I wanted to know what Consumer Awareness is in-dept?

Question

Please include the following:
1.Consumer awareness and its needs.
2.Various forms of consumer exploitation.
3.Role of producers in protecting consumer rights.
4.Case study on any one incident of violation of consumer rights and the decision by the Consumer Courts.

Answer 1

Consumer rights :

Under the Consumer Protection Act 1999, your rights granted cannot be taken away from you notwithstanding conditions in any agreement that you have signed.



As a consumer, you have the right to all the products and services of daily basic needs including food, clothing, health, education and house.



You are also protected from products, services and manufacturing processes that may expose your health and life to danger. The Ministry of Domestic Trade and Consumer Affairs may publish in the Gazette a list of products considered unsafe to be sold and may then require the suppliers or manufacturers of the prohibited products to either recall the products, stop the sale and advertisements of the products, disclose to the public information relating to the characteristics which make the products unsafe, repair or replace the products or refund the purchasers.



To make the right choice, you have the right to obtain accurate and precise facts about the product and service that you want to consume. You can only act in a wise and responsible way if you are equipped with enough information. A supplier and manufacturer are prohibited to use misleading and deceptive conduct, false misrepresentation and unfair claims in selling the product or service to you.



Nobody can force you to buy a product or service. You have the freedom in buying or assuring that the product or service you need is obtained through the right channels, based on the right price.



You have the right to claim for damages from unfair practices from the supplier or manufacturer.

Once you bought a product, you have the right to own such product.



A product should be of acceptable quality and therefore be reasonably fit and suitable for all purposes for which the product is normally used, acceptable in appearance and finish, free from minor defects, durable and safe.



If a product is sold by description, for example mail order, the product must comply with the description.



You should also make sure that the quality of product correspond with the demonstration model or sample.



A product bought comes with implied guarantee as to price. You should not pay the supplier or manufacturer a price more than the reasonable price for the product. However, this condition does not apply where the price of product is to be decided by any contract agreed by the parties or will be decided later by the parties concerned.



Regardless of local or imported product, the supply of spare parts and facilities for repairs should be available for a reasonable period after the product is sold. If the supplier or manufacturer has informed the purchaser that spare parts and repair facilities may not be available, this implied guarantee as to repairs and spare parts does not apply.



WHAT ARE THE IMPLIED GUARANTEES FOR SERVICE PROVIDED ?

A service should be provided with reasonable care and skill and be of an acceptable standard.



A consumer shall not be liable to pay more than the reasonable price for the service except where the price is to be determined by a contract between the two parties involved.



A service provided must be suitable for their intended purpose. However, this is with exception where the consumer did not reply on supplier's skill or judgment or is unreasonable for the consumer to rely on the supplier's skill or judgment.



Except where the time of completion is determined by terms of the contract between the two parties, a service is meant to be completed within a reasonable time.



WHAT ARE MY RIGHT TO SEEK REDRESSAL AGAINST SUPPLIER OF A PRODUCT ?

If a product does not comply with the implied guarantee and that such problem can be easily solved, you should first get your supplier to solve the problem within a reasonable time. Where the supplier refuses to do so, you can get it done elsewhere and have the supplier pay for it. You have the right to reject the product.



You may also reject a product and request for compensation if it is a major problem that cannot be solved. Major problems include product that is not safe, unfit for the purpose, significantly different from the sample or demonstration model and a situation where if a reasonable person would not have bought the product if it is known about the nature and extent of the failure.



Where you reject the product, you may choose to have a cash refund or a replacement of the same type and of similar value.



Even if you have rejected the product and the problem is rectified, you can still claim damages from the supplier or manufacturer for losses suffered directly as a result of the failure of the product.



It is very important to know that you can only reject a product if it is done within a reasonable time.



A reasonable time depends on how long it will be used, the type of product, how it will be used and the amount of use to which the product would be put before the defect becomes apparent.



Another condition under which you may lose you right to reject the product is when the product has been disposed off, destroyed or lost.



WHAT ARE MY RIGHT TO SEEK REDRESSAL AGAINST SUPPLIER OF A SERVICE ?

When a supplier fails to comply with the implied guarantee and that such failure is a minor problem which can be remedied, you should get the supplier to settle it within a reasonable time.



Where the supplier refuses to do so, you can get it solved elsewhere and have the supplier to pay for it or cancel the contract.



If the failure is of a substantial nature, you may cancel the contract or ask the supplier to pay for compensation.



In both cases, you may get the supplier to pay for damages for any loss suffered as a direct result of the failure.



There is one condition under which you may not seek for redressal against the supplier of the service. Where the failure to comply with an implied guarantee is due to misrepresentation made by a person other than the supplier or a cause beyond human control, you cannot get redress for not complying with an implied guarantee of fitness for a particular purpose or time of completion.



AS A CONSUMER, WHAT ARE MY RIGHTS AGAINST MANUFACTURERS OF A PRODUCT ?

Under the Consumer Protection Act 1999, where the implied guarantee regarding quality, repairs, spare parts or description and express guarantee is not being met, you have a right of redress against the manufacturer.



If a product does not comply with the implied guarantee, you can claim damages for the any loss or damage directly caused by the failure of the product to perform properly and for the reduced value of a product.



There are two conditions under which you have no right to seek redressal against the manufacturer.



Where the quality of the product is not up to standard and where the product does not comply with its description due to any fault or representation made by a person other than the manufacturer or due to circumstances beyond the human control which occurred when the product is no longer in the manufacturer's control, you have no right of redress against the manufacturer.



WHAT ARE THE ADVERTISING PRACTICES THAT A SUPPLIER OR MANUFACTURER SHOULD ADOPT ?

A supplier and manufacturer are prohibited to advertise, free items, gifts, or prizes which they have no intention of supplying. Additionally, the price of free items and the product or service should not be more than the normal price and there should not be any reduction in the quality and quantity of the product or service.



Advertising of products at a price which a supplier and manufacturer have no intention of selling at that price is prohibited.



Where there is claim that a product is limited, such claim must clearly includes the maximum offer for sale and the specific time period which the product is available.



WHO SHOULD BE HELD LIABLE FOR DEFECTIVE PRODUCTS ?

A defective product is one where its safety is not up to a standard that a person is generally entitled to expect.



