consumer awarenes and various rights

The consumer movement in India is as old as trade and commerce. Even in Kautilya’s Arthashastra, there are references to the concept of consumer protection against exploitation by the trade and industry with respect to quality, short weight and measurement, adulteration etc. Till recently, there was no organized and systematic movement for safeguarding the interests of consumers.

The ordinary citizen today depends on products, design and construction of which he or she may not understand. In this situation, reassurance is an over-riding need; reassurance that the product is reliable and will meet the expectations of the consumers in terms of performance, safety, durability etc.

Need For Consumer Awareness

It has been observed that the people for,whom various schemes have been taken up by Bureau of Indian Standards (BIS), in fact, do not get benefit as expected. This is mainly because they are not fully aware of these schemes and their benefits.

Also, only knowledgeable and alert consumers aware of their rights and responsiblities can protect themselves effectively. The need of the hour is, therefore, to educate the common consumers particularly those in rural areas who are more susceptible to exploitation. Once they are educated and made aware of the schemes that have been drawn up for their benefit and also the redressal forum that is available, the benefit of various schemes, in true sense, will reach the common consumers of the country.

It is, therefore, our bounden duty to play our part jointly and effectively in disseminating various schemes to the common consumers of the country. In this regard, the role of the voluntary consumer organizations, consumer activists, non-governmental organizations, educational institutions and media cannot be ignored.

BIS is operating the following important schemes for the benefit of consumers:

Formulation of National Standards

BIS is engaged in formulating Indian Standards laying down parameters for the products and services. These Standards are prepared by Technical Committees that are represented by experts from various fields including scientists, technologists, manufacturers and consumers. BIS seek and encourage participation of consumer organizations in formulation of national standards.

Certification Schemes

(a) Product Certification: BIS operates Product Certification Scheme that is governed by the Bureau of Indian Standards Act, 1986 and Rules and Regulations framed there under. Presence of Standard Mark on product indicates conformity to the relevant Indian Standard. Before granting licence to any manufacturers, BIS ascertains the availability of required infrastructure and capability of the manufacturer to produce and test the product conforming to the relevant Indian standard on a continuous basis. Samples are also drawn from the production line as well as from market and got tested in independent laboratories to ensure their conformance to the relevant Indian Standard.

(i) Mandatory Certification: The BIS Certification Mark Scheme is essentially voluntary in nature. However, keeping consumer’s interests in view, the Central Government has made BIS Certification Scheme compulsory for items meant for mass consumption, consumer safety, health and energy conservation. As on date 133 products have been covered under the Mandatory Certification Scheme. These orders have been issued under the various acts like Essential Commodities Act, PFA Act, etc.

(ii) Hallmarking of Gold Jewellery: Hallmarking of Gold Jewellery is a Purity Certification Scheme of BIS. Hallmarked Jewellery has to go through stringent norms of manufacture and quality control. Hallmarked Jewellery is assessed and marked by BIS recognized Assaying & Hallmarking Centres only. The Hallmark indicates that the Jewellery articles have been independently tested and assures that it conforms to the marked fineness. BIS logo is marked on BIS Hallmarked Jewellery along with fineness (that is 916 for 22 carat), A&HMC’s logo (Assaying & Hallmarking Centre’s Mark) — where the Jewellery has been assayed & hallmarked, Code letter that is year of hallmarking of Jewellery as decided by BIS, for example letter ‘B’ denotes year 2001 and logo of BIS certified jeweller/jewellery manufacturer.

(iii) Certification Schemes for Imported Goods: BIS also operates two Certification Schemes for imported goods; one for the foreign manufacturers and the other for Indian importers. The Schemes are essentially similar to BIS Product Certification Schemes for domestic industry barring slight modifications necessary for operation of such schemes. The schemes for foreign manufacturer at present are being centrally operated through Central Marks Department at Headquarters and schemes for Indian importers are operated by respective ROs/BOs under whose jurisdiction Indian importer falls. It may, however, be noted that in case of 133 products covered under mandatory certification, only foreign manufacturers can seek BIS license and for products other than 133 products both foreign manufacturer and Indian importers can seek BIS licence.

(iv) Eco Mark Scheme: BIS is operating Eco Mark Scheme for labeling of household and other consumer products which meet certain environmental criteria along with quality requirements prescribed in relevant Indian standards.

(b) System Certification:
In addition to Product Certification Scheme, BIS also operates following System Certification Schemes.

(i) Quality System Certification: BIS is operating Quality System Certification Scheme against IS/ ISO 9000 series of standards. This scheme is governed by the Bureau of Indian Standards Act, 1986 and has been accredited by Raad Voor Accreditatie (RVA), Netherlands. Under this scheme, the capability of supplier of goods or services is certified to IS/ISO 9000 series of Standards for ensuring the quality of goods and services satisfying the customer as relevant to the particular contracts entered into between the respective parties.

(ii) Environmental Management System Certification: BIS is operating EMS Certification Scheme against IS/ISO 14000 series of Standards.

(iii) Hazard Analysis and Critical Control Point (HACCP) Scheme: BIS has also launched Hazard Analysis and Critical Control Points (HACCP) Certification Scheme against IS 15000 to ensure consistent high quality of food safety, compliance with regulations, international acceptance, global competitiveness and total customer satisfaction for the food processing units.

Complaints and Grievances

BIS has a full-fledged Grievance Cell functioning at its Headquarters in New Delhi and Public Grievance Officer at all Regional & Branch Offices to provide consumers with prompt attention and speedy redressal of their grievances. In case of any complaint about the quality of its Marked products, the consumers should get in touch with the nearest office of the Bureau of Indian Standards. BIS has a system of attending the complaints and redressal by way of replacemenV repair of ISI Marked products in case the complaint is found to be genuine. Necessary actions are taken to ensure that corrective measures are taken by erring manufacturers so that other consumers are not put to inconvenience. Such complaints are also treated as feedback information on the performance of the manufacturers who are granted licence to use ISI Mark on their product(s).

