Group 3Consumer Protection Act, 1986.

Table Of Content

Introduction..........................................................................................................................3“Consumer is the king. The king needs protection”.........................................................3

Pre-CPA era......................................................................................................................3

External Pressure..............................................................................................................3

Objectives of the Act........................................................................................................4

Salient Features of the Act................................................................................................4

Terminology.........................................................................................................................5Consumer..........................................................................................................................5

Goods................................................................................................................................5

Restricted Trade Practice..................................................................................................5

Complainant.....................................................................................................................5

Complaint.........................................................................................................................5

Consumer Rights..................................................................................................................7India’s Global Reputation.................................................................................................8

BUREAUCRAT’S REVENGE........................................................................................8

BELYING EXPECTATIONS...........................................................................................9

THE BROOM STICK....................................................................................................10

RECALLING UNSAFE GOODS..................................................................................10

Consumer Courts................................................................................................................12Relief Available to Consumer.........................................................................................13

Consumer Guidance Society Of India (CGSI)...................................................................14Activities of CGSI..........................................................................................................14

Forum.............................................................................................................................16

Steps to Securing Results...............................................................................................17

Where To Complain For Guidance And Help................................................................17

Gross Negligence...............................................................................................................22Governance of Consumer Protection Law in other countries............................................24

History of the consumer movement in the world...........................................................25

Consumers International: The Global Voice for the Consumers....................................26

CI’s vision.......................................................................................................................26

CI’s principles.................................................................................................................26

Governance bodies of Consumers International............................................................27

CI Activities:...................................................................................................................28

CI’s strategic objectives for 2007–2011.........................................................................28

United Nations Guidelines for Consumer Protection.....................................................28

Landmark Case...................................................................................................................30Related Cases.....................................................................................................................33Conclusion..........................................................................................................................35

Introduction“Consumer is the king. The king needs protection”The growing interdependence of the world economy and international character of many business practices have contributed to the development of universal emphasis on consumer rights protection and promotion. Consumers, clients and customer’s world over, are demanding value for money in the form of quality goods and better services. Modern technological developments have no doubt made a great impact on the quality, availability and safety of goods and services. But the fact of life is that the consumers are still victims of unscrupulous and exploitative practices. Exploitation of consumers assumes numerous forms such as adulteration of food, spurious drugs, dubious hire purchase plans, high prices, poor quality, deficient services, deceptive advertisements, hazardous products, black marketing and many more. In addition, with revolution in information technology newer kinds of challenges are thrown on the consumer like cyber crimes, plastic money etc., which affect the consumer in even bigger way. ‘Consumer is sovereign’ and ‘customer is the king’ are nothing more than myths in the present scenario particularly in the developing societies. However, it has been realized and rightly so that the Consumer protection is a socio-economic programme to be pursued by the government as well as the business as the satisfaction of the consumers is in the interest of both. In this context, the government, however, has a primary responsibility to protect the consumers’ interests and rights through appropriate policy measures, legal structure and administrative framework.

Pre-CPA eraIn the good olden days the principle of ‘Caveat emptor’, which meant buyer beware governed the relationship between seller and the buyer. In the era of open markets buyer and seller came face to face, seller exhibited his goods, buyer thoroughly examined them and then purchased them. It was assumed that he would use all care and skill while entering into transaction.

The Government understood the need to protect consumers from unscrupulous suppliers, and several laws have been made for this purpose. We have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, etc. which to some extent protect consumer interests. However, these laws require the consumer to initiate action by way of a civil suit involving lengthy legal process which is very expensive and time consuming.

Except for the Monopolies and Restrictive Trade Practices (MRTP) Act (now repealed) all the other Acts were mainly punitive and preventive in nature. The consumer could not seek remedy or redressal against the offending trader or manufacturer and negligent, careless providers of services. However the MRTP Commission enabled the consumer to approach it in case of complaints. Inspite of these Acts the consumers did not have any effective mechanism or institutional arrangement for the speedy redressal of their grievances and also the lack of effective popular movement isolated the consumer and his plight only increased. Seeing the pressure mounting from various consumer protection groups and the consumer themselves the Parliament enacted the Consumer Protection Act in 1986.

External PressureIn the history of the development of consumer policy, April 9, 1985 is a very significant date for it was on that day that the General Assembly of the United Nations adopted a set of general

guidelines for consumer protection and the Secretary General of the United Nations was authorised to persuade member countries to adopt these guidelines through policy changes or law. These guidelines constitute a comprehensive policy framework outlining what governments need to do to promote consumer protection in following seven areas:

1. Physical safety2. Protection and Promotion of the consumer economic interest3. Standards for the safety and quality of consumer goods and services4. Distribution facilities for consumer goods and services5. Measures enabling consumers to obtain redress6. Measures relating to specific areas (food, water and pharmaceuticals)7. Consumer education and information programme.

Though not legally binding, the guidelines provide an internationally recognized set of basic objectives particularly for governments of developing and newly independent countries for structuring and strengthening their consumer protection policies and legislations.

Objectives of the ActThe purpose of the Act is to provide for the establishment of the Commission:

To prevent practices having adverse effect on competition; To promote and sustain competition in markets; To protect the interests of consumers and To ensure freedom of trade carried on by other participants in the markets

The major focus of the Act is on the following areas: Prohibition of anti-competitive agreements; Prohibition against abuse of dominant position; Regulation of combinations; Advocacy of competition policy.

The legislative intention behind this Act is to clear all hurdles in promoting competition among business units whether of domestic or foreign origin.

Salient Features of the Act Provides a powerful fast, quasi-judicial system for settlement of consumer grievances. The act is compensatory in nature, so that, compensation may be awarded to consumer for

the hardships he has undergone. Less expensive:

◦ No fee needs to be paid to these forums.◦ No lawyer needs to be engaged to represent the case.

Terminology

ConsumerThe Consumer Protection Act is for “Consumer”. Here question arises who is Consumer. The Act itself gives the definition of Consumer only those who fall into the definition of Consumer given in Act can take benefit of this Act - This definition is some what different than dictionary/literal meaning. It also specifically excludes some kind of consumers from its preview.The definition of Consumer is given in two parts:

1. Consumer of Goods2. Consumer of Services

GoodsThe term “goods” under the Consumer Protection Act means goods as defined in the Sale of Goods Act, 1930.The sale of Goods Act defines goods as every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale.The definition reveals that -

1. Goods must be movable;2. Things attached to or forming part of land which can be severed satisfy the movability

criteria;3. Actionable claim and Money have been specifically excluded from definition of goods.

Restricted Trade Practice“Restrictive trade practice” means a trade practice which tends to being about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or service in such a manner as to impose on the consumers unjustified costs or restrictions and shall include -

1. Delay beyond the period agreed to be a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;

2. Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be services as-condition precedent to buying, hiring or availing of other goods or services.

Complainant A consumer; or Any voluntary consumer association registered under the Companies Act, 1956 (1of

1956)or under any other law for the time being in force; or The Central Government or any State Government, One or more consumers, where there are numerous consumers having the same

interest; In case of death of a consumer, his legal heir or representative; who or which makes a

complaint.

Complaint“Complaint” means any allegation in writing made by a complainant that— 

An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.

The goods bought by him or agreed to be bought by him; suffer from one or more defects.

The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.

A trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the price –

o Fixed by or under any law for the time being in force o Displayed on the goods or any package containing such goods.

Displayed on the price list exhibited by him by or under any law for the time being in force.

Agreed between the parties. Goods which will be hazardous to life and safety when used or being offered for

sale to the public. In contravention of any standards relating to safety of such goods as required to be

complied with, by or under any law for the time being in force. If the trader could have known with due diligence that the goods so offered are unsafe to

the public. Services which are hazardous or likely to be hazardous to life and safety of the

public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

Consumer RightsConsumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing.

Consumer rights are the rights given to a "consumer" to protect him/her from being cheated by salesman/manufacturer/shopkeeper. Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace.

Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in Competition law.

Consumer protection can also be asserted via non-government organizations and individuals as consumer activism.

Even though strong and clear laws exist in India to protect consumer rights, the actual plight of Indian consumers could be declared as completely dismal. Very few consumers are aware of their rights or understand their basic consumer rights. Of the several laws that have been enacted to protect the rights of consumers in India, the most significant is the Consumer Protection Act, 1986. Under this law, everyone, including individuals, a Hindu undivided family, a firm, and a company, can exercise their consumer rights for the goods and services purchased by them. It is important that, as consumers, we know at least our basic rights and about the courts and procedures that deal with the infringement of our rights.

In general, the rights of consumers in India can be listed as under:

The right to be protected from all types of hazardous goods and services.

The right to be fully informed about the performance and quality of all goods and services.

The right to free choice of goods and services.