The producer of the product, the person holds himself out to be the producer of the product and the importer are the people who may be held liable for any damages caused wholly or partly by a defect in the product.



A consumer can claim for damages through the Tribunal for Consumer Claims or under the Civil Law Act 1956.



Under the Consumer Protection Act 1999, a person is prohibited from excluding or limiting his or her liability for any loss or damage caused by a defect in a product.



HOW DO I FILE A COMPLAINT ?

Before any problem arises, it is always advisable for you to keep the receipt, original warranty letters or policies regarding guarantee, date, supplier's name and necessary letters of reference in an appropriate place and this practice should continue constantly. Important information is needed when filing a complaint.



Prior to filing a complaint, you should first inform the supplier immediately and try to solve the problem with the supplier and bringing along the receipt or proof of purchase. Always be calm when meeting the manager or shop owner.



Where the problem can't be solved by the supplier, make a formal complaint in writing. Your letter must be short, clear and precise and be enclosed with photocopies of all necessary documents.



Try to get evidence by asking around if there is anybody else who might be facing the same problem. Compile all the necessary data and statistics to prove the originality of the complaint.



You may also need to refer to specific law that covers the complaint. Excerpt of suitable law can support your complaint.



Follow up and write down every progress you have made, in chronological order.



If no attention is given to your complaint, and you need assistance or advice, you should contact the Consumer Associations or the Enforcement Office.



You should then submit your complaint in writing with all the supporting documents to the Ministry of Domestic Trade and Consumer Affairs, Consumer Affairs Division.



Your complaint should contain the name, description and the address of the complainant and opposite parties, the facts relating to complaint and when and where it arose and the relief which you are seeking.



Consumer awareness at school level

The consumption patterns are changing fast and children today are very clear on their choices regarding food, clothing, cosmetics or accessories. Parents are increasingly permitting their children to take decisions when shopping. It then becomes very important for children to check details before buying products.

THE PROCESS of development along with the expanding globalisation and liberalisation process has increased the number of consumer related issues. Consumer protection has earned an important place in the political, economic and social agendas of many nations. In India, the Government has taken many steps including legislative, to protect consumers.

However, this is largely unknown to many citizens irrespective of whether they are educated or uneducated. With an enormous population along with high levels of poverty, unemployment and poor literacy levels, consumer awareness continues to remain low. Education is a life long process of constantly acquiring relevant information, knowledge and skills. Consumer education is an important part of this process and is a basic consumer right that must be introduced at the school level. Consumers by definition include all citizens who are, by and large the biggest group, who are affected by almost all government, public or private decisions. The most important step in consumer education is awareness of consumer rights. However, consumer education is incomplete without the responsibilities and duties of consumers, and this influences individual behaviour to a great extent. With the increasing changes in economic conditions, the children especially are becoming young consumers at an early age. Children must learn to obtain information about goods and services, understand the psychology of selling and advertising, learn to shop wisely and distinguish between wants and needs. They must also understand the alternatives of conserving and saving rather than buying and consuming.

Children are spending more of their leisure time watching television at the cost of other pursuits such as reading or sports. With the introduction of a number of specialised satellite channels, television enjoys a large viewership base consisting of children. Exposure to the marketplace as young shoppers has made most children aware of the different kinds of products that are available. Advertisements are no doubt an important source of information as they help to inform consumers about the availability of different products before making their choice. A majority of the advertisements are aimed at young children today, especially those covering food products, beverages and cosmetics (especially toothpaste/fairness creams). Advertising influences the food preferences and eating habits of children to a large extent.

Unfortunately, many advertisements make false promises, are highly exaggerated and give incomplete descriptions of products. The media, schools and parents along with consumer groups need to help children develop the ability to understand the purpose of advertising. There is so much more information available to children that they must perceive the importance of distinguishing between different sources of information.

The consumption patterns are changing fast and children today are very clear on their choices regarding food, clothing, cosmetics or accessories. Parents are increasingly permitting their children to take decisions when shopping. It then becomes very important for children to check details (for example, labels) before buying products. Children can be taught to shop wisely and a few simple precautions will ensure that they choose the right product at the right price. It is but natural that parents wish the best for their children, and strive hard to fulfil their demands. But this is not always a good idea as it affects both the parents and children in a negative way in the long run.

Consumer education also involves environmental education as it deals with the importance of conserving (natural resources) and sustaining (recycling and reusing) the environment, including the direct health effects of environmental pollution and toxic products on consumers.

Schools must incorporate consumer education into school curricula as it is important to impart the practical skills and critical ability needed to cope with social and economic changes.

Introduction

THE PROCESS of development along with the expanding globalisation and liberalisation process has increased the number of consumer related issues. Consumer protection has earned an important place in the political, economic and social agendas of many nations. In India, the Government has taken many steps including legislative, to protect consumers.

Education is a life long process of constantly acquiring relevant information, knowledge and skills. Consumer education is an important part of this process and is a basic consumer right that must be introduced at the school level. Consumers by definition include all citizens who are, by and large the biggest group, who are affected by almost all government, public or private decisions. The most important step in consumer education is awareness of consumer rights. However, consumer education is incomplete without the responsibilities and duties of consumers, and this influences individual behaviour to a great extent.



Definition

Consumer awareness is making the consumer aware of His/Her rights.

Consumer awareness is a marketing term. It means that consumers note or are aware of products or services, its characteristics and the other marketing P's (place to buy, price, and promotion).



Need :

we need it so we will not be misled by producers, it explains if what we buy is worth to our money..and not harmful to us and to environment .

Many people are ignorant of their rights to get protected against the exploitation by so many others. So when there is a forum for such redress of grievances there seems to be no such exploitation by many; and becomes a rare one. So in order to get a clear picture of the level of exploitation of consumers, the awareness is required.



Role of producers

proper labeling, full information, health warnings, handling information, expiration date, etc. keep to requirements, norms, standards

labelproducts according requirements, providing true facts

If they are providing a service they should carry it out with due skill and care. They must also make sure that any materials they provide as part of this service are fit for the purpose.

It is also illegal for a supplier to cut off, or threaten to cut off, supply to a reseller (wholesale or retail) because they have been discounting goods or advertising discounts below prices set by the supplier.









We buy a good for a price. We buy the good for certain fulfilment of our want. We learn from seller/manufacturer through many means that the product we buy has all that statisfy our need.



