A consumer is anyone who buys or agrees to buy any
goods for a consideration which has been paid or promised or partly paid and partly
promised or under any system of deferred payment.A consumer also includes any user of such
goods other than the person who actually buys goods and such use is made with the approval
of the purchaser. However, a person is not a consumer if he purchases goods for commercial
or resale purposes. In the case of "services", a "consumer" means a
person who hires or avails of any service or services for a consideration which has been
paid or promised or partly paid and partly promised or under any system of deferred
payment. It also includes any beneficiary of such service other than the one who actually
hires or avails of the service for consideration and such services are availed with the
approval of such person.
Consumer Protection Act
One of the most important milestones in the area of
consumer protection in the country has been the enactment of the Consumer Protection Act,
1986. This Act was necessitated since the well-organised sectors of manufacturers, traders
and service providers with the knowledge of market and manipulative skills continue
exploiting the consumers, despite the existence of various laws protecting their
interests. It is one of the most progressive and comprehensive pieces of legislation and
provides for a separate three-tier quasi-judicial consumer dispute redressal machinery at
the national, State and district levels. Its National Consumer Policy statement takes into
account, inter alia, the following two rights of the consumers: basic needs and a healthy
environment. The right to basic goods and services includes adequate food, clothing,
health care, drinking water and sanitation, shelter, education, energy and transportation.
A healthy environment entails the right to a physical environment that enhances the
quality of life. It includes protection against environmental damage and acknowledges the
need to protect and improve the environment for future generations as well. One of the
significant objectives of the National Consumer Policy is to make it mandatory that
consumer impact assessment is required in every area of governance where consumer
interests are affected. Unlike existing laws, which are punitive or preventive in nature,
the provisions of this Act are compensatory in nature. The Act is intended to provide
simple, speedy and inexpensive redressal to the consumers’ grievances and relief of a
specific nature and award of compensation wherever appropriate to the consumer. It applies
to all goods and services and it covers private public and cooperative sectors.
Consumer Courts
A three-tier quasi-judicial machinery, popularly
known as consumer courts, at the national, State and district levels has been set up to
render free redressal to the consumers’ disputes against any defective goods and
deficient services which include unfair and restrictive trade practices. The National
Consumer Disputes Redressal Commission known as National Commission is based at New Delhi.
Each State has a Consumer Disputes Redressal Commission known as the State Commission.
Similarly, every district in the country has a Consumer Disputes Redressal Forum –
known as the District Forum.
Under the Act, a complaint means any allegation in
writing made by a complainant in case of defective or hazardous goods, deficiencies in
services, and charging of excess price by the trader other than the fixed price. If the
cost of the goods or services and compensation asked for is up to rupees five lakh then
the complaint can be filed in the District Forum where the cause of action has arisen or
where the opposite party resides. It can also be filed at a place where the branch office
of the opposite party is located. If the cost of goods or services and compensation asked
for is more than five lakh rupees but up to twenty lakh rupees, the complaint can be filed
before the State Commission. If the cost of goods or services and compensation asked for
exceeds rupees twenty lakh, the complaint can be filed before the National Commission at
New Delhi.
A complaint can be filed free of cost before the
District Forum, the State Commission or the National Commission, the complainant or any of
his/her authorised agent/person can present the complaint in person. It is not obligatory
to engage a lawyer. Even a consumer organisation can be authorised to represent the case.
The complaint can be sent by post to the appropriate Forum/Commission.
The facts relating to complaint and when and where
it arose; supported by documents, relating to the allegations and the relief which the
complainant is seeking should also be duly mentioned and signed by him. The complaint is
to be filed within two years from the date on which the cause of action arose. This period
can be condoned on merits by the Redressal Agency.
A consumer can file a complaint free of cost against
the decision of a District Forum before the State Commission within a period of thirty
days. Any appeal against the decision of a State Commission can be filed before the
national Commission within thirty days. Appeal against the orders of the national
Commission can be filed before the Supreme Court within a period of thirty days from the
date of the order. This limitation period can be condoned on merits by the redressal
forum. The procedure for filing the appeal is the same as that of complaint except that
the application should be accompanied by the orders of the District Forum/State Commission
as the case may be and grounds for filing the appeal should be specified.
