Firdous Ahmad Ahangar
“Consumer empowerment is not only about rights and privileges of the consumers but some directive principles and social obligations also”
In India the National Consumer Day is celebrated every year on 24th December to sponsor the basic rights and privileges of consumers and to demand respect and protection of these rights.
Enactment of this Act was considered as a historic milestone in the consumer movement in the country aimed to provide consumers with effective safeguards against different natures of exploitation such as flawed goods, unsatisfactory services and bigoted trade practices.
Consumer Protection Act 1986 had identified six of the eight rights of the consumer as provided in the UN charter viz, The Right to Safety and Protection, The Right to be Informed, The Right to Choose, The Right to be Heard, The Right to seek Redressal and The Right to Consumer Education.
Although thisAct has undergone many changes, challenges, disparagements, amendments and even questioned on its legal validity in the Honurable Supreme Court, but, this welfare act rightly has been kept very much valid, legal and within the framework of our constitution by the apex court for consumer welfare.
In its latest development, Union Cabinet approved introduction of the Consumer Protection Bill, 2017. If agreed and given assent, the proposed law would help in dealing with current challenges originating from digital and e-commerce transactions. The theme of this year’s National Consumer Day is also kept as “Emerging Digital Markets: Issues & Challenges for Consumer Protection”
It also proposes to establish an authority by the name of Central Consumer Protection Authority (CCPA) to safeguard consumer rights and has enhanced provisions for penalty and jail terms in case of adulteration and misleading ads by companies.
Taking cognizance of the fact that, being imitated by the young generation, those celebrities endorsing misleading ads will be accountable for fine and ban of up to three years. In case of first offence, the fine will be up to Rs 10 lakh and a one-year ban on any endorsement. For second offence, the fine will amount up to Rs 50 lakh and up to three years ban.
Similarly, to expand the scope of existing law to the goods and service providers, the proposed bill also offers for penalty and up to life term jail sentence in case of adulteration. For manufacturers and companies, penalty amounting up to Rs 10 lakh and up to two years’ jail for the first offence, same fine will amount up to Rs 50 lakh and five years’ jail for subsequent offence.
These efforts from our Governments aimed at people welfare must be appreciated, however, it has to be explained that why the accomplishment of statues and regulations approved by our Governments often remain a distant dream.
Unfortunately, today a consumer is an unheard man of the modern socio-economy. Being regarded as the last significance and the most peripheral component in the sphere of investment, production, sale and consumption, he or she is usually taken for granted as one who has anyway to buy in order to live.
It is our social answerability to reiterate at every forum that ‘Everybody is a consumer’ whether a labour, employee, a bureaucrat, a politician or a businessman. Because, in our country an average consumer is poor, illiterate and ignorant and is oblivious of his/her rights and is often deprived of the privileges by the other selfish consumers, who forget this fact that everybody is a consumer in one way or the other.
To upraise and adjudge the status of a consumer in our socio-economy words of M.K Gandhi’s are worth mentioning. According to him, “A Consumer is the most important stakeholder in a society. He is not dependent on goods and service providers; rather they are dependent on him. He is not an interruption to their work, but he is the purpose of their work. In fact, goods and service providers are not doing a favour to consumer by providing him opportunity to avail products and services, but a consumer is doing a favour for them by giving them an opportunity to serve them live”.
A valid and genuine question however arises here, why and how problems arise? Why consumers are duped and where are the loopholes and how they can be plugged to establish a self-regulatory and sustainable consumer society?
In actuality, both the service providers and consumers are at fault. From most goods or service side non-compliance of statues and regulations apart, there is selfishness and greed to reap more profit by unethical mean practices and competition for the sake of competition, instead of consumer welfare. And in somecases, manufacturers and agencies lack awareness of standard of procedures which result in faulty output deemed for consumer utility.
Although, there are various channels through which Govt. guides the consumers in finding solutions to problems related to products & services; not only by providing information related to regulatory authorities and facilitating in filing complaints against defaulters, but, to empower them to use available grievances redressal mechanisms and educate them about their rights and responsibilities.
It is quite a limited platform here to explain in detail all the privileges our Governments have time to time put at consumer’s disposal. But, it is an obligation here to enlist some of the landmark Acts and the facilities made available through them.
Apart from the aforementioned Consumer Protection Act 1987 there are many provisions like that of The National Consumer Helpline(operative since March 2005), Consumer Forums and Courts (operative since 1991), Grievance Cells (operative since 2009), Food Safety Voice (operative since Sept-2016), all these provisions are envisioned in many landmark Acts likeConsumer Protection Act 1986, NFSA 2013, PSGA 2011, RTI 2009, FSSA 2006, PIL1986 etc.
Most relevant here to mention here are Consumer Forums that have been established across country at the different levels with view to provide prompt, less expensive simple and hassle-free dispute redressal to the consumers. After amendment in the year 2002 to National Consumer Protection Act 1986, it provides a three tier dispute redressal agencies.
A ‘National Consumer Dispute Redressal Commission’ established by Central Government by the notification. This Court is known as “National Commission”. A ‘State Consumer Dispute Redressal Commission’ established by State Government with prior approval of the Central Government, by notification. And this Court is known as “State Commission”. A Consumer Dispute Redressal Forum established by the State Government in each district of the State by notification known as ‘District Forum’.
Having mentioned how empowered consumer has been made by our Governments through various legislations, still there are and have been many reservations from various quarters about the functional status of these agencies. However, its apt to make an impartial call and admit that executive inertia and red-tapism or lack of infrastructure are not the sole reasons for the non-operational status of these forums and platforms meant for grievance redressal and consumer protection.
As a core and responsible stakeholder a consumer must ensure at his/her level for the accomplishment and enforcement of Govt. initiatives by self-compliance. i.e to utilise the privileges and rights that have been put at his disposal.
Regrettably,from the consumer sidethere is financial illiteracy, ignorance and indolence in large proportions. Most consumers are unable to know the legitimate privileges due to illiteracy. Even being literate a consumer is ignorant of the extent of rights and privileges provided by the Govt. like entitlements, eligibility to schemes, subsidies etc. and most importantly consumers are reluctant to avail benefits and fight for rights due to own negligence which leads to concealment and corruption.
With rights come some obligations, it is a personal liability and a social responsibility of a consumer to be financially literate in buying products and availing services, give feedback and organise a public opinion and claim and avail privileges provided by the consumer protection agencies and fight for their rights through various forums. While on our part as facilitators, we need to spread awareness across all sections of society to make consumer rights inclusive.
(The author is Food Safety Officer Nodal Officer IEC, Commissionerate of Food Safety J&K)
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