But many of us just buy a good. But the need of whith the good is bought is not fulfilled at all.

We buy a soft drink. We consume it and still we fill thirsty.



To protect common man from mal practices followed by manufacturers we require Consumer awarenes programmes conducted regularly



VARIOUS FORMS OF CONSUMER EXPLOITATION



Bait and switch.

Advertise an item with very little inventory.



Low Ball.

Advertise a low price and pressure the customer to upgrade to a more profitable item. Or have only a few, or just one , like autos.



Pad a job.

False measurements.

Such as increasing materials on an invoice.

Adding extra charges normally included by competitors.

Quoting a low price per unit, then padding materials. Such as

quoting floorcovering cheap, per Sq. Foot or Square Yard, then

padding the actual amount upwards. Use cheap underlayment.



Padding the price upwards per sq, foot or sq. yard, then quoting the customer less yards than needed. Telling the customer, this is all it takes. Don't let any other dealer tell you it takes more material. Creating distrust of competitors. The unit price is high enough to more than cover the "short" material.



Same in roofing, or construction.



Using shoddy materials when quality not specified in a contract.

Where a sampled product is available in two or more qualities in identical colors. Selling the higher quality, then installing the lessor qualiy, if the customer is unaware or has not seen the lessor one.



Actually switching the manufacturer label from the better quality to the lower sample, and vice versa. Then, pitching the lower quality at the lower price, although the label is from the higher quality sample. The customer writes down the numbers from the higher label, calls comtetitors with those numbers and is quoted a price on the better quality. All quotes are more than the unscrupulous dealer. This happens if not physically shopped.



Shoddy labor

There is no law against it.



Spiking a job

Writing a contract with a customer's signature, say early in the morning. By noon, a workman arrives and pulls off part of a residence, or removes a few gutters. Then he leaves with no further work performed. He may come back the next day or maybe not. Stretching out the job beyond a reasonable time. Probably does not have enough help, on other jobs. The job is considered "spiked". The customer cannot break the contract withot expense. The contractor can legally place a lien on the property for labor performed. May do so that same day.



Is this enough, or should I continue?

I am rakesh,10 th grade cbse doin the same project

good luck mate

Answer 2

Case study:

A case where a passenger charged against conductor for not giving 10 paise balance during 1995, and he won the case and the court has awarded a penalty for the conductor.*



In Indian context, consumer awareness is either just in the form of gossips or without any value. Consumers are either afraid of the service providers or don't have time to take charge against them.



Consumer exploitation:

* Showing their monopoly.

* Not providing proper service as mentioned in the contract.

* Not providing the exact / good product as in the advertisement.

* Quality less products / service.

* Irresponsible answers from customer care.

Answer 3

Why should we do your homework ?



Do your own research, but here is something to get you started:

.

http://datcp.state.wi.us/core/consumerprotection/consumerprotection.jsp

Answer 4

There are lot of information that can be drawb from the internet. I give below some extracts. May be use to you.

This is what the Govt. of India does. Much depends on how everyone uses these:

Consumer Welfare Fund



A Consumer Welfare Fund (CWF) was created in 1992 with the objective of providing financial assistance and to promote and protect the welfare of consumers, create consumer awareness and strengthen the consumer movement in the country, particularly in rural areas. The fund, set up by the Department of Revenue under the Central Excise and Salt Act, 1944, is operated by the Ministry of Consumer Affairs, Food and Public Distribution. The Central Excise and Salt Act, 1944 was amended in 1991 to enable the Central Government to create the CWF where the money, which is not refundable to the manufactures, etc., shall be credited.



The Consumer Welfare Fund Rules were framed and notified in 1992. Under these Rules, any agency/organisation engaged in consumer welfare activities for a period of three years and registered under the Companies Act, 1956 or any other law for the time being in force, village/mandal/samiti level cooperatives of consumers, industries State Governments, etc., are eligible for seeking financial assistance from the Fund. The total quantum of financial assistance on an individual application is limited to five lakh rupees and 10 per cent contribution is required to be made by the applicant.



Schemes Under CWF



Jagriti Shivir Yojana: An integrated awareness campaign titled Jagriti Shivir Yojana was launched in June 2001. The scheme aims at spreading consumer awareness at district level by holding camps, meetings, functions, etc., through the State Government and District Administration officials in association with local elected representatives. So far an amount Rs 34.5 lakh had been released to States/UTs in respect of 65 districts till 31 March 2004. Recently, a decision has been taken to enhance the amount of grant from Rs 50,000 to one lakh for each district for organising consumer awareness programme at the district level.



District Consumer Information Centre : A new scheme to set up a District Consumer Information Centre in each district of the country in a phased manner over a period of three years at a cost of Rs five lakh per Centre was launched in October 2000. These Centres are to be set up and run by Zilla Parishads/Voluntary Consumer Organisation of repute/educational institutions on a continuous basis. They are expected to raise consumer awareness and assist consumers in seeking redressal of their grievances. So far the scheme has been sanctioned for 96 districts in the Country.



Consumer Clubs : This scheme has been introduced recently according to which a Consumer Club shall be set up in each Middle/High/Higher Secondary School/College affiliated to a government recognised Board/University. A grant of Rs 10,000 per Consumer Club for each school/college is admissible under this Scheme. Till the end of March 2004, 1,755 consumer clubs have been sanctioned in the States of Andhra Pradesh, Jammu and Kashmir, Tripura, West Bengal and NCT of Delhi.



Promoting Involvement of Research Institutions/Universities/Colleges, etc., in Consumer Protection and Welfare : This scheme has been launched recently to sponsor research and evaluation studies in the field of consumer welfare, to provide solution to the practical problems being faced by the consumers, to sponsor seminars/workshops/conferences on the consumer related issues and to have necessary inputs for formulation of policy/programme/scheme for the protection and welfare of the consumer. The Indian Institute of Public Administration (IIPA), New Delhi has been identified as the nodal organisation to administer this scheme. Bureau of Indian Standards



The Indian Standards Institution (ISI) came into existence on 6 January 1947 as a registered society with the objective of harmonious development of activities of standardisation, quality certification and marking. This set-up was provided statutory status through an Act of Parliament dated 26 November 1986 and the Bureau of Indian Standards (BIS) came into existence as a national standards body of India on 1 April 1987 with a broadened scope and more powers, taking over the staff, assets, liabilities and functions of the ISI. The main functions of BIS include preparation and implementation of standards, operation of certification schemes both for products and systems, organisation and management of testing laboratories, creating consumer awareness and maintaining close liaison with international standards' bodies.