The right to be heard in all decision-making processes related to consumer interests.

The right to seek redressal, whenever consumer rights have been infringed.

The right to complete consumer education.

The Consumer Protection Act, 1986 and various other laws like the Standards, Weights & Measures Act have been formulated to ensure fair competition in the market place and free flow of true information from the providers of goods and services to those who consume them. However, the success of these laws would depend upon the vigilance of consumers about their rights, as well as their responsibilities. In fact, the level of consumer protection in a country is considered as the correct indicator of the extent of progress of the nation.

A complaint for infringement of consumer rights could be made under the following circumstances in the nearest designated consumer court:

The goods or services bought by a person or agreed to be bought by a person suffer from one or more deficiencies or defects in any respect.

A trader or a service provider resorting to restrictive or unfair trade practices.

A trader or a service provider charging a price in excess of the price displayed on the goods or the price that had been agreed upon between the parties or the price that had been stipulated under any law in force.

Goods or services that pose a hazard to the safety and life of a person offered for sale, knowingly or unknowingly, causing injury to health, safety or life.

The consumer has to be aware of his rights and play a key role. The success of "consumerism" is a strong function of consumer awareness and the assistance the movement gets from the government. The consumer movement got a boost and moral support from the late U.S. President John F. Kennedy in the historic declaration in Congress on March 15, 1962, declaring four basic consumer rights (choice, information, safety and the right to be heard). Subsequently, March 15 every year is celebrated as World Consumer Rights Day. However this annual ritual observation does not appear to have produced the desired results. A sub-continent like India with regional imbalances and diversity of languages, requires not one but several Ralph Nadars. A recent survey has revealed that a number of consumers in the urban as well as rural areas are not very much aware of the consumer movement and the rights of the consumers. It is in this context that it is considered relevant to quote the objectives adopted by the General Assembly of United Nations in 1985.

India’s Global ReputationLaws, rules, regulations and orders (for which India has unparalleled distinction in the Guinness book of records) alone do not protect consumers, but it is the rights’ movement of people which produce results in a democracy..

One of the greatest achievements of the Indian consumer movement is the enactment of the dynamic consumer law: COPRA. Coming 39 years after Independence, it has acknowledged the rampant consumer abuses, including those of the government owned public utilities like telephones, transport, power etc. These utilities, in the first place, were created as state monopolies ostensibly to protect consumers! 

Critics of COPRA rightly conclude that it can’t do anything about rising prices, but it has succeeded in bringing about fair play in the supply of goods and services available in the market place, giving substance to the adage: Customer is King. Also, COPRA has encouraged active consumer bodies to demand, and perhaps see in the near future, independent Public Utility Regulatory Commissions to debate costing, pricing and promote competition. 

This confidence emanates from the empowerment of voluntary organisations in COPRA and other consumer laws. While right to information is enshrined in COPRA, addition of the enlarged Right to Know in the fundamental rights chapter of the Indian Constitution would only result in meaningful empowerment - no more tight rope walking, but total glasnost.

In fact the Central Consumer Protection Council has recommended to the Government to enact a Freedom of Information Act on the pattern of a similar law in the US. Another major achievement of the Indian consumer movement in the context of the world scenario, was to get the government in 1989, to adopt 15 March, the World Consumer Rights Day, as the National Consumers’ Day. Unlike the Labour Day on 1 May, which has roots in the US, the Consumer Rights Day, which also has roots in the US, is not even observed there. 

Today India is the only country in the world, which has exclusive courts for consumer redressal. At the IOCU’s 13th World Congress held in Hong Kong during 7-13 July 1991 it came in for praise and developed countries were called upon to emulate. In the same year, these developments

inspired Jim Sugarman, a noted US consumer activist and a close associate of Ralph Nader, to candidly observe: “India is getting a global reputation for the rapid development of its consumer movement.”

BUREAUCRAT’S REVENGECOPRA, which was amended by an ordinance in June 1993, is a mixture of sad and happy tidings. And tragic because of one surprise which our bureaucrats sprung onto the bill, a matter which was not even discussed in the high power working group of the Central Consumer Protection Council.

The law then proposed a limitation of one year to file complaints, where none existed. An utter nonsense, which goes beyond the principles of our well established Limitations Act of 1963, wherein courts cannot be approached after the expiry of three years of the last cause of action.

Since there was no limitation period prescribed under COPRA, in one matter, the apex consumer court, the National Commission had pronounced that the principles of the Limitations Act do not apply but can be relied upon, though not religiously.

This proposal would not only have put consumers at a terrible disadvantage but also annoy them badly. Most warranties and guarantees on goods expire in one year, and manufacturers often drag on many consumers during this period by attending to complaints, instead of setting it right or replacing or refunding the price of the defective goods. They will thus be deprived of the easy redressal avenue by this one-year ‘deadline’.

Consumers will be angry because the rule on the time limit of 90/150 days provided in COPRA for disposal of cases are practiced more in the breach, and cases drag on for years. Under this situation, expecting consumers to meet a deadline will be very irritating. Granted that delayed complaints can be entertained, but that would mean a set of lengthy arguments on just the admissibility of the case.

Fourthly, the law also enables consumers to file class action complaints, which incidentally always existed, but there can be no basis to determine the deadline in such matters. For instance, if the Motor Vehicles Act, 1988 provides for certain mandatory safety features which have been ignored by manufacturers; after research, we decide to file a complaint what would be the limitation period?

Due to these arguments and lobbing the time limit was revised to two years, when the ordinance was put on the table of the parliament.

BELYING EXPECTATIONSThe law belied the consumer affairs Minister, A K Antony’s note in the statement of objects and reasons, wherein he says the working of the redressal agencies has helped to arouse the expectations of the people on several other grounds as well.

Housing by way of plots or flats or houses has been covered under the definition of ‘services’ under COPRA. Rather than adopt the words: ‘real estate’, as defined under the MRTP Act, 1969 from which the whole definition clause of services was borrowed in the first instance, a new jargon: ‘housing construction’ is added. This would mean that the consumer courts will only entertain complaints relating to: flats, land, houses purchased or to be purchased.

In a beacon case involving a plot: Garima Shukla vs. UP Avas evam Vikas Nigam, the National Commission had held that the dispute is covered as a deficiency in the service of housing. The Supreme Court upheld the orders of the National Commission.

Among several other recommendations of the Central Council, another major one has also been diluted. In view of several protests by consumers, the council had agreed to recommend incorporation of an open, democratic and a transparent process of selection of the non-official members of consumer courts.

The recommendation was that a selection committee headed by the minister and consisting of the secretary in charge of the department, a nominee of the chief justice of the state high court and two consumer activists (one a woman) would be the right form. The bill now proposes a committee headed by the President of the state commission and the consumer affairs secretary and the state law secretary.

It is thus heavily loaded against transparency. I have seen many a president of the State Commission sitting in the chamber of the secretary, especially when s/he is a retired high court judge. By and large the secretary has to follow the minister’s orders, therefore the transparency sought in the selection process will be doubtful. Presence of two activists would have perhaps changed the odds.

However the president of the State Commission can only be appointed after consultation with the Chief Justice of the concerned high court, but those who know, consultation does not mean consent or concurrence. On several occasions, in spite of opposition, people have been appointed, after the so-called consultation.

THE BROOM STICKThe Council had made several other vital recommendations after long deliberations and critical debates, but they have been given the broomstick. These were:

1. Consumer rights were to be put in a separate chapter so that violations of the same could be an additional ground, if not the basis of a complaint. These will now continue as decorations in COPRA, for the central council to ‘talk, about - only once in a year, as against twice as recommended’.

2. Services rendered by public health care system and civic bodies were to be covered, as they are not charities but are run from the taxpayer money. So that consumer could get value for money and these white elephants are brought to heel. The union health ministry prevailed.

3. Lawyers were to be debarred except when the complainant had engaged one, or with his consent or if the consumer court directed the parties to engage lawyers, when questions of law were involved. This was recommended because lawyers often delay the settlement of cases by court craft etc.  Apparently the belligerent lawyers lobby proved stronger.

4. Writ jurisdiction of high courts has to be excluded by bringing COPRA under Article 323B of the constitution as their interference, particularly the Calcutta High Court, delays the proceedings especially when an hierarchy of appeals is provided under COPRA where the Supreme Court is the ultimate arbiter.

5. Empowering Consumer Courts by giving them the authority to order cease and desist, or interim injunction or take suo motu action (of its own accord and on its own information) like the MRTP Commission, so as to meet the ends of justice have not been incorporated. For, bureaucrats felt that it would give unbridled power to over 450 district fora and 30 state commissions and that would have created havoc.