The National Commission, State Commissions and
District Forums are required to decide complaints, as far as possible, within a period of
three months from the date of notice received by the opposite party where the complaint
does not require analysis or testing of the commodities and within five months if it
requires analysis or testing of commodities. Where the opposite party or its agent fails
to appear on the date of hearing, the Commission/Forum may decide the complaint
ex-parte.
Not more than one adjournment shall ordinarily be given. Since inception till now,
16,02,706 cases have been filed in these three-tier agencies. Out of them 12,63,399 (78.8
per cent) of cases have been disposed of.
The governments at the Centre and the States
continue their efforts to enforce the intent of the Act and make the consumer courts
effective. Government efforts are also directed at the creation of consumer awareness
through various agencies. The welfare of consumers now remains in their own hands. Hence
alert consumers, aware of their rights and responsibilities, can not only protect
themselves but can also make consumer sovereignty a reality.
*Deputy Secretary, Department of Consumer Affairs.
INDIA’S JOURNEY THROUGH
PAST FIVE DECADES
Dinkar Shukla
The Golden Jubilee Year
of the founding of the Indian Republic comes to a close on the
forthcoming Republic Day. It was on this day 51 years ago that the
people of India solemnly resolved to constitute India into a sovereign,
democratic republic. This Republic Day will also be the first of
the new century and the new millennium. As such, it offers a fitting
occasion to take stock of our achievements, shortcomings and lapses. It
must, however, be conceded that half a century is not long enough a
period in the march of a nation, particularly, when it became a
self-governing entity after two centuries of colonial rule. Any
assessment, therefore, must take note of many factors, particularly what
had India inherited from the British at the time of Independence. It has
to be understood that what the British had left behind was a country
steeped in poverty, famine, illiteracy, epidemics, caste and communal
divide and a fractured land divided between India and the newly created
Pakistan. The mighty task of reconstruction was further complicated by
inadequate infrastructure and a small industrial base.
Yet, the 51 years’ journey since the founding of the Republic is an
appropriate occasion to pose some questions. The first and foremost
question is as to how has the Republic fared in the past half a century?
Has it been able to live up to the Constitutional stipulation of
securing to all citizens justice, liberty and equality of opportunity?
Has it also lived up to the dream of Mahatma Gandhi to wipe out tears
and hunger of the humblest of Indians?
Judged in the background of India’s inheritance and the socio-economic
conditions prevailing at the start of the journey, its performance key
areas would certainly be termed as creditable. Its achievements on the
developmental front are enormous. Today, it can boast of an impressive
infrastructure, a formidable industrial base and a self-reliant economy.
Judging our progress, however, in the context of constitutional
stipulations and the Gandhian dream, it must be acknowledged that India
has still a long way to go. The contrast is best summed up by the Prime
Minister, Shri Atal Behari Vajpayee, in his recent "Musings from
Kumarakom" when he observes: I am filled with pride and
disappointment in equal measures when I look back at free India’s
journey through the past five decades". He makes no secret of his
distress that millions of people still do not have enough to eat and
proper roofs to sleep under. Many have to suffer for the lack of basic
needs, such as drinking water, medical care and educational
opportunities.
At
the same time, he underlines that he has reason to be proud of India’s
considerable achievements which need not be belittled. He has taken
particular pride in the fact that we have been successful in preserving
the two ideals that are most precious to us – the unity of India and
our democratic system. Indeed, few countries in the world facing the
kind of challenges of development and governance that India does have so
steadfastly continued on the democratic path. Similarly, few
multi-religious, multi-lingual and multi-ethnic societies in the world
have presented such an exemplary demonstration of unity in diversity as
India has done. This is not to overlook some periodic troubles, lapses
and instances of intolerance. But the point to make is that the Indian
people have learnt to overcome the shocks and live together with renewed
faith. It is a tribute to the founders of the Constitution that India,
unlike most Third World countries, is still a functioning democracy
where rules are accountable to the legislature, where the Press is free
ad unfettered and the judiciary fiercely independent. Elections are by
and large free, fair and impartial.