With its headquarters at Delhi, BIS has five regional offices at Kolkata, Chandigarh, Mumbai, Delhi, and Chennai. It has 33 branch offices in the country. The BIS is developing need-based standards in accordance with national priorities with the help of over 26,500 technical experts as members of the technical committees. The standardisation projects are properly screened within BIS to ensure their usefulness. During 2002-03, 446 standards were formulated. As on 31 March 2004, 17,928 Indian Standards are in force covering important segments of the economy, which help the industry in upgrading the quality of their goods and services.



The BIS Product Certification Marks Scheme provides the consumer an assurance of product quality conforming to national standards. The total number of operative licences was 17,798 as on 31 March 2004 covering almost 1,145 different items ranging from food products to electronics. This scheme is basically voluntary in nature. However, keeping in view the safety, health and mass consumption of certain products, it is made mandatory for 109 items like LPG cylinders, food colours, packaged drinking water, etc. In order to protect the common consumer against unscrupulous traders and manufacturers misusing the BIS Standard mark, enforcement raids will be carried out by various offices of the BIS and, where necessary, prosecution cases will be filed in the court of law.



Keeping in view, the consumer interest and market demand, Gold Jewellery Certification (popularly known as Hallmarking of Gold Jewellery) was started in April 2000 on a voluntary basis. The scheme is aimed at providing third party assurance to consumers on the purity of gold or its fineness. This scheme is operated through BIS network of Regional and Branch offices all over the country. So far over 730 jewellers have been certified under this scheme. A list of the BIS certified jewellers and the BIS recognised hallmarking centres were hosted on the BIS web-site.



The BIS has introduced certification scheme for foreign manufacturers and certification scheme for importers. Under the provisions of these schemes, foreign manufacturers can seek certification from the BIS for marking their products with the BIS Standard Mark and Indian importers can also seek the BIS certification for applying the BIS Standard Mark on the products being imported into the country. Under the BIS Certification scheme for foreign manufacturers, 37 licences have been granted so far. The Directorate General of Foreign Trade under the Ministry of Commerce had issued a notification making compliance to Indian Standards for 109 items (covered under the BIS mandatory Certification Scheme) mandatory.



The BIS Quality System Certification Scheme based on International Standards of Quality Management (ISO 9001) has over 1,380 operative licences as on 31 March 2004. This scheme has received accreditation in 23 technology sectors from the Raad voor Accreditatie (RvA) of Netherlands, an international accreditation body of repute. The BIS has also started HACCP integrated Quality System Certification, which provides the dual benefit of award of certificate for HACCP and ISO 9000 through a single audit. It is helpful to exporters in the field of food and food products especially for exports to USA and Europe.



The BIS launched Environmental Management Systems Certification Scheme in 1997 as per IS/ISO 14001-1006. This scheme helps the industrial units to demonstrate their commitment to environmental protection, prevention of pollution and compliance with environmental legislation. 88 licences have been granted in diverse technology areas. The BIS also launched Occupational Health and Safety Management System Certification (OH&SM) as per IS 18001:2000 in January 2003 which essentially enables an organisation to define, plan and manage a policy and objectives taking into account legislatives, requirements and information about significant hazards and risks, which the organisation can control and over which it can be expected to have and influence to protect its employees and others, whose health and safety may be affected by the activities of the organisation.



To support the activity of product certification, a chain of eight laboratories has been established in five regions, i.e., Sahibabad, Mohali, Kolkata, Mumbai and Chennai and at some of the Branch Offices, namely, Patna, Bangalore and Guwahati. Around 30,000 samples are being tested in BIS laboratories every year in addition to samples being sent to external recognised labs. During 2003-04, 30140 samples were tested in BIS laboratories. Training programmes on testing of various products are organised by these labs. During 2003-04, 12 such programmes were organised.



Since its inception 1947, the then ISI and now BIS has been an active member of International Organisations, namely, International Organisation for Standardisation (ISO) and International Electro-technical Commission (IEC). It participates in various policy-making committees of these international standards bodies. The BIS also holds a secretariat of some of the important ISO/IEC Committees, which are of trade interest to India. As a member of the ISO, the BIS also takes active part in the development of International Standards with a view to protect the interests of Indian trade and industry. Recently, acknowledging the active involvement of the BIS in International Standardisation activity, the ISO has offered the position of Regional Liaison Officer (ILO) for South Asia Region to Direct General, BIS. India is a certifying member of the IEC System of Quality Assessment of Electronic Components (IECQ) and IEC System for Conformity Testing to Standards for Safety of Electrical Equipment (IECEE). The BIS is also functioning as the Central Enquiry Point under the World Trade Organisation (WTO) for providing worldwide information on standards, certification system and technical regulations to the Indian industry and trade.



The BIS had set up, in May 1997, a single window information and an SSI Facilitation Cell at its headquarters in New Delhi. The main objective is to provide variety of information/assistance to Indian industries particularly the small-scale sector. A number of entrepreneurs, consumer and professionals visit this centre for their queries.



Rajiv Gandhi National Quality Award was instituted in 1991 to inculcate the spirit of competitiveness among the manufacturers. The annual award compares with similar international awards such as Malcolm Baldrige National Quality Award of USA and European Quality Award.



The BIS had set up a separate Training Department in Delhi in 1995 to meet the growing need of the industry. It is operating under the name of National Institute of Training for Standardisation (NITS). It conducts training programme for industry as well as for the BIS employees on Management Systems, SQC, etc. The NITS also conduct, International Training Programme for Developing Countries.



Recently, the BIS has taken some new initiatives/reforms which include reduction in the time taken for standards formulation, restructuring of technical committees and outsourcing of Standards Formulation activity to have a more proactive approach. Under Certification, the power for grant of licence has been decentralised, application form for grant of licence simplified, time norms for grant of licence reduced, focused monitoring of selected consumer products, participation of NGOs and VCOs, and outsourcing of inspection incorporated to bring in more transparency in the certification system.