Some might remember the case of ITC LTD’s Wills brand being injuncted by a Gangtok district judge, which cost ITC a large sum of money to get it vacated from the Supreme Court under its extraordinary jurisdiction. This type of case is a freak but without such power our consumer courts will be hamstrung in protecting the consumers interest, as it were.

Section 1(4) of COPRA says this Act will apply to all goods and services, therefore under the definition of services, where illustrations are given, it was understood that it was an all inclusive definition and exclusions had to be specified.

To correct the anomaly, especially in view of the hectic lobbying by the medical fraternity and other professional groups, it was proposed to put a semi-colon, and add, “not limited to” before the illustrations. But this has also not been inserted in the amendment bill.

RECALLING UNSAFE GOODSSo much so for the bureaucratic revenge and/or sabotage. However there are many welcome steps, though confused as well, which will take the consumer movement considerably forward. These are:

Enhancement in the scope of relief under COPRA to stop the sale of and/or order withdrawing the marketing of hazardous goods. This will entitle consumers and consumer groups to challenge harmful goods, provided a law says so, like the BVO case when this toxic chemical was banned but continued to be used in soft drinks like Limca, Gold Spot etc.

But the clause does not empower consumers to challenge hazards in services. For instance the Electricity Act provides for certain safety measures to be adopted by the suppliers, but consumers may not be able to challenge it.

This is more so surprising when in all the consumer rights in COPRA ‘services’ have been added along with ‘goods’, and under the relief section power has also been given to consumer courts to remove defects and deficiencies in services.

A major beneficial change has been added to cover agreements for purchase, as against the earlier provision for only goods or services actually purchased. This would cover disputes relating to booking of flats, cars, scooters and similar contracts, where delivery has not been made. 

Restrictive trade practices have been added, also enabling the courts to stop these, as well as unfair trade practices. This means that there would be a mini-MRTP Commission in every district.

Monetary jurisdiction of a district forum has been raised to Rs 5 lakh, while that of a state commission to Rs 20 lakh. Beyond this, the National Commission. Age limit of the members of the state commissions has been fixed at 67, while that of the national commission at 70. No mention of the age limits of members of the district forums.

Complaints against goods purchased for commercial purpose will ordinarily not be adjudicable under COPRA save and except where such goods in dispute have been purchased by a self-employed businessperson like a taxi owner-driver.

Costs would be awardable to consumers or their organisations that win cases. Simultaneously consumers who file frivolous or vexatious complaints could be penalised with a fine of upto Rs 10,000. And if they don’t pay up, they could face a worse fate of paying a further fine of upto Rs 10,000 and/or undergo imprisonment of upto three years like other offenders.

Following the Supreme Court order, in the Common Cause Vs Union of India case, administrative control of district fora will now be under the state commissions, who will in turn report to the National Commission. A proper reporting system and procedures will also be incorporated.

In the coming years, every consumer in his own interest has to realize his role and importance in the right perspective. Each citizen in a democracy derives his power at the time of elections and

exercises it through the ballot. In a competitive economic environment the consumer has to exercise his choice either in favour of or against the goods and services. His choice is going to be vital and final. He should realize his importance and prepare himself to exercise his rights with responsibility. It is very often stated "Customer is sovereign and consumer is the King." If that is really so, why do we have the Consumer Protection Act? Why is there a need for protecting the King? Should it not be rightly called "Consumer Sovereignty Act"? It is for the consumers to decide. After all the dictum in democracy is, the citizens get a government they deserve. Similarly the consumers in society get a position in the market depending upon what they do or do not do. It is agreed on all hands that "consumer empowerment" in India has a long way to go. This is the right time to act. Let us prepare for the next millennium and usher in a new era of "Consumerism".

Consumer CourtsConsumer Protection Act, 1986 provides three tier Courts for the adjudication of Consumer Disputes. The lowest level courts are constituted at District level which is called District Courts. Above them State level Consumer Courts are constituted which are called State Commission and on National level there is National Commission

Establishment of Consumer Disputes Redressal Agencies.

There shall be established for the purposes of this Act, the following agencies, namely:-

Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification:

1. Provided that the State Government may, if it deems fit, establish more than one District Forum in a district.

2. Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State by notification; and

3. National Consumer Disputes Redressal Commission established by the Central Government by notification.

Category Description DCDRF SCDRC NCDRC Supreme court

Amount The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises

<Rs. 20 Lakhs >Rs. 20 Lakhs and <Rs. 1 Crore

>Rs. 1 Crore

Where can the complaint be filled

- The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain-The case can also be filed in the city / state where the cause of action has occurred.

Appeals against the orders of any District Forum within the State

Appeals against the orders of any State Commission

Appeal -Appeal is a legal instrumentality whereby a person not satisfied with the findings of a court

Aggrieved by order made by DCDRF

Aggrieved by order made by SCDRC

Aggrieved by order made by NCDRC

has an option to go to a higher court to present his case and seek justice. -An appeal against order can be made within a period of thirty days from the date of the order

Relief Available to ConsumerDepending on the facts and circumstances, the Redressal Forums may give order for one or more of the following relief:

Removal of defects from the goods,

Replacement of the goods;

Refund of the price paid;

Award of compensation for the loss or injury suffered;

Removal of defects or deficiencies in the services;

Discontinuance of unfair trade practices or restrictive trade practices or direction not

to repeat them;

Withdrawal of the hazardous goods from being offered to sale; or

Award for adequate costs to parties

Consumer Guidance Society Of India (CGSI)Since Independence, India has been striving to develop and strengthen its industrial base. In this pursuit of "self-sufficiency", however, the consumer has been made to endure sub-standard products and services: adulterated foods, short weights and measure, spurious and hazardous drugs, exorbitant prices, endemic shortages leading to black marketing and profiteering, unfulfilled manufacture guarantees, and a host of other ills. In one infamous case, forty persons were struck with dropsy and glaucoma after consuming groundnut oil adulterated with toxic argimon oil. The culprits were never brought to justice. This outrage energised nine ladies to organize a movement to fight for consumer rights. They formed the Consumer Guidance Society of India (CGSI) to resist consumer exploitation of all forms.

Following are some of the landmarks achieved by CGSI:

CGSI is the earliest consumer organisation in India, founded in 1966.

CGSI was the first to demand a Consumer Protection Act with Consumer Courts to implement it. This become a reality in 1986.

To date, 70% of the thousands of complaints referred to CGSI have been redressed.

CGSI established formal Product Testing in India.

CGSI was the first to publish a monthly magazine "Keemat" carrying information of importance to consumer.

CGSI promotes consumer education; initiates training projects in rural areas; Promotes publicity drives; represents consumer interests with Government and other bodies.

CGSI received the National Award for consumer Protection in 1991.

CGSI is the only Indian consumer organization to be a council member of Consumer International for 25 years.

CGSI is a member of the Maharashtra State Consumer Protection Council.

CGSI participates in a large number of technical committees and government decision-making bodies.

Activities of CGSI

Legal Framework

CGSI was the first consumer organisation to demand special Consumer Court for redressal of consumers' complaints. In 1975, CGSI led a delegation of five consumer organisations from different parts of India to the then Minister for food and Civil Supplies, Mr.T.A. Pai, to press for a comprehensive Consumer Protection Act, Special Consumer Court and a Directorate for implementation of the Act. The first two have now become a reality.

Complaint Redressal

CGSI handles consumer complaints and offers legal guidance to those wishing to file suits in the Consumer Court. In case where there are a number of complaint against a particular party, both sides are brought together to resolve the issue. The CGSI'S Complaints Committee meets twice a week. Many thousands of grievances have been handled over the years, with 70% success in favour of the complaints cover medical/surgical malpractice and negligence; insurance non-payment; sub-standard drugs and medicines; home remedies; defective household appliances;

poor quality foods and drinks; misleading advertising claims; and grievances concerning investments, real estate, insurance, telephones, electricity supply, etc.

Product Testing

As early as 1977, CGSI established the facility of product testing. It first assessed the safety and performance of domestic pressure stoves and found that two-third of the samples tested failed in safety Parameters. CGSI sent the results to the government and Indian Standards Institution (ISI) with a demand for mandatory certification. In 1986, the Pressure Stoves Quality Control Order was passed. later, ISI Certification for pressure stoves became mandatory. Subsequently tests were carried out on electrical appliances and fittings - irons, immersion heaters, This culminated in the enactment of the Household Electrical Appliances (Quality Control) Order. A food adulteration testing kit has been developed for use by the lay consumer. Many other products were tested and reports published in the Society's monthly Journal, "Keemat": edible oils, powdered spices, 'surma', geysers, clinical thermometers, plastic water bottles, rubber teats, milk, mineral water, bread, soft drinks, bath soaps and toothpaste.