Returning to the development theme, our achievements are enviable. Ours
is a self-reliant economy and we are self-sufficient in food-grains
production. If anything, the food stocks are bulging. Yes, thanks to the
green revolution, the untiring labour of our farmers and vision of our
planners that has made it possible. We have built up a scientific base
of considerable proportion. Our pool of scientific and tehnological
manpower is among the largest and the best in the world.
India has made remarkable advances in developing its own
industrial-military complex and in pursuing its defence development with
self-reliance. Today, India is capable of launching its own rockets and
missiles. To peak it all, it has successfully conducted a series of
highly complex nuclear tests. Not long ago, the former US Secretary of
State, Henry Kissinger, had observed that India could not be ignored as
a power in the international system of tomorrow. France has acknowledged
that a multi-polar world is emerging with China, India, Russia and
Europe challenging the present world order in which the United States is
the sole superpower.
India’s economy is growing at a faster rate today than ever before. It
was no mean achievement that the country took recurring oil crises in
its strides. And now, liberalisation is unshackling its economy and
thereby, letting loose the creative energies of its people. Some
sections of influential western media have already forecast that India
is the emerging "Asian Tiger". It is said that at present rate
of economic growth, India will be one of the leading economies of the
world in two decades. Observers outside India assess that it will be one
of the six power centres along with the United States, the European
Union, China, Japan and Russia. As for reservations in certain sections
about reforms and liberalisation, the Prime Minister has himself assured
the country that the Government will take necessary measures to protect
the national interests against unfair trade and investment practices
from outside.
Side by side with our significant achievements, it is also to be noted
hat there have been lots of shortcomings and weaknesses. The 51 years’
story is one of the continuous co-existence of democracy and poverty. It
is also a story of declining integrity in public life. A story of high
level of illiteracy, unemployment, ill health and social evils. Though
the literacy percentage has jumped to 62 per cent, the fact remains that
38 per cent of our people fall in the category of illiterates. As many
as 3.8 crore children are not able to go to school. A survey reveals
that this is in spite of the fact that an overwhelming number of parents
in rural areas want their children to be educated.
Similarly, justice is slow. Land reforms have not been carried to their
logical end. Food production is stagnating after reaching a plateau. No
breakthrough has yet been made in bringing down the birth rate. None
other than President K R Narayanan had noted in his last Republic Day
eve address that benefits of our economic growth are yet to reach
millions of our countrymen. He also noted that the greatest drawback is
the status of our women and our greatest national shame the condition of
down-trodden.
During the past five decades India faced many critical situations,
numerous challenges, conspiracies and four external aggressions. What is
posing the most serious challenge to the body politic today is the rise
of terrorism and insurgency. Cross-border terrorism has assumed the form
of a proxy war. India is left with no choice but to stay alert and be
ever prepared to face any eventuality.
As
for the future, India has set its goal of joining the ranks of developed
countries in the next two decades. It means that by 2020 AD we must rid
ourselves of poverty, hunger and malnutrition and accelerate social and
economic development. A "Vision document-2020" released at the
recent session of the Indian Science Congress affirms that this is
possible by promoting growth through efficient and sustainable use of
our human, natural and other resources.
Five thrust areas have been identified to achieve the goal of becoming a
developed country. These are agriculture and food processing, reliable
and quality electric power, education and health care, information
technology and other strategic sectors. What is needed is that we build
upon our strong points. These are talented manpower, natural resources,
large infrastructure, design and software. According to Dr A P J Abdul
Kalam, Principal Scientific Adviser to the Government the cherished
dream can and will be realised when the challenges underlying the thrust
areas are tackled in a mission mode. The Republic Day is a fitting
occasion to start addressing ourselves to these challenges.
