr. Mamta Pathania, Assistant Professor,<br />
<strong>II</strong>PA delivering a lecture<br />
movement and also to switch over to simpler and sustainable lifestyles in order to<br />
273
lead a happy life. Dr. Pathania also made a presentation on ―Food Safety and the<br />
<strong>Consumer</strong>‖ in which she focused on the need and importance of safe and healthy<br />
eating habits making the participants aware of the legal provisions under the law<br />
for food safety. She explained the importance of healthy eating habits and made<br />
participants aware of the various safety myths which consumers ought to know in<br />
order to lead a healthier lifestyle.<br />
Shri K. K. Dutta, Senior Regional Manager<br />
(Retd), National Insurance Company<br />
delivering a lecture<br />
Shri K. K. Dutta, Senior Regional<br />
Manager (Retd), National Insurance<br />
Company and Head Insurance Academy<br />
for North East in his presentation on<br />
Insurance and the <strong>Consumer</strong> highlighted<br />
the ins and outs of insurance sector.He<br />
stressed that we as consumers are not<br />
conscious enough to make informed<br />
choices due to lack of awareness.<br />
274
Participants in the Workshop<br />
Other themes covered were<br />
―Medical Negligence and <strong>Consumer</strong>‖ by<br />
Prof Bibhash Pathak, B. R. M, Govt.<br />
Law College and Advocate, Guwahati<br />
High Courtand ―Misleading<br />
Advertisement and the <strong>Consumer</strong>‖ by<br />
Shri Samudragupta Kashyap, Special<br />
Representative, Indian express.<br />
On the concluding day, Prof<br />
Suresh Misra, Chair Professor and<br />
Coordinator, CCS, <strong>II</strong>PAin his Valedictory<br />
Addresscongratulated and thanked <strong>II</strong>PA<br />
Assam Regional Branch for organizing<br />
the workshop.Talking about the<br />
importance of C P Act, he said that the<br />
aspirations of the people have changed<br />
with the changing economy due to<br />
competition and therefore choices<br />
available to the consumers are numerous, be it products or services. But due to<br />
this variety and choice the consumers are also being exploited by the marketers<br />
due to ignorance and lack of knowledge of the laws and policies. He stressed that<br />
there is a need to revisit the Act as the present system is not able to lessen the<br />
gap between the theoretical and practical application of the C P Act. He further<br />
added,that there is a need to give boost to the consumer movement in the<br />
country to make the consumer movement reach the masses.<br />
Prof Suresh Misra, Chair Professor and<br />
Coordinator, CCS, <strong>II</strong>PAdelivering the<br />
Valedictory Address<br />
Prof. Misra also answered to many of the questions addressed to him in<br />
the session by the participants on different aspects of consumer Protection and<br />
related issues. The certificates were distributed by the Prof Suresh Misra to the<br />
participants in the end of the session followed by a formal vote of thanks by Shri<br />
N. K. Das, Honorary Secretary, <strong>II</strong>PA Assam Regional Branch. The programme<br />
275
was appreciated by the participants, who were of the view that such programme<br />
are useful and should be held at regular intervals.<br />
(Mamta Pathania)<br />
(Suresh Misra)<br />
Course Coordinators<br />
276