Consumer Education For Schools/Colleges

CGSI's Education Committee members had been working with other likeminded educationists to formally introduce Consumer Education in the school curriculum. After nearly two years of meetings and discussions, our efforts were fruitful. In 1994, the Maharashtra Education Board introduced Consumer Education at the 9th Standard Level, progressively covering students from the 4th Standard upwards. The subject taught are the Consumer Moment, Rights & Responsibilities of Consumers, the Consumer in the Market Place, Food Adulteration, Weights and Measures, the Environment, etc. This topics included under existing subjects like Civics, Economics and Home science, are project-based and more practical in nature then theoretical or examination-oriented.

Consumer Education For Rural Consumers

CGSI started a rural project in the villages of Thane and Raigad districts (Maharashtra) in 1997, with a staff of six and funding from Actionaid. Consumer training was given to people in 112 villages by 1999. Over 32,300 people have received Consumer Education through 750 talks and demonstrations in the 2 years of the project, 107 training programmes were organised and 5,767 potential activists have been given special training in Consumer Activision. Three local Consumer groups have been setup in different areas by the Consumers themselves, and these are now actively organising exhibitions, holding talks and redressing complaints. more are expected to come up soon.

Publications

"Keemat" is now in its 32th year of publications, the first Consumer magazine in India to be published regularly every month. CGSI has also produced Consumer Guides on subject like Electrical Appliances, Edible Oils, Pesticides, Food, Adulteration, Safety At Home, Safe Blood, etc.

Pedestrian Wing

To secure basic rights of pedestrians to walk in safety, constituting as they do the single largest segment of the traffic stream in our country, CGSI launched The Pedestrian Wing on 3rd June 1999 at a public meeting held at the Society's premises. The decision came as a logical follow-up of the Hon'ble Mumbai High Court order delivered in 1998 on CGSI's writ petition filed earlier. To the best of our knowledge, CGSI is the first NGO in this country to start a Forum for the pedestrians.

The objectives of Pedestrian Wing are as follows:

1. To create public awareness about the rights and responsibilities of Pedestrians and fight for their due rights.

2. To spread awareness about the importance of walking as a mode of transport and facilitate its use for short distance transportation.

3. To facilitate and promote availability of user-friendly Public Transport and encourage it's use by the public.

4. To do all that is necessary to secure the availability of use at least 90% of the time proper smooth, level and properly constructed pavements, free of encroachments, wherever needed.

5. To propagate and secure road infrastructure related to pavements such as

hand railings along the pavements

properly marked and painted pedestrian crossings fitted with electronic signals

traffic islands

road dividers

proper parking spaces

6. To fight for proper, orderly and safe Traffic Management and conduct/handling of all related matters conducive to minimum vehicular pollution.

7. To network and co-operate with all Government, Municipal and like minded NGOs, Citizen groups working or engaged in transportation fields towards achieving the above objectives.

The Pedestrian Wing seeks to promote walking as an ideal mode of short distance transportation considering it's many beneficial effects. As a corollary to this, Pedestrian Wing actively encourages and supports citizens in their bid to secure for themselves all the facilities necessary for their safety to enjoy this fundamental right. Pedestrian Wing has already many active members spread out all over Mumbai including suburbs.

Pedestrian Wing activities include regular and continuous interaction with MCGM, Traffic Police, Transport Commissioner and RTOs at all levels i.e. from HQ to Ward level for redressal of grievances of pedestrians and improvement in facilities. CGSI - Pedestrian Wing is a special invitee to MCGM Inter-Utility Apex Committee meeting/ Zonal level meetings, Traffic Advisory Committee of Traffic Police of Mumbai and co-ordination committee of RTA. Pedestrian Wing also works closely with like-minded NGOs in the field such as WORSPA, AGNI, Citispace, NeTrA, WIAA, PATRA, LPA etc. besides keeping in close touch with the Pedestrian Association of U.K.

Pedestrian Wing holds a ' Open House ' on 1st Friday of every month at 5 PM at CGSI office when anyone, whether member or not, desirous of seeking redressal of his pedestrian/ traffic grievance or making a suggestion for improvement in pedestrian facilities is welcome to attend.

Forum

Purpose and Procedure for Consumer Complaints

Consumer who complain allow themselves to be brainwashed into believing that they are trouble-makers. Manufactures and retailers Fob off dissatisfied consumers with a bland:"We have had no complaints." Consumer must not hesitate to complain about adulteration, sub-standard drugs and cosmetics, shoddy product quality, unsatisfactory after-sales service, etc. Indian consumers are

fortunate to be covered by the Consumer Protection Act 1986, Special Consumer Courts and a Directorate to implement the Act. There is also the Package Commodities Act which insists that weights, price, date of manufacture and ingredients are marked on all packages. This Act, as well as "Agmark" and the "ISI" mark, can be of substantial assistance in the fight for consumer's rights. Vigilant consumerism can put teeth into their Function.

Procedure for Consumer complaints

1. Be sure the complaint is sound.

2. Present it politely: this elicits co-operation.

3. Preserve cash memos and warranty card.

4. With these, first approach the retailer. He may have a valid explanation.

5. If he is unresponsive, write to the manufacturer, quoting No. and date of cash Memo, No.and date of Cash Memo No. and date of Warranty card.

6. Retain all originals. Keep copies of your letters.

7. In case of suspected Food and drug adulteration, write to the State health authority. Retain samples where possible.

8. If products with ISI/AGMark certification perform poorly, write to the respective agency. ISI certification guarantees replacement.

9. If there is no response, write to the Consumer Guidance Society of India, Block 'j' Mahapalika Marg, Mumbai 400 001,or any other consumer society you know of.

10. Don't give up if your complaint is valid. Stand your ground.

If a consumer organisation is unable to get your complaint redressed, you may complain to your District Consumer Disputes Redressal Forum if your compensation claim is below Rs.5 Lakhs;to the State Consumer Disputes Redressal Commission if your claim is between Rs.5 Lakhs and Rs.20 Lakhs. If your claim exceeds this amount you will have to refer your complaints to the National Consumer Disputes Redressal Commission at New Delhi.

Steps to Securing ResultsYour complaint should cover the following:

1. Name and address of the complainant in full.

2. Name and address of the opposite Parties.

3. Time, place and cause of the complaint.

4. Particulars in detail, along with supporting document as exhibits in Marathi, Hindi or English. If the opposite company's office is in another State, make the complaint in English. The complaint may be posted. Post cards are inadvisable. Three copies of the complaint together with all the annexure for the Forum, and extra sets for each of the opponents should be filed.

5. Relief claimed by you should be in clear words: replacement/removal of defect or return of price, compensation for expenses incurred as well as physical/mental torture, if any. The claim amount should be within reasonable Limits and Justifiable.

Where To Complain For Guidance And HelpComplaints of a representative nature may be filed by registered consumer organisations like Consumer Guidance Society of India. For such enquiries, you may seek guidance from:

1. The Complaints Committee     Consumer Guidance Society of India    Block J, Mahapalika marg    opp. Cama Hospital    Mumbai 400 001    Tel.No: 2262 1612     Fax No: 2265 97152. Council for Fair Business Practices     Great Western Building     130/132 Shaheed Bhagatsingh Road     opp. Lion Gate, Mumbai 400 039    Tel.No: 2284 4783 3. Mumbai Grahak Panchayat Grahak Bhavan,     Sant Dnyaneshwar Marg     Juhu Vile Parle,J.V.P.D Scheme     near Cooper Hospital     Mumbai 400 056     Tel.No: 2620 9319/2623 8124HOW AND WHERE TO COMPLAIN FOR GUIDANCE AND HELP

Consumer Disputes Redressal Forums are established at each District Leveland State Commissions at Each State Capital

CONSUMER GUIDANCE SOCIETY OF INDIA,"J" Block, Mahapalika Marg,opp. Cama Hospital,mumbai 400 001 TEL.NO. 2262 1612  

BUSINESS RELATED MATTERS

Council For fair Business Practices,Great Western Bldg,130/132 Shaheed Bhagatsingh Roadopp.Lion Gate Mumbai 400 039Tel.No. 2284 4783/2288 5249BANKING COMPLAINTSDept. of Banking Operationsand DevlopmentReserve Bank of IndiaThe ArcadeWord Trade CentreCuff ParadeMumbai 400 005

Banking Ombudsman(Maharashtra & Goa)c/o. Reserve Bank of IndiaGarment House,Gr.FloorDr. A.B.Road,WorliMumbai 400 018Tel: 2492 4607/2496 0893

PUBLIC VEHICLE COMPLAINTS

Additional Commissioner ofPolice (Traffic)Traffic Control BranchPochkhanawala RoadWorli, Mumbai 400 025

Regional Transport Officer (RTO)Bombay Central Bodyguards LinesTulsiwadi,Mumbai 400 034