Weights and Measures



Uniform standards of weights and measures, based on the metric system, were established in the country, under the Standards of Weights and Measures Act, 1956.



In order to establish the international system of units and to align Indian laws with international practices as well as to remove certain deficiencies, a comprehensive legislation, namely, the Standards of Weights and Measures Act, 1976 was enacted, replacing the 1956 Act. The 1976 Act contains among other things, provisions for regulation of pre-packed commodities sold to consumers so as to establish fair trading practices. Provisions of the Act relating to packaged commodities and the relevant rules, namely, the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 were brought into force, since September 1977. According to these provisions every package intended for retail sale is required to carry information as regards the name of the commodity, name and address of manufacturer or packer, net quantity, month and year of manufacture/packing and retail price. Mandatory declaration of retail sale price is inclusive of all taxes. The Rules also have similar provisions for regulation of packaged commodities imported into India.



Under the provisions of the 1976 Act, the models of all weighing and measuring instruments should be approved before commencement of their production. Under the relevant rules, namely, the Standards of Weights and Measures (Approval of Models) Rules 1987 recognised laboratories examine the models for their conformity to the standards.



The forty-second Amendment of the Constitution brought the subject of 'Enforcement of Weights and Measures' from the 'State List' to the 'Concurrent List'. To ensure uniformity in the matter of enforcement in the Country, a Central Act, namely, the Standards of Weights and Measures (Enforcement) Act, 1985 was brought into force. It contains provisions for effective legal control on weights, measures and weighing/measuring instruments used in commercial transaction, industrial production and in protection involving public health and safety.



India is a member of the International Organisation of Legal Metrology. This Organisation was set up in order to realise worldwide uniformity in laws relating to legal metrology (weights and measures) and to make international trade smooth and practical.



Legal standards of weights and measures of the States and Union Territories are calibrated in the four Regional Reference Standard Laboratories (RRSL) located at Ahmedabad, Bhubaneswar, Bangalore and Faridabad. These laboratories also provide calibration services to the industries in their respective regions and are among the recognised laboratories for conducting the model approval tests on weights and measuring instruments. The scheme for establishing a permanent premise for RRSL, Guwahati to cater to the needs of North-Eastern States, commenced in the Ninth Plan and is underway.



The Indian Institute of Legal Metrology, Ranchi, under the administrative control of the Ministry of Consumer Affairs, Food and Public Distribution imparts training in legal metrology and allied subjects. Apart from the enforcement officials of States, nominees from African, Asian and Latin American countries also attend the programme run by the Institute. The Institute has also recently started imparting training to the non-judicial members of the Consumer Disputes Redressal Agencies of the states.



National Test House



The National Test House (NTH) with its headquarters at Kolkata is a Government laboratory of national importance in the field of testing and evaluation of materials and products of all engineering branches except Food, Pharmaceuticals and Arms and Ammunition. It is also providing calibration services and actively supports the formulation of National Standards since independence. The objective of the NTH is to improve Indian products to meet the requirements of National/International Standards for their acceptability in the global market. The NTH with its headquarters in Kolkata functions through six regional laboratories located in Kolkata, Mumbai, Chennai, Ghaziabad, Jaipur and Guwahati. There is also a modern laboratory complex of the NTH located at Salt Lake, Kolkata.

Read this news of last year:

As part of the National Consumer Day celebrations, a two-hour long demonstration and meeting was held at the Income Tax Office junction on Sunday. A Consumer Awareness Week was also launched to involve general public in exercising their rights as consumers.



These programmes were organised in compliance with a Central Government directive to all consumer organisations and state governments to celebrate this day to mark the launch of Consumer Protection Act, 1986.



Secretary in the Department of Consumer Affairs, New Delhi L Mansingh said this year's theme was 'Empowerment of Consumer - Assert Rights, Pursue Remedies'. He stressed the need to make consumers more concerned about their rights, specially in the rural areas.



In the event organised at the Income Tax office junction by the Consumer Protection and Action Committee (Gujarat), volunteers vowed to remain alert for protection of consumer rights.



Committee president Mukesh Parikh said that his organisation would run a Justice to Consumer campaign against blackmarketeers and hoarders during the week.



The objective is to encourage wronged consumers to come forward with their complaints, he said.



Nearly 3,000 complaint forms with roses were distributed to people during the two-hour long programme, Parikh said.



According to data compiled by the Committee, as for the pendency of consumer complaints in the district fora, the highest number of complaints pending as on October 31, 2006 was in Vadodara city, where out of 12, 764 complaints filed 3,298 were pending.



In Patan district out of 770 complaints filed, 724 were pending. Best pendency status was reported from Bhavnagar district where only 95 out of 2,596 complaints filed were pending and the rest were resolved.



The number of cases pending resolution in the State Consumer Disputes Redressal Commission is 3,745 out of 24,529 as on October 31, 2006.



According to Parkih, more than 1.40 lakh cases have been registered in the District Consumer Fora and the State Commission so far.



He said a memorandum would be submitted to Chief Minister Narendra Modi next week about the pending issues related to consumer disputes.



During the week-long celebrations, state governments have been asked to organise events like meetings, rallies, distribution of consumer-related literature and exhibitions besides highlighting landmark judgments.



Also in the line are open house sessions by various departments, and broadcasting special programmes on consumer protection. They have also been asked to report back to the Central Government on the action taken in this connection.

Now read this:

Background







For the last many years Consumer Unity & Trust Society (CUTS) is working actively to protect consumer interests in various ways viz., by organising training seminars/workshops for generating awareness among consumers, documenting relevant legal provisions and case studies to provoke consumers to fight for their rights.







In this endeavour, some of the important initiatives taken have culminated in the following studies published by CUTS.







The study “State of the Indian Consumer” stresses the need for awareness about consumer rights among the people and an involvement of the community in matters related consumer rights and protection. The study discusses the present status of consumer rights in India with respect to the eight consumer rights as enunciated in the United Nations Guidelines for Consumer Protection 1985 and makes recommendations to overcome the lacunae.







The book “Is It Really Safe?”, the second in the series of publications on the theme of Caveat Emptor, meaning “Buyers Beware”, is a compilation of articles on different safety aspects of various products and services. The aim of the book is to make consumers aware about their safety-related rights so that they could push for improved legislations, standards and their implementation.







