Vikram Gour
With the change of the Government and new minister taking over, working of the ministry of Consumer Affairs & Public distribution (CAPD) was discussed in the state Legislature only a couple of days back. The members of Legislature discussed in detail the public distribution system, adequate availability of food grains in all parts of the state, shortage of kerosene oil etc. Working of the transport system and problems of the transport facility to the commuters, traffic problems and its efficient and effective working. All the members were deeply concerned about traffic mismanagement as also the absence of traffic lights for effective control of road traffic.
Surprisingly, most important wing of the ministry that affects each and every individual in the state (including the Legislators themselves) was not even touched. Neither the MLAs nor the minister in charge said a word about the working of the Consumer Affairs part of the ministry. No questions raised and no explanations given. The Directorates of CAPD, both in Jammu as well as in Kashmir were happy to render their explanations about Public Distribution of food grains through the Ration Dealers (both official and non official). Although the MLAs were not satisfied with supply of food grains to BPL families who have not been wholly and correctly registered.
The ministry of Consumer Affairs that has to guarantee protection of Consumer Rights as enshrined in the Consumer Protection Act of 1987 of J&K. These rights include:-
* Right to be protected from all type of hazardous goods and services.
* Right to be informed about performance and quality of goods and services.
* Right to free choice of goods and services.
* Right to be heard in all consumer related interests.
* Right to seek redressal whenever consumer rights are infringed.
* Right to awareness about consumer rights.
* Right to clean environment.
Careful study of above stated consumer rights would reveal that every citizen of the state irrespective of age, sex, gender, cast, creed and location is lawfully entitled to enjoy these rights against providers of goods and services by both private as well as Government agencies. This includes all items of daily use purchased from and services provided by a private or Government commercial agency. Services provided by Government include Medical Services (health), water, electricity, communication, LPG, food grains, agriculture inputs, irrigation facility, roads and transport, traffic management, cleanliness and hygienic conditions in municipal areas etc. This means every item of daily use of each citizen has to be looked after by the department of Consumer Affairs.
Our legislators did not find it necessary to question the minister about his working in this field of ‘Protection of Consumer Rights’ by the concerned agency under his ministry. In the present prevailing conditions in the market where everything needed in the kitchen, right from vegetables, cereals, pulses, cooking ingredients, oils etc consumer is not sure of quality, quantity or the price. He is being cheated day in and day out. Similar is the condition prevailing in the manufacture and sale of goods of daily domestic use sold in packed conditions by multinationals and other manufacturing companies. The so called MRP is being so grossly misused by the manufacturers and traders that a consumer is being officially befooled on MRP as shown on the packed goods. Fixation of MRP has no relation to its cost of material, cost of production, cost of retailing including their reasonable profit. Fixation of MRP is just on the sweet will of the manufacturer. The consumer is now being advised to negotiate on the MRP as well. These companies have now started fooling the consumers by reducing the quantity of the packed material instead of increasing the price.
The Consumer Affairs directorate with only an Asst. Director without any supporting staff or a conveyance to move around for checking has almost abandoned the regulation of quality, quantity and price of essential Commodities as provided under the Essential Commodity Act 2006. Similarly there are hundreds of eating joints and manufacturers of eatable items of daily use (Bakery, Namkeens and sweets). There is no check over their quality of ingredients used or conditions under which the manufacturing takes place. Road side cooking/eating vendors in congested areas and Mohallas are nobody’s business and are running without any check by any of the government agencies. This naturally is a potential health hazard and comes under the Consumer’s Affairs Ministry. Conditions have worsened since Nov. 2014 when Drug Control wing if the Health Ministry withdrew all inspection powers of checking quality and hygienic working conditions of all types of eatables manufactured and sold in the market from the Health Officer of Jammu Municipal Corporation. Presently none of the Government agencies is carrying out such checks.
The Government’s apathy towards the Consumer Movement is obvious from the fact that more than two year back the Government had announced that it had decided to add 8-district consumer courts in addition to Consumer Courts one state level and two provincial level courts, 4- in each Jammu and Kashmir to facilitate filing of consumer complaints within the district itself. Although, this decision of the Government was appreciated by all NGOs working in the field for protection of consumer rights and the public, yet the district consumer courts have not yet been made functional and instead even provincial level consumer courts have been abolished.
About the Government’s effort in creating awareness about consumer rights’ among the public especially in the rural areas where it is needed most, less said the better. The Ministry of Consumer Affairs is more than satisfied in celebrating two days in a year for creating awaremess about ‘protection of consumer rights’ on 15th March, (World Consumer Rights Day) and 24rth of Dec. (National Consumer Rights Protection Day) by participating in functions arranged by NGOs and one or two Government Departments.
The State Level Consumer Protection Council is supposed to meet for more than twice to take stock of the consumer’s problems and provide redressal in services provided by the government agencies. The highest Government body for redressal of consumer problems has not met for the last 4-years.
It is hoped that Ministry CAPD under new young and dynamic minister will do well to concentrate more on Consumer Affairs and adequately reinforce its Consumer Affairs staff in the Directorate of CAPD to enable them to do justice to the millions of consumers who are being cheated throughout the state especially in the rural areas.
(The author is President-Consumer Welfare Association)