M.R.P. WEIGHTS & MEASURES COMPLAINTS

Department of Legal Metrology Weights & Measures,

Govt.ofIndia Govt. Barracks No.7 Free Press Journal Marg Mumbai 400 021 Tel: 2202 3354, 2204 4952 Thane: 2540 7332 Vashi: 2757 4074

CENTRAL RAILWAY

For General Complaints apporach Director of Public Grievances,Zonal Office or Divisional Office in respective area. For refund pilferage contect Chief Claims Officer,CST MumbaiLPG SUPPLYLPG complaints against Dealers, Contact Principal CompanyCustomer Relation Centre (upto Malad & Mulund)Officer in-chargeCustomer Relation CenterBharat Petroleum Co.LtdTagore Nagar,Vikhroli (e)Mumbai 400 083Tel: 2574 8628Kandivli,Borivli,Dahisar,Thane & Raigad Districts

Officer in-chargeCustomer Relation CenterBharat Petroleum Co.Ltd 4th Floor,Old Admn. Bldg MahulChembur 400 074Tel: 2554 3125 Extn. 24414/2554 0807

Officer in-chargeCustomer Relation CenterBharat Petroleum Co.LtdP.O.Box No.8Uran 400 702 (Dist.Raigad)Tel: 2722 2418 Fax: 2722 2420

Hindustan Petroleum Co.LtdRichardson Cruddas Buildingnear J.J.Hospital,J.J.Road,BycullaMumbai 400 008Tel: 2371 94612/2371 9636

RATIONING COMPLAINTSController of RationingRoyal Insurance BldgJ.Tata Road,ChurchgateMumbai 400 020

FOR HELPRationing Kruti Samiti Rajashree Bldg,2nd floor Acharya Road,Nr.Post OfficeChembur (w) Mumbai 400 071Tel: 2555 2499

FOOD,COSMETICS & DRUG COMPLAINTS

Food & Drugs AdministrationSurvey No.341 Bandra Kurla ComplexBandra (E) Mumbai 400 051Tel.No: 2642 2361/65Thane: Tel.No: 2531 1988POSTAL COMPLAINTS IF NOT SOLVED BY LOCAL POST OFFICEThe Chief Post Master GeneralGeneral Post Office (GPO)Mumbai 400 001Visiting Hrs.-4 p.m & 5 p.m. every Wednesday.NON-BANKING FINANCE COMPANY (NBFC) DEPOSITSFor Maharashtra,Gujarat,Madhya Pradesh,Goa and Union Territories of Dadra Haveli,Daman & Diu.

Bench Office,Company Law Board,Western Region Bench, 2nd Floor,N.T.C. House 15th Narottam Morarje Marg,Ballard Estate, Mumbai 400 038(Apply in orescribed from No.4 in duplicate along with fee of Rs.50/- by Demand Draft/Pay Order in favour of "Pay & Account Officer, Dept. of Company Affairs,Company Law Board, at New Delhi/Calcutta/Mumbai/Chennai as per jurisdiction.)ELECTRICITY COMPLAINTSIF NOT SOLVED BY ELECTRICITY BOARD CONTACT:BEST Complaints:The Electrical InspectorDept of Industries Energy & Labour3rd floor, Motha market Bldg.Phaltan Road,Mumbai 400 001.Tel.No: 2267 6889

BEST Complaints:The Electrical InspectorDept of Industries Energy & LabourOpp.Bldg.No.B/62,Govt.Colony,Bandra (E) Mumbai 400 051.Tel.No: 2655 6141

MSEB Complaints:(Bhandup,Mulund,Thane & Navi Mumbai etc.)The Electrical InspectorDept. of Industries Division No.1Wagle Industrial EstateRoad No.11, Thane (West)

MSEB Complaint for Kalyan area:The Electrial Inspector,Dept. of Industries,Energy & LabourHari Niwas,near Threee Petrol PumpThane(west)

Approach Electrical Inspector's Office in writing after giving notice to office of respective Electricity Board. Electrical Inspector's Office is authorised to grant stay against disconnection of electricity supply.Consumer are advised to inform Zonal Office of Electricity Board ofrespective area in writing in advance,in the event of premises remaining closed for a long period resulting in nil consumption of Electricity.

PROVIDENT FUND

Ministry of Personnal Public            OR               Consumer Forum Grievances & PensionsDept.of Pension & Pensioners Welfare3rd Floor,Lok Nayak BhavanKhan Market,New Delhi 110 003

as per jurisdictionfor legal remedy

GUIDELINES FOR FILING COMPLAINTSBEFORE THE CONSUMER DISPUTES REDRESSAL FORUMThe PresidentConsumer Disputes Redressal ForumAdditional Bombay DistrictAnna BhavanNear M.G. Hospital Off S.S. Rao Road, Parel, MUMBAI: 400 012

For claims upto Rs.5 lakhsand for city limit upto Tardeo

PHONE: 2417 1360, 2417 1332

The PresidentConsumer Disputes Redressal ForumBombay DistrictArun Chamber,6th FloorMUMBAI 400-034

For claims upto Rs.5 lakhsand for city limit upto Sion, Mahim

PHONE: 2493 7770

The PresidentConsumer Disputes Redressal ForumNew Administrative Bldg,3rd FloorNear Chetna CollegeBandra (e)Mumbai 400 051

For claims upto Rs.5 lakhsand for suburban LimitsPHONE: 2655 1625

The PresidentConsumer Disputes Redressal ForumRoom No.214, 2nd Floor Office of CollectorateThane (W) 400 601

For claims upto Rs.5 lakhs forThane DistrictPHONE: 2534 4069(Time: 11.00 a.m. to 2.00 p.m.)

The PresidentMaharashtra StateConsumer Disputes RedressalCommission 102 Old Administrative Staff Collegeopp.Capitol CinemaHazarimal Somani MargMumabi 400 001

For claims upto Rs.5 lakhsbut upto Rs. 20 LakhsPHONE:2207 2097

The PresidentNational Consumer DisputesRedressal CommissionA'Wing,5th Floor,Janpat BhavanNew Delhi 110 001 For claims above Rs.20 lakhs.

 Spurious/Counterfeit Drugs The World Health Organisation (WHO) could well say it told us so. India has the dubious distinction of being the world leader in counterfeit drug production, often with disastrous consequences. In order to curb the menace, the Central Government has constituted a committee to study the problem of spurious drugs. The following officers of Maharashtra FDA are identified as the nodal officers: Name of Officer Designation Telephone Number/s Office

B.A. Waghmare Asst. Commissioner (I.B.) 26592519-Direct 26592361-65 Extn.362G.K. Vakharia Drugs Inspector (I.B.) " Extn.366

N.M. Gandhi Drugs Inspector (I.B.) "

K.G. Gadewar Drugs Inspector (I.B.) "

Gross NegligenceRelationship between consumer and Services in the “Consumer Protection Act “

For the purpose of "services", a "consumer" means a person belonging to the following categories:

I. One 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

II. It 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.

This can be explained you with the help of examples:

Example 1: Medical

The NCDRC’s claim of medical professionals argues that the doctor-patient relationship is similar to master – servant relationship, which is a contract of personal service that should be exempted from CPA. The NCDRC’s order decreed that the doctor – patient relationship is a contract for personal service and it is not master – servant relationship. It is also said that the doctor is an independent contractor and the doctor, like the servant, is hired to perform a specific task. However, the master or principal (the hirer) is allowed to direct only what is to be done, and done, and when. The ‘how’ is left up to the specific discretion of the independent contractor (doctor). So, the doctor-patient relationship is a contract for personal service and as such, cannot be excluded from CPA.

Example 2: Mutual Funds:

With the economic downturn hitting many mutual fund schemes, many funds may be tempted to water down the attractive offers made to consumers at the time of collecting money. Consumer Courts however, will not allow such a turnaround.

This principle was laid down in the Trustees vs. Mr. Robert Cyril D'Souza and another in a recent order of the National Consumer Dispute Redressal Commission.

D’Souza had purchased 12,000 units of Rs10 each of Canara Bank Mutual Fund's Cantriple Scheme wherein it was announced that all those who invested in the scheme would be rewarded with 300% returns after eight years. On maturity, D’Souza submitted his units for redemption. Instead of getting Rs4,80,000 as promised, he received a cheque of Rs2,15,640 from the bank. Repeated pleas brought no relief and he filed a complaint in the local District Consumer Dispute Redressal Forum.

The Forum passed an order directing Canara Bank to pay Rs38,450 with interest thereon at the rate of 14.9% till the date of payment, plus costs of Rs6,000.

Not satisfied with this order, the bank moved the state commission in appeal, but it was dismissed as without merit.

The bank then approached the national commission for relief.

Going carefully through the material on record, the national commission noted that the bank had stated in its ‘objectives’ printed prominently in the scheme that it was meant to triple the investment of the consumer.