The Consumer Affairs Department, Government of West Bengal, are also intimately concerned with these issue for the people of West Bengal and had felt the need to give wide publicity to these issues and generate awareness.







Objectives







CUTS and the Consumer Affairs Department, Government of West Bengal jointly organised a presentation on these important consumer issues to people from various facets of society like consumer activists, voluntary consumer organisations, school consumer club members (with the specific objective of instilling consumer awareness from a young age), government officials, academicians, the media etc. so that these groups would propagate these ideas in their own spheres of influence and thus these issues will percolate down to society at large and hopefully generate greater inquiry and involvement.







Participants







The event drew about 125 participants from different government departments, consumer clubs in schools, chamber of commerce, academia, consumer organisations, different trade associations and media.







THE REPORT





Though India is quite rich in laws and is very good at framing them, it is an immutable fact that it sadly lacks in their implementation. Therefore, it is the consumer who has to play the most important role in protecting his/her own interests. This was the view that emerged at the discussion organised jointly by Consumer Unity & Trust Society (CUTS) and Consumer Affairs Department, Govt. of West Bengal at Rotary Sadan on June 21.







Inaugural session





Mr. Nazeeb Arif, Secretary General, Indian Chamber of Commerce, in his address said that although there are large segments of laws in India to protect consumers, there is much more to do. Pointing out the importance of consumer’s awareness he said that there is much to do in rural areas where awareness levels are too low.







He pointed out that consumer protection has become a crucial issue especially in the era of globalisation where consumers are offered a large number of products, which are from known as well as unknown sources. Increase in the purchasing power of the people along with the mushrooming of outlets has made the situation more dubious.







Addressing the participants, Mr. Arif said that the businesses are concerned about their “brand loyalty,” as they do not operate in a sellers market and therefore try to always give “best value for money”. He said that the common belief that producers are there out to cheat the consumer is largely not true. He however regretted the presence of a few black sheep – as in any section of society – among the business community that unfortunately lends the negative perception to the community as a whole sometimes.







He pointed out the absence of an institutional framework, which should be there to bridge the gap between the industry and the regulators by increasing awareness of each other’s concerns.







He appreciated the excellent quality of CUTS’ research and database. He said that it would be wonderful if the chambers could access these databases.







Mr. Arif stresses on the fact that penalties should be much better publicised so that people think twice in future before indulging in unfair practices.







Mr. P. Bhattacharya, Principal Secretary, Consumer Affairs Dept., GoWB, informed the participants that West Bengal is the first state to have a Consumer Affairs Department. He added that all the districts have Consumer Protection Councils. Mr. Bhattacharya also informed participants that the Kolkata Consumer Protection Council is the only one among all the metropolitan cities. He mentioned that consumer grievance redressal is currently being offered through their website and till date the department has resolved 352 complaints without going to Court.







He however pointed that there is a long way to go before consumer awareness reaches an acceptable among the people of West Bengal.







Sri Naren De, Minister-in-charge, Cooperation and Consumer Affairs Department, GoWB, the Guest-of-honour of the programme, mentioned about the different activities undertaken by the department to raise consumer awareness, especially on March 15, World Consumer Rights Day and December 24 National Consumers Day. Among other activities, the Department organises essay and drawing competitions among children on these days to raise awareness.







He mentioned that earlier the Legal Metrology Department was with the Commerce Department, which the Consumer Affairs Department has taken under their control because of its close link with consumer issues.







He also informed the participants that the Department has now taken a slot on television where they will broadcast drama, music etc. for raising consumer awareness. The Department has also set up consumer clubs in schools.







Sri. Dey also said that they are now renaming National Institute for Consumer Education as Netaji Institute for Consumer Education, for which they have got financial support from Govt. of West Bengal and Govt. of India. It will be a training centre for voluntary consumer organisations.







He informed the participants about the diploma course introduced by the Netaji Subash Open University to educate consumer organisations about consumer protection issues. He stressed on the fact that consumer awareness is necessary to protect consumers from unfair trade practices.







Session I: Presentation on the “State of the Indian Consumer”







Mr. Pradeep S. Mehta, Secretary General, CUTS made a presentation on a seminal CUTS’ study “State of the Indian Consumer” where he compared a set of guidelines given by the UN to assist governments to frame consumer policies, against the ground realities as experienced by the Indian consumers. He spoke on basically eight consumer rights, i.e.,







right to basic needs,



right to safety,



right to choice,



right to information,



right to consumer education,



right to redressal,



right to representation, and



right to a healthy environment.







His talk clearly brought out the state of the tardy implementation of various laws.







At the outset he spelled out his philosophy as very aptly put by Margaret Mead that it is only a small group of committed people that are required to change the world.







Basic needs are those that are the minimum necessities for survival and a dignified living and cited the following two goods and six services to be included within its ambit:







Food,



Clothing,



Shelter,



Water & Sanitation,



Healthcare,



Education,



Energy,



Tranportation.







The UN guidelines on basic needs talk about food security for all consumers, efficient distribution of goods and services, proper production and use of drugs and safe drinking water.







In general, Mr Mehta said that, most of the basic rights are under subnational (state or local) management who are more often than not plagued by resource constraints and governance problems. For example though food production about doubled between 1971-72 and 2001-02, 233mn (highest in the world and a third of all the world’s hungry) remain hungry in India because of faulty distribution, lack of funds in many states and endemic corruption.







On clothing he said that in spite of the Supreme Court ruling that clothes to be an essential part of ‘living with dignity’ the per capita availability of cloth has hardly increased and distribution is tardy.







With regard to healthcare he said that though life expectancy at birth has increased between 1951 and 2001from 36.7 years to 51 years healthcare is still woefully inadequate though there are a plethora of pious policies and laws in the country.







In spite of the national water policy 2002 and accelerated rural water supply programme, 62 percent home rural homes have to make do without potable water. Only 23 percent of rural homes and 70 percent of urban homes have toilets.







Mr Mehta rued the fact that about 13 mn families have no houses. Housing finance has become more affordable for the upper and middle classes but this has to be made equally affordable for the poorer classes. He also emphasised on the development of appropriate technology to make house building cheaper.