STRENGTHENING THE CONSUMER MOVEMENT

The consumer movement in India is as old as trade and commerce itself. Even in Kautilya’s Arthshastra, there are references to the concept of protection of consumers against the exploitation by trade and industry, short weighment and measurements, adulteration along with the punishment for these offences. There was, however, no organized and systematic movement actually safeguarding the interests of the consumers. Prior to Independence, consumer interests were considered mainly under laws like the Indian Penal Code, Agricultural Production Grading and Marketing Act 1937, and Drugs and Cosmetics Act, 1940. Even though different parts of India had varying degrees of awareness, in general the level of awareness was low.
It is generally believed that the consumer movement in India as of today is quite strong when it is compared with other developing countries in Asia, Africa and Latin America. India is a vast country with a very large population of which a sizeable percentage lives below the poverty line. Because of economic inequality, low level of literacy and ignorance, particularly amongst women, the level of consumer awareness is not too high and , therefore, the consumers are not able to assert and protect themselves. They easily get exploited by trade and industry and service providers. With the liberalization process which started in 1991 the entire economic scenario is undergoing a complete change from a government-driven economy to a market-driven economy. Protecting the interests of consumers has, therefore, become one of the paramount concerns of the Government than ever before. Hence, policies are being designed and legislations enacted to protect the consumers’ interest and grant them the right
to choice, safety, information and redressal.

Consumer Protection Act, 1986

One of the most important milestones in the consumer movement in the country has been the enactment of the Consumer Protection Act, 1986 to better protect the interest of the consumers. This has revolutionized consumer rights. It is one of the most progressive and comprehensive pieces of socio-benevolent legislation covering all goods and services. The Act provides for a separate three-tier quasi-judicial consumer dispute redressal machinery, popularly known as consumer courts, at the national, state and district levels to provide simple, speedy and free redressal against consumers’ complaints. Filing of a simple complaint on plain paper with the details of the case with supporting documents seeking relief or compensation is enough and it is not obligatory to engage a lawyer. According to the objects and purposes of the Consumer Protection Act, these quasi-judicial bodies observe the principles of natural justice while adjudicating consumer complaints against defective goods, deficient services and restrictive and unfair trade practices through summary trials. The Act applies to all goods and services and covers all sectors, whether private, public or cooperative.
Amendments
The Act was amended in 1991 mainly to incorporate provisions for the quorum of District Forum, appointing persons to preside over State Commission/District Forum in case of absence of the President to enable the court function uninterruptedly. In 1993 the Act was again amended exhaustively to make it more effective and purposeful.
The Government has formulated comprehensive proposals for amending the Consumer Protection Act mainly based on the recommendations of the Working Group and Expert Group set up for the purpose and the wide-ranging consultations its had with the representatives of consumer interests, presidents of the national and state commissions and Central Government Ministries and Departments. These amendments are mainly aimed at facilitating quicker disposal of complaints, enhancing the capability of redressal agencies, strengthening them with more powers, streamlining the procedures and widening the scope of the Act to make it more effective to protect the consumers’ interest .
The Consumer Protection (Amendment) Bill, 2001 introduced in the Rajya Sabha on 26th April, 2001 among other things addresses the issues of quicker disposal of complaints, widening the scope of the Act, strengthening the Consumer Courts, streamlining the procedure and a proposal to strengthen the consumer movement. It is also proposed to establish a consumer protection council in every district in order to strengthen the consumer movement at the grassroot level.
Enactment of the Amendment Bill will not only further strengthen the consumer movement in the country but also help the large number of consumers in securing speedy and effective redressal of their complaints.

Government’s Role

A separate Department of Consumer Affairs was created in 1997 to act as the nodal outfit in the Central Government for promoting and protecting the welfare of consumers. It seeks to do this in various ways such as ensuring availability of essential commodities at reasonable prices including monitoring of prices, formulating standards of goods and services, regulation of weighing and measuring instruments and prepacked commodities and providing a legislative framework for safeguarding consumers’ interests and establishment of machinery for redressal of consumer complaints.
To meet these objectives the Department has been undertaking various measures involving all concerned to strengthen the consumer movement in the country. Some of the important measures being taken to strengthen the consumer movement include initiating multimedia publicity programmes to educate the consumers, providing financial assistance through consumer welfare fund to the NGOs and State Governments to generate consumer awareness, setting up of district information centres to guide the public, national awards on consumer protection to encourage outstanding work by women and youth, observing national and World Consumer Rights Day to remind the consumers to be vigilant, interactions with various interests through Central and State Consumer Protection Council to promote and protect the rights of the consumers, formulation of citizens’ charters containing their entitlements to public services, standards of performance and redressal of grievances for providing an efficient and responsive administration.
The success of the consumer movement mainly depends upon the level of consumer awareness around the country. The Government can only be playing the role of a facilitator or catalyst. The growth of consumer movement is a voluntary effort involving the participation of one and all. Only alert consumers can protect themselves and the society


RIGHTS OF CONSUMERS

Right to Safety
Right to be Informed
Right to Choose
Right to be heard
Right to seek redressal
Right to Consumer Education

1. Right to Safety
Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests.
Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc.

2. Right to be informed
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.
Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

3. Right to Choose
Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price.
It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices.

4. Right to be heard
Means that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare.
The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.

5. Right to seek redressal
Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer.
Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organizations in seeking redressal of their grievances.

6. Right to Consumer Education
Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.