It further stated that the condition in the printed document after the statement of objectives could not overrule the main objective.

The commission further chided the bank for not bringing any publicity material on record to show that due publicity as claimed was given to the change in the scheme at the relevant time.

Holding that it was unbecoming of a bank to change the terms without notice and acceptance by the consumer, the national commission dismissed the revision application of the bank, observing that since the consumer had not approached it in appeal, it appeared that he was satisfied with the order of the lower courts.

Example 3: Gaining from dropped calls

According to sources in the Telecom Regulatory Authority of India (TRAI), an alarming jump in ‘dropped calls’ by mobile subscribers has led two mobile service providers to gain Rs900 crore and Rs800 crore respectively. This undue gain has gone unnoticed by the public and authorities because consumers are unaware of the implications of dropped calls and the authorities find themselves powerless in the absence of rules to rein in the recalcitrant service providers.

A ‘dropped call’ is one in which the caller or receiver suddenly go offline in the middle of a call. The causes for this phenomenon are failure at the transmission tower of the service provider or excessive congestion on the tower. People who travel from one place to another often experience dropped calls because the seamless transfer of the call from one tower to another is hampered because of congestion.

Dropped calls can now be very accurately measured by scientific methods available all over the world and installed by some of the more conscientious mobile service providers in India.

It is only by the use of this technology that TRAI has been able to gauge the extent of dropped calls which is as high as 9% to 11% for the two erring providers mentioned above. This undue gain of the cell operators at the cost of the average consumer has the making of a scam, which is worth delving deeper into.

It is significant to note that call rates are in pulses of one minute in India and a call which is dropped either in the first minute itself (which is very common) or in the midst of a conversation, results in a fresh call being made, starting a fresh billing cycle. It has been worked out that in such circumstances, most subscribers will end up paying for an additional minute.

There is thus no alternative for TRAI but to come down heavily on such mischief which heavily benefits the mobile service companies. The service providers must be mandated to install the device which tracks call drops and these must be reported to TRAI. Heavy penalties must be levied on companies whose call drop rate exceeds, say 2% (it is internationally accepted that in certain circumstances a call drop may occur for unknown reasons).

Consumers must have a column in their bills mentioning the number of calls dropped in a billing cycle and in case this exceeds a certain norm, be entitled to a refund which is twice the call rate as per their respective plans.

Lastly, any excess amount arising from such undue billing should be credited to a Consumer Welfare Fund under the TRAI. Another solution is that TRAI insists for call rates to be offered in seconds rather than in minutes. Call drops will still continue to irritate, but at least nobody will enrich himself at the expense of the consumer.

Governance of Consumer Protection Law in other countries

1. Germany

A minister of the federal cabinet is responsible for consumer rights and protection. When issuing public warnings about products and services, the issuing authority has to take into account that this affects the supplier's constitutionally protected economic liberty.

2. Republic of China (Taiwan)

Consumer Protection Law in the Republic of China (Taiwan) is the national special law which specifically protects the interests and safety of end-user using the products or services provided by business operators. Consumer Protection Commission of Executive Yuan serves as an ombudsman supervising, coordinating, reporting any unsafe products/services and periodically reviewing the legislation.

3. United Kingdom

The United Kingdom, as member state of the European Union, is bound by the consumer protection directives of the EU. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter judicially treated as tort, contract, restitution or even criminal law. Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading will then investigates, impose an injunction or take the matter to litigation. The Office of Fair Trading also acts as the UK's official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by Trading Standards departments. General consumer advice can be obtained from Consumer Direct or via a local branch of the Citizen's Advice Bureau.

4. Australia

The corresponding agency is the Australian Competition and Consumer Commission or the individual State Consumer Affairs agencies. The Australian Securities and Investments Commission have responsibility for consumer protection regulation of financial services and products.

5. New Zealand

The corresponding agency is the Ministry of Consumer Affairs and the New Zealand Commerce Commission.

6. United States

In the United States a variety of laws at both the federal or state levels regulate consumer affairs. Federal consumer protection laws are mainly enforced by the Federal Trade Commission and the U.S. Department of Justice. At the state level, many states have a Department of Consumer Affairs devoted to regulating certain industries and protecting consumers who use goods and services from those industries.

History of the consumer movement in the world

Consumer rights take hold: The first ever international conference of leaders from consumer organizations took place in The Hague on March 1960. Five of the 17 organizations present signed papers to create the International Organization of Consumers Unions (IOCU). The global consumer movement was born.

Consumer boom: The increasing number of consumer goods on offer was accompanied by rising wages across Europe and North America. Consumer organizations sprang up to analyze the products, provide independent advice, and to challenge rogue traders.

Testing: The following years saw a steady expansion in testing collaboration among these new organizations and a widening of focus for IOCU. Newly formed groups were invited to join from across the world and IOCU's first global newsletter was launched.

The developing world: Meanwhile at the biennial conferences that IOCU organized, leaders spoke of a wider consumer agenda, and particularly the need to address poverty, access to basic goods and services, and the challenges faced by consumers in developing countries.

Regional offices: In the early 1970s, a regional office was created in Asia. Its advisory committee came from India, Singapore, Malaysia, Fiji and the Philippines, a very different stakeholder group from the founders of IOCU itself.

Issue-based networks: Anwar Fazal, head of the Asia Pacific Office, took IOCU into new ways of campaigning and advocacy. He targeted transnational corporations with specific campaigns, and played a leading role in setting up issue-based networks with partners from outside the consumer movement, including the International Baby Food Action Network (IBFAN). These networks were early pioneers of a new method of campaigning for NGOs, which brought together disparate groups on a particular issue for a particular purpose. IOCU's role in the networks made it one of the early leaders of the international NGO community.

UN Guidelines on Consumer Protection: These methods and activities brought results. Among them, the seminal international document of the consumer movement - the United Nations Guidelines on Consumer Protection - was adopted by the UN in 1985 after 10 years of campaigning. This gave important legitimacy to the principles of consumer rights and practical support for developing national consumer protection legislation.

The need for a global consumer voice: IOCU published a Latin American newsletter through its member organization in Mexico from 1981 and eventually opened a regional office in Uruguay in 1986. Work began in Africa in the late 1980s leading to the set up of a regional office in Zimbabwe in 1994.

Capacity building: Through the 1990s IOCU managed extensive capacity building programmes in all parts of the world, training both in methods (such as institutional management, research and fundraising) and on specific issues. Membership numbers increased to nearly 250 from around 115 countries. The consumer movement had indeed become global.

WTO: Advocacy began to focus on international trade negotiations, particularly those of the newly formed World Trade Organization (WTO). IOCU also increased its work at the International Organization for Standardization (ISO) and the Codex Alimentarius Commission (food standards) as international standards became the reference point for disputes about artificial barriers to trade. These developments in global governance made it increasingly difficult for individual countries to adopt national standards that were different from those agreed internationally.

IOCU becomes Consumers International: By the late 1990s, a much-altered organization was in place, a transition symbolized by a change of name from IOCU to Consumers International (CI) in 1995. Campaigning and member development was a particular priority in Central and Eastern Europe and in Africa. In the former, CI helped create a sustainable consumer presence very nearly from scratch in countries struggling first with democracy and transition to market economies, and then with the demands of preparations to join the EU. Many publications appeared in three languages. World Congresses were held for the first time in Latin America (Chile, 1997) and then Africa (South Africa, 2000). And CI's Presidents came, successively, from Indonesia, Hong Kong, Australia, Brazil and Kenya.

Consumers International: The Global Voice for the ConsumersConsumers International (CI) is the world federation of consumer groups that, working together with its members, serves as the only independent and authoritative global voice for consumers.

With over 220 member organizations in 115 countries, CI is building a powerful international movement to help protect and empower consumers everywhere.

Founded in 1960, CI is fighting for a fair, safe and sustainable future for all consumers in a global marketplace increasingly dominated by international corporations.

CI’s vision CI is working to put the rights of consumers at the heart of decision-making. CI’s vision is a world where everyone has access to safe and sustainable goods and

services, and where the strength of our collective power is used for the good of consumers throughout the world.

CI’s principlesOn 15 March, 1962, US President John F. Kennedy delivered an historic address to the US Congress in which he outlined his vision of consumer rights. This was the first time any politician had formerly set out such principles.

Over time, the consumer movement has developed this vision into a set of eight basic consumer rights which now define and inspire much of the work CI and its members do:

1. The right to satisfaction of basic needs - To have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water and sanitation.

2. The right to safety - To be protected against products, production processes and services

which are hazardous to health or life.

3. The right to be informed - To be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labeling.

4. The right to choose - To be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality.

5. The right to be heard - To have consumer interests represented in the making and execution of government policy, and in the development of products and services.