On healthcare he said that though life expectancy at birth has increased from 36.7 years to 65 years in 2001 the condition of state run hospitals and health centres are still very poor. Availability of doctors and hospital beds are 0.4 and 0.8 respectively per 1000 (Brazil 1.3 & 3.1 and China 2.0 & 2.9 respectively) The national health policy envisages ‘health for all by 2020’ and its effects remains to be seen.







The UN guidelines talk only of consumer education but in India general levels of education are so low that it is futile to talk of consumer education at this stage and focus on lifting general education levels first. The Directive Principles of State Policy mentions the right to education and the Constitution (83rd ) Amendment Act has made the right to education among children between 6-14 years as a fundamental right. The Sarva Siksha Abhiyan is aimed at universal literacy between the ages of 15 & 35 years. In spite of these initiatives literacy in India is a dismal 65.2 percent. Increased outlay, better teacher/student ratio and more interesting teaching methods are required.







While the right to energy is not mentioned in the Guidelines, it is impossible to fully realise some of the other rights (like the rights to food and drinking water) without the right to energy. According to the latest census data about 44 percent households do not have electricity and many of them that do, do not have reliable supply. The Central and State Governments have taken up the goal of electrifying all Indian households by 2012. The Electricity Act 2003, while consolidating the earlier Acts on the subject, provides for development of the electricity industry, promoting competition and in general protecting consumer interests. The need of the hour is policies to target energy conservation, energy efficient technologies administrative reforms, etc.







Though transportation is a basic need, there is only an indirect basis of this as a fundamental right: like Article 38(2) and some other articles. Both the Central (Railways etc.) and the State Governments (State Road Transport Corporations etc.) as well private operators provide transportation and communication. Still in actual experience road transport services are not good. Most of the SRTC’s are in the red and the private operators are unregulated. Also people’s access to roads is far from satisfactory. All weather roads connect only about 33 percent of villages in India. The Pradhan Mantri Gram Sadak Yojana seeks to mitigate this but its progress is far from satisfactory. There is a need to improve road, railway and the inland waterway networks. For this competition has to be encouraged and a regulatory framework needs to be established within which an optimum combination of public and private operators are needed.







Right to Safety:







The UN Guidelines considers the right to safety as a fundamental right and provides for safety and quality of food and other essential goods and services including their measures and standards, facilities for inspection and certification as well as compensation against defective and hazardous goods and services. In India we have the umbrella Consumer Protection Act, 1986 (COPRA) as also other acts like the Prevention of Food Adulteration Act, 1954, Bureau of Indian Standards Act 1986, Essential Commodities Act 1955 etc. In spite of a surfeit of acts incidents like the Bhopal gas tragedy, the Behala oil tragedy and Uphaar cinema hall tragedy continues to occur regularly. The lacuna was in the implementation of laws. Lack of proper facilities, bureaucratic intransigence lack of funds and lack of consumer awareness are responsible for this. To improve the situation Mr Mehta suggested an umbrella safety legislation, more active role of consumers, strong disincentives and better coordinations among different ministries.







Right to Choice:







The right to choice is not specifically mentioned in the US Guidelines but is alluded to in its section on promotion and protection of consumers’ economic interests. The Guidelines has provisions against restricted and abusive trade practices, for goods that meet durability, utility and reliability, protection of consumers from unfair contracts, etc. In India the Competition Act, 2002 is enacted in the way of protecting these rights for consumers. However, in spite of this and other laws consumers get duped regularly or are forced to accept substandard goods and services in the absence of a choice. Ready instances of the latter are essential services like electricity, water, roads etc. The government, producers, the middlemen and consumers all have to play in realizing this right to choice. The situation can be remedied by addressing essentially three different issues: availability, information and regulation.







Right to Information:







The UN Guidelines discusses the right to information under various themes of consumer protection. The Guidelines also call for legislation relating to diffusion of information for consumer protection. Mr Mehta gave instances from a number of laws on the subject. He also related a number of instances where this right is flouted for the flimsiest of reasons hiding behind the Official Secrets Act, 1923 (of British vintage). The Freedom of Information Act, 2002, is expected to remedy much of the situation. The bane of the consumer’s right to information is poor implementation of the various relevant clauses in the different laws that need to be addressed seriously. Legislation on mandatory labelling/information should be strengthened. Consumer organisations should be encouraged to proactively various issues. He appreciated the efforts of the Government of West Bengal for establishing consumer fora in all districts to disseminate information.







Right to Consumer Education:







The Guidelines recommend introduction of consumer education in the basic curricula itself. The education programmes should aim to arm the depressed classes of society, encouraging business to take up factual and relevant consumer training programmes. As far as India is concerned, the Central and State Governments have taken up the issue. The Indira Gandhi National Open University has devised a syllabus for consumer protection through distance education. He also lauded the initiative of the Consumer Affairs Department, Government of West Bengal, on devising a similar course in collaboration with the Netaji Subhas Open University, Kolkata. Again what is required to make consumer education a success is to abandon a ‘top down’ approach and directly address consumer concerns.







Right to Redress:







Mr Mehta emphasized that the right to redress is one of the foremost consumer rights. One of the major objectives of the UN Guidelinesis that govern should have in place proper fora for the redressal of all means of consumer grievances through both formal and informal procedures that are fair expeditious and inexpensive. The three-tier quasi-judicial consumer courts established under COPRA is, in his opinion, a step in the right direction where aggrieved consumers can plead their own cases without taking recourse to lawyers. COPRA lays down clearly the definition of a consumer, and gave the example where COPRA does not cover disputes in cases involving domestic help. However he pointed out the lacuna of long pending cases, which vitiates the very purpose of establishing consumer courts. He called upon various consumer organisations to come forward to facilitate out of court settlement and gave some example of CUTS’ initiative in this regard







Right to Representation:







The right to advocate for consumer rights follows naturally in the basket of rights for consumers. The Guidelines calls upon government to facilitate the process by which the concerns of the consumers are heard and taken into account in all-relevant decisions. Standing committees of Parliament, committees on petition and representation through consumer organisations are some of the avenues available. But he rued the fact that a strong consumer movement was yet to find its bearings in India. But he was optimistic on this count and gave the instance of the recent case where the Centre for Science and Environment’s views were heard by the Joint Parliamentary Committee set up to probe the issue of pesticides in soft drinks He gave the instance when CUTS served on the Ministerial Committee of the National Road Safety Council. However he felt that cooperation between different consumer organisations is the key to be in a better position to influence decisions.