6. The right to redress - To receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services.

7. The right to consumer education - To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.

8. The right to a healthy environment -To live and work in an environment which is non-threatening to the well-being of present and future generations.

Governance bodies of Consumers InternationalThe Consumers International (CI) governing bodies consist of the:

1. General Assembly 2. Council 3. Executive

General Assembly

The General Assembly consists of the Voting Delegates of the Full Members of CI and must take place at least once in any four-year period.

The General Assembly has the following duties to:

Elect a President, who is the Chairperson of the General Assembly, of the Council and of the Executive

Elect the Members of the Council to serve until the next meeting of the General Assembly

Establish the general policies that the Council and the Executive should act upon, and to make resolutions for these purposes

Approve or to withhold approval from the whole or any part of reports submitted on behalf of the Council

Amend CI's Memorandum or Articles of Association

Liquidate CI under the provisions of these Articles.

Council

The Council comprises of the President, 13 members directly elected by the General Assembly, and up to six other members co-opted by the elected members. All members serve four year terms. There are no limitations on re-election/re-appointment.

The Council has two principal tasks:

It has various specific duties as the Board of the organization (for example, in financial oversight and reporting, and in appointing the Director General).

It is also charged with establishing general policies - that is, setting strategic direction and priorities.

CI specifically separates the strategy-setting role of the Council from programme management and implementation, which are functions carried out by the Director General and staff.

Council members are not expected to participate in the day-to-day management of CI. However, they regularly take part in and contribute to CI programmes and campaigns, either as individual experts/representatives of their own organizations or as spokespersons for CI. The Council normally meets once in each calendar year.

The Executive

The CI Executive is a smaller body of eight members, who must meet at least twice a year and have decision-making roles delegated by the full Council.

CI Activities: CI campaigns on the international issues that matter to consumers everywhere.

This means achieving real changes in government policy and corporate behavior while raising awareness of consumer rights and responsibilities.

CI seeks to hold corporations to account and demands government action to put consumer concerns first.

CI is committed to acting as a global watchdog: campaigning against any behavior that threatens, ignores or abuses the principles of consumer protection.

Working with national member organizations to influence governments, highlight marketplace abuses and raise grass roots support.

Pressing consumer concerns through our official representation at global bodies such as the United Nations (UN), World Health Organization (WHO), International Organization of Standardization (ISO), and the Food and Agriculture Organization (FAO).

Raising awareness about purchasing choices through clear, engaging and accessible communication.

CI is also committed to advancing consumer rights by building better consumer organizations around the world.

CI’s strategic objectives for 2007–20111. Campaign effectively on key issues that matter to the world’s consumers and where CI

can be the lead voice.2. Act as a global watchdog on the behavior of international corporations.3. Build strong consumer organizations around the world that can campaign effectively for

consumers nationally and through CI globally.4. Be a strong, sustainable, global umbrella organization fit for CI’s Goals.

United Nations Guidelines for Consumer Protection2010 marks the 25th year of the adoption of the UN Guidelines for Consumer Protection. The draft UN guidelines were discussed at great length from the 1960s onwards before finally being adopted in 1985. After extensive work from CI, the guidelines were formally expanded in 1999 with Section G on sustainable consumption, and were re-adopted in the UN General Assembly decision 54/449. They provide a vital context and indeed legitimacy for CI's work. When governments are reluctant to allow such rights they can be reminded of their obligations as UN members.

The UN General Principles set out the legitimate needs of consumers as follows:

The protection of consumers from hazards to their health and safety

The promotion and protection of the economic interests of consumers

Consumer access to adequate information to enable making informed choices according to individual wishes and needs

Consumer education, including education on the environmental, social and economic impacts of consumer choice

The availability of effective consumer redress

Freedom to form consumer and other relevant groups or organizations and the opportunity for such organizations to present their views in decision-making processes affecting them

The promotion of sustainable consumption patterns (added in 1999)

Landmark CaseThe NCDRC’s order did not accept the claim of medical professionals who argued that the doctor-patient relationship is similar to master – servant relationship, which is a contract of personal service that should be exempted from CPA. But the NCDRC’s order decreed that the doctor – patient relationship is a contract for personal service and it is not master – servant relationship. It is also said that the doctor is an independent contractor and the doctor, like the servant, is hired to perform a specific task. However, the master or principal (the hirer) is allowed to direct only what is to be done, and done, and when. The ‘how’ is left up to the specific discretion of the independent contractor (doctor). So, the doctor-patient relationship is a contract for personal service and as such, cannot be excluded from CPA.

Highlights of the Supreme Court of India judgment inIndian Medical AssociationVsV.P. Shantha and Others

As a result of this judgment, medical profession has been brought under the Section 2(1) (o) of CPA, 1986 and also, it has included the following categories of doctors/hospitals under this Section:

1. All medical / dental practitioners doing independent medical / dental practice unless rendering only free service.

2. Private hospitals charging all patients.

3. All hospitals having free as well as paying patients and all the paying and free category patients receiving treatment in such hospitals.

4. Medical / dental practitioners and hospitals paid by an insurance firm for the treatment of a client or an employment for that of an employee.

It exempts only those hospitals and the medical / dental practitioners of such hospitals which offer free service to all patients.

Further, this judgment concedes that the summary procedure prescribed by the CPA would suit only glaring cases of negligence and in complaints involving complicated issues requiring recording of the evidence of experts, the complainant can be asked to approach the civil courts.

Also, this judgment says that the deficiency in service means only negligence in a medical negligence case and it would be determined under CPA by applying the same test as is applied in an action for damages for negligence in a civil court.

As a result of this judgment, virtually all private and government hospitals and the doctors employed by them and the independent medical / dental practitioners except primary health centers, birth control measures, anti malaria drive and other such welfare activities can be sued under the CPA.The maximum time limit for a claim to be filed under CPA is 2 years from the date of occurrence of the cause of action. There is no court fees to be paid to file a complaint in a Consumer Forum / Commission. Further, a complainant/opposite party can present his case on his own without the help of a lawyer.

As per the Consumer Protection Rules, 1987, a complaint filed in the Consumer Forum / Commission shall be adjudicated, within a period of 90 days from the date of notice by opposite party and within 150 days if it requires analysis or testing of commodities.

THE LEGAL AVENUES (other than CPA) AVAILABLE TO AGGRIEVED PATIENTS TO SUE AGAINST HEALTH PROFESSIONALS.

1. Medical Council of India and Dental Council of India.

2. Civil Courts.

3. MRTP (Monopolies and Restrictive Trade Practices Commission)

4. Public Interest Litigation.

5. Sections of Indian Penal Code, 1860

Regulation of The Practice of Medicine

Indian Medical Council Act,1956

Regulates the profession of Allopathic medicine by constituting Medical Council of India (MCI) and the State Medical Councils.

Authorizes the Medical Council of India (MCI) to recognize the medical qualifications granted by any Authority or Institution of India or other countries.

Authorized the MCI to maintain a register of medical practitioners to be known as the Indian Medical register, which consists of the entries of all the State Registers of medical practitioners.

Empowers the State Medical Councils to punish persons who falsely claim to be registered or misuse titles and when medicine is practiced by unregistered persons, with fine or imprisonment or both.

Authorizes the MCI to prescribe standards of professional conduct and etiquette or Code of Ethics for medical practitioners. The violations of these standards constituteinfamous conduct (professional misconduct).

State Medical Councils are empowered to take disciplinary action when prescribed standards of professionals conduct and etiquette or Code of Ethics are not observed by the doctors and violations of which constitute professional misconduct / Infamous conduct.

Under the following circumstances, a doctor can betemporarily or permanently debarredfrom practicing medicine.

Improper or indecent conduct towards the patient Conviction in a Court of Law Failure or dereliction of duty in giving professional certificates, reports and other documents Contravening the Drugs and Cosmetics Act, 1940 Selling scheduled poison Performing or abetting an illegal operation Receiving or giving commission or using touts Employing unqualified persons Associations with (drug) manufacturing firms Advertisements Running shops (dispensing chemists) etc.

Failure to give professional service for certain things on religious grounds.An aggrieved patient can complain to the State Councils about a registered medical practitioner about an alleged wrong committed by him. The Council initiates proper hearing where the concerned doctor is given adequate opportunities to represent his side. If it arrives at the conclusion that the doctor has indeed committed an act, which involves an abuse of professional position that might reasonably by regarded as disgraceful or dishonourable by professional men of good repute and competence, the doctor is either given a warning notice or temporarily or permanently debars him for practicing medicine. The Council does not have any statutory powers to award any compensation to the aggrieved patient or legal heirs.

The Indian Medical Council Act, 1956 also provides certain privileges to all the registered medical practitioners.