Right to a Healthy environment:







The right to ‘sustainability’ was not included in the original Guidelines but was included in 1999. It recognises the responsibility of the present generation to address the concerns of future generations for goods and services in ways economically, socially and environmentally sustainable. It strongly emphasizes the role to be played by government alone or with other stakeholders. There is a plethora of laws towards pollution control and sustainable production and consumption. However he regretted that on the ground lack of awareness and apathy is nullifying the best of efforts. He gave the example of the Indian ECOMARK that has been formulated to recognise environmentally friendly products is yet to gather momentum. He emphasized on bringing the issue of sustainable development to the mainstream and also underscored the relevance of making eco-labelling mandatory. Increasing awareness on this important issue is also very important.







The presentation was followed by a lively question and answer session.







The moderator of the session, Mr. Prabhat K. Rohatgi, an eminent Consumer Activist, concluded the session by saying that the very informative talk was a “capsule course on consumer activism” and added that this talk could well form the basis of the course being introduced by the Netaji Subhas Open University on Consumer Affairs.







Session II: Presentation on the Campaign on Consumer Safety Issues - “Is It Really Safe?”







Ms. Soumi Home Roy, Research Assistant, CUTS made a presentation on her book “Is It Really Safe?” where she informed the participants about various safety aspects related to milk, edible oil, mosquito repellents, toys, emergency services and pesticides.







She said that although India is quite rich in laws it sadly lacks in their implementation. She pointed out the role of the book in making the consumers aware about the present scenario in India and their safety related rights so that they could push for improved legislation, standards and their implementation.







Ms. Home Roy informed participants about four aspects related to milk safety i.e. adulterated milk, pesticide residues in milk, presence of bacteria in milk, and use of hormone injections in cows and female buffaloes. She mentioned that consumption of milk adulterated with urea, detergent, shampoo, baking soda, starch etc. can cause diseases like Septic sore throat, Bruscellosis, zoonotic tuberculosis. She informed the participants about different cases of adulterated milk, presence of pesticide residues and bacteria in milk, and use of hormone injections in cows and female buffaloes. She also mentioned about the Prevention of Food Adulteration Act (PFA), 1954 and Milk and Milk Products Order (MMPO), 1992 that are there to protect consumers from unsafe milk. At the end, Ms. Home Roy suggested a number of steps that will ensure safe and quality milk to consumers.







Her next presentation on edible oil safety clearly showed the poor implementation of the Edible Oils Packaging (Regulation) Order 1998, which was promulgated by the Centre to protect consumes from adulterated edible oil. She narrated cases of adulterated oil like Behala Oil Tragedy, Delhi Dropsy case and similar other cases to show the frequency of adulterated edible oil cases. After informing participants about health risks related to consumption of adulterated edible oil, Ms. Home Roy suggested a number of steps to ensure supply of safe edible oil to consumers.







National Malaria Eradication Programme reported that in India, two million people suffer from malaria each year. Under such a compelling situation, use of mosquito repellents is increasing day by day. But Ms. Home Roy’s presentation on mosquito repellents showed the possible health hazards associated with the use of mosquito repellents. Ms. Home Roy informed participants that different studies have shown that using mosquito repellents can cause nausea, anxiety, diarrhoea, convulsions, bronchitis, eye irritation, respiratory problems. According to Industrial Toxicology Research centre, prolonged exposure to mosquito repellents can seriously affect the health of pregnant women and children. Researches in Sweden and USA have shown that using mosquito repellents for a prolonged period can cause brain and blood cancer. Ms. Home Roy warned the participants that Allethrin, an active ingredient used in mosquito repellents, was originally recommended for outdoor use only. But now a day, manufacturers suggest closure of doors and windows for best result. The presentation clearly revealed that the use of mosquito nets is the best alternative.







After presenting some important facts and figures on toy safety, Ms. Home Roy cautioned that a manufacturer is not obliged to follow the BIS safety standards unless he is exporting. She informed the participants that in March CUTS issued a press release on toy safety where after giving possible health hazards associated with playing with toys, it requested the parents/doctors to report cases of injury while playing with toys to CUTS. The press release has been issued from other centres of CUTS and also consumer organisations in other parts of India. She requested the participants to send details of any death/injury from toys to CUTS. She explained that the cases of death/injury from toys collected from all over India will be documented and then CUTS will lobby with the Ministry of Consumer Affairs to make the standards mandatory for toys, whether produced for the domestic market or for export.







Her next presentation on emergency services by medical institutions clearly revealed the poor condition of emergency health care. She informed the participants that after the Supreme Court’s Directive in 1989, Section 134 of the Motor Vehicles Act 1988 was amended which mandates that every driver responsible for an accident should take the accident victim to the nearest hospital/doctor and the hospital/doctor thus approached would be obliged to attend the victim immediately without completing any legal provisions. But not much has been done to popularise this section, said Ms. Home Roy. Here she mentioned about CUTS’ initiative to popularise this section among the film/serial directors so that they portray the right message through their films and serials. She also requested the participants to spread the message as has been given in the material distributed among them by CUTS, i.e. a one pager on Sec 134 and an FAQ on Sec 134, among their friends, relatives and acquaintances.







Her last article on pesticide safety clearly showed the non-judicious use of pesticides by farmers because of lack of knowledge on safe pesticide application. Her presentation also showed that many pesticides, which are banned/restricted in other countries, are still in use in India.







The moderator of the session, Dr. Indira Chakravarty, Director Professor and Dean, All India Institute of Hygiene and Public Health made some valuable remarks on the issue of consumer safety.







Agreeing to Ms. Home Roy’s point she added that India is good at framing laws







Referring to pesticide safety, Dr. Chakravarty pointed out that current permissible level of safe doses of pesticides is not at all safe for Indian population, as a huge portion is under nourished. Therefore, there is an urgent need to bring down the pesticide dose. She mentioned that their institute have published about 40 studies on the issue.







While referring to the presentation of Ms. Home Roy on Edible oil safety, Dr. Chakravarty pointed out that adulteration of mustard oil with argemone oil is not always intentional. The smell is almost same and during plucking one can do a mistake. She mentioned that they strongly object the fortification of oil with vitamin A and D, as there is high chance of adulteration.