Rights and Privileges of Registered Medical Practitioners Conferred by the Indian Medical Council Act, 1956. Right to choose a patient Right to add title, descriptions of the academic qualifications to the name Right to practice medicine Right to dispense medicines Right to possess and supply dangerous drugs to the patients Right to recovery of fees Right for appointment to public and local hospitals Right to issue medical certificates Right to give evidence as an expert in a Court of Law

The aggrieved patients can file a case against the doctor for monetary compensation for which the patient to pay court fees that depends upon the compensation sought.

Probably, due to near acceptance of medical negligence as inevitable by the patients and their relatives or local settlements, not many cases have reached the apex court of law in the past.

The legal remedies are based on the law of Torts, Section 1-A of the Fatal Accidents Act, 185536and the Section 357 of Cr. P.C., 197337. But to avail it, an aggrieved patient have to wait for years and spend considerable amount of money on litigations.

The civil court cases take care the route of Sub-Court, District Court, High Court and Supreme Court.

Monopolies and Restrictive Trade Practices Act (MRTP), 1969

This Act is the precursor of CPA, 1986. Before the advent of CPA, this Act was the only resource to consumers against the unfair trade practices. The commission that looks into the disputes brought under MRTP Act based in New Delhi.Public Interest Litigation (PIL)An aggrieved patient can directly approach the High Court or the Supreme Court when his/her grievances was not properly redressed. PILs are usually resorted when public health programmes are not implemented properly. Some of the landmark judgements on Supreme Court on health are the result of PILs.

Indian Penal Code and Medical Negligence

Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpraxis in India.

A physician can be charged with criminal negligence when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result if malicious intention, or gross negligence. Before the administration of anaesthesia or performance of an operation, the medical man is expected to follow the accepted precautions.

In such cases, the physician should be able to prove that he used reasonable and ordinary care in the treatment of his patient to the best of his judgment. He is, however, not liable for an error judgment. The law expects a duly qualified physician to use that degree of skill and care which an average man of his qualifications ought to have, and does not expect him to bring the highest possible degree of skill in the treatment of his patients, or to be able to guarantee cures.

It has long been recognized that criminal liability of a physician may result from a high degree of negligent conduct. What the law calls criminal negligence is largely a matter of degree; it is incapable of a precise definition. To prove whether or not it exists is like chasing a mirage. It requires that any of the following to be established in a case of criminal medical negligence.

"Gross Lack of competency or gross inattention, or wanton indifferences to the patient's safety, which may arise from gross ignorance of the science of medicine and surgery or through gross negligence, either in the application and selection of remedies, lack of proper skill in the use of instruments and failure to give proper attention to the patient." (Hampton v State; State v Lester)

In R. v Bateman (1925), Dr. Bateman was prosecuted for manslaughter and the charges of negligence made against him were:

1. Causing the internal ruptures in performing the operations of 'version';

2. Removing part of the uterus along with the placenta;

3. Delay in sending the patient to the infirmary.

The trial court convicted him. But the Court of Appeal held: " ... in order to establish criminal liability, the facts must be such that, .. the negligence of the accused went beyond a mere matter of compensation between subjects and should such disregard for the life and safety of others as to amount to a crime against the state and conduct punishment."

When a FIR (First Information Report) is filed against a doctor for the death of a patient who was under his treatment, under this Indian Penal Code Section 304-A the doctor can be arrested. A doctor charged under this section can obtain bail and if proved guilty, the doctor can be punished with a maximum of two years imprisonment or fine or both. But, if the patient is alive, the doctor is charged under the Indian Penal Code Section 337 and 338.

The Indian Courts have been very careful not to hold qualified physicians criminally (instances of quacks for criminal negligence are there) liable for patients' deaths that are the result of a mere mistake of judgment in the selection and application of remedies and when the death resulted merely from an error of judgment or an inadvertent death.

Related Cases The complainant alleged that her husband died due to the complications arising after kidney biopsy. The State Commission held that the complainant had suppressed the crucial facts in her complaint. Besides serious life threatening diseases, the deceased was already

suffering from tuberculosis and staphylococcus aureus septicaemia (a serious infection of the blood by bacteria). These are very serious diseases with a very high mortality rate especially when the heart, lung and brain get infected. Hence, the complainant had not come with clean hands and thus disentitled herself to relief under this jurisdiction of the C.P. Act. Complaint dismissed with Rs. 1,500/- as costs (SUBH LATA v. CHRISTIAN MEDICAL COLLEGE (Punjab SCDRC O.C. No. 14 of 1994 decided on 15.6.1994; 1994 (2) CPR 691; 1995 (1) CPJ 365; 1995 CCJ 512 The complainant’s 18-year-old son was suffering from chronic renal failure and was advised renal transplantation. He was admitted in the hospital and dialysis was done for which a venous catheter was introduced in the right thigh and kept in situ (same position of the body) as he would require frequent dialysis. But due to lack of proper care like frequent dressing and medical attention, this site developed pus formation leading to A.V. Fistula, which resulted in gangrene of the right leg. In order to save the life of the patient, amputation of the leg was necessary. The patient died after 20 days. The opposite did not appear in the State Commission. The case was decided in favour of the complainant on the basis of the affidavits filed by the complainant and another experienced doctor who testified in favour of the complainant. A compensation of Rs. 2,00,000/- with Rs. 1,000/- as costs to be paid by the opposite party within 30 days from the receipt of this letter, failing which the amount shall carry interest at the rate of 18% per annum till realization. SHIVAJI GENDEO CHAVAN v. CHIEF DIRECTOR, WANLESS HOSPITAL & Anr. (Maharashtra SCDRC Complaint No. 451 of 1993 3.12.1994 (3) CPJ 43)

The complainant was operated for gallstones but subsequently he developed structure near the bulbous urethra due to which he could enjoy sex and could not pass urine easily. He ultimately had to be operated at a Urological Hospital for relief and heavy amount had to be spent due to negligent performance of his first operation. The State Commission observed as under and the complaint was dismissed. There is absolutely no evidence to establish that there was any negligence on the art of the opponent in performing the operation on July 30,1992 and that it was a result of such negligence that second operation became necessary. First operation was on account of multiple gallstones whereas the second operation became operation became necessary. First operation was on account of small strictures near bulbous urethra. Connection between the two operations has not been established. In other words, it is not proved that the second operation became necessary on account of negligence in the performance of the first operation. There is no certificate of the doctor of the urological hospital at Nadiad wherein it is alleged to have been stated that the second operation became necessary on account of the first operation on record. In the absence of any expert evidence, we cannot hold the opponent who has stated that he had performed the operation on the complainant carefully and that the complainant had not complained of pain when he was discharged from the hospital and thereafter. There is also some force in the opponent’s submissions that if the complainant was suffering from intense pain as alleged by him, he would not have waited for seven months to consult Dr. Rajguru. There is nothing in the documentary evidence placed on record, which would support the allegations made by the complainant. The complaint dismissed without costs. JAYANTILAL GOVINDALAL PARMAR v. MANAGING TRUSTEE & Ors. (1997 (1) CPJ 295:1997 (2) CPR 9 (Gujarat SCDRC) The complainant was admitted in a private hospital for pain in the neck on the right shoulder. Investigations reveled that he was a diabetic and had right hydronephrosis with obstruction at right uretrovesical junction. The complainant underwent surgery by retroperitoneal approach. The affected portion of the ureter was removed and uretric reimplantation was done. During the postoperative period, the complainant developed high fever and further investigations showed that a stapler pin was seen in the gastrointestinal tract. The complainant got discharged against medical advice. The allegation was that the pin was left there during the operation. The surgeon stated that

the surgical staplers are V or U shaped and used in clusters in surgeries involving large intestine. The stapler pin seen in the x-ray is not a stapler pin. It resembles the stapler pins used un food pockets. Evidently, this stapler pin should have been swallowed. The State Commission held that there is no negligence or deficiency of service on the part of the hospital and dismissed the complaint without costs. C.J. LAWRENCE v. APOLLO HOSPITALS (Tamilnadu SCDRC O.P. No. 8/94 Decided on 05.08.1998).

ConclusionInvariably, consumers are a vulnerable lot for exploitation, more so in a developing country with the prevalence of mass poverty and illiteracy. India too is no exception to it. Instances like overcharging, black marketing, adulteration, profiteering, lack of proper services in trains, telecommunication, water supply, airlines, etc are not uncommon here. From time to time, the government has attempted to safeguard consumer's interests through legislations and the CPA 1986 is considered as the most progressive statute for consumer protection. Procedural simplicity and speedy and inexpensive redressal of consumer grievances as contained in the CPA are really unique and have few parallels in the world. Implementation of the Act reveals that interests of consumers are better protected than ever before. However, consumer awareness through consumer education and actions by the government, consumer activists, and associations are needed the most to make consumer protection movement a success in the country.