Two Day National Workshop on Consumer Protection and Empowerment in India. February 12-13, 2015

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1 Two Day National Workshop on Consumer Protection and Empowerment in India February 12-13, 2015 The Centre for Consumer Studies, Indian Institute of Public Administration, New Delhi in collaboration with the Commerce division, School of Social Sciences and Languages, VIT University, Vellore, organized Two Day National Workshop on Consumer Protection and Empowerment In India on February 12-13, 2015 at VIT University, Vellore Campus. The Workshop was sponsored by Department of Consumer Affairs, Government of India. More than 281 participants participated in the workshop across the nation, which included academicians, researchers, and students. The objectives of the Workshop were (i) to elicit the need and importance of Consumer Protection in market economy, (ii) to enhance their knowledge and skill relating to products and services and (iii) to understand the process of consumer grievance redressal and filing of complaints. Dignitaries on the Dias standing for prayer song 1

2 Welcome Address by Dr. M. John Sundar David, Professor and Dean, SSL The workshop began with the Welcome Address by Dr. M. John Sundar David, Professor and Dean, School of Social Sciences and Languages, VIT University. He welcomed the Hon ourable Chancellor Dr. G. Viswanathan, and other dignitaries. He said it gives me great joy and pleasure to welcome all the participants to this workshop, which is of great relevance to all of us as consumers. Though consumer awareness is increasing day by day but it is necessity to discuss this issue as consumer needs to be empowered againt all the unscrupulous activities going on in the market. The medicines he purchases are fake, cold drinks are spurious, banks and insurance companies are engaged in scrupulous practices and chit funds are cheating consumers. The NGOs in this field cannot solve this problem unless the consumer gets empowered. This workshop is one-step in this direction. Dr. N. Sundaram, Workshop Organizer giving Introductory Remarks about the workshop Dr. N. Sundaram, Professor of Commerce, School of Social Sciences and Languages (SSL), VIT University and the programme Coordinator in his Introductory Remarks presented the workshop objectives, the expected outcome, technical sessions of two days. He said that the purpose of the workshop is to create awareness among various stakeholders on various issues of consumer protection and welfare and for that endeavour has been made to have maximum participation. 2

3 Dr. G. Viswanathan, Founder and Chancellor, VIT University inaugurating the workshop and addressing the gatherings Dr. G. Viswanathan, Founder and Chancellor, VIT University inaugurated the workshop. Sharing his experience as Minister In-charge for food, cooperation and dairy development for two years in Tamil Nadu, he said that of implementing the Consumer Protection Act and to protect the consumers rights is not an easy task. All over the world the problem of consumer is there. In U.S. Rodalf Nadan could move the entire car industry on consumer problems and generated consumer awareness on cars. I am happy that we are now talking about consumer rights. He said that consumer protection and consumer rights are topics of contemporary relevance. Few years back the whole emphasis was on business growth and welfare. Now both government and business have realized that consumer satisfaction is equally important for economic growth; as consumer is the most important element of the economy. However, in a country which is poverty struck and one-third of the population lives below poverty line, people are illiterate and majority live in rural areas, ignorance is a bliss; implementing consumer rights is difficult. The consumers lack awareness and are unorganized; on other side, the business is powerful and organized. Many of us are not aware of generic medicines, we take branded ones if it is recommended by the doctor. The costing is also too high especially if it is imported medicine and consumer has no means to find out the actual price of the same. Saome is the case with goods like cement wherein price are high because the companies form cartels. Today is an era of consumerism; the middle class wants to own everything. The rural masses are not far behind and they want to have an urban life style. The education sector is also riddled with problems like capitation fee, black money and corruption. Everybody wants to hold a professional degree. 90% of students who do not get admission in India go to all sort of unrecognized colleges in Russia, Kazakhstan etc. where even English medium is not available. The misleading ad is another problem in education sector wherein all sort of wrong claims are made to attract the students. 3

4 The problem is people are unaware, as they do not get information in the local language. To give inexpensive and speedy redresal to consumers and protect the interests of the consumers, the Consumer Protection Act was enacted in It provides a handy tool to consumers to deal with the exploitative practices in the market. We live in an environment where the consumer is losing faith in the system because of lack of proper implementation of law. To ensure proper implementation of Consumer Protection Act, there is need that the states should play a proactive role. The Central Govt. has already taken a number of initiatives but the cooperation from states is lacking. There is also need to generate consumer awareness among consumers till the grassroot levels, in which all the stakeholders must play an important task. Further there is need to have redressal forums at the Taluka level to make it easier for loaal people to get redressal. Participants of the workshop The chief guest Shri S. K. Virmani, Project Manager, State Consumer Helpline Knowledge Resource Management Portal, IIPA, New Delhi addressed the gatherings about the workshop followed by the vote of thanks by Dr. A. Dunstan Rajkumar, Division Chair, SSL. 4

5 Shri S. K. Virmani, Project Manager, CCS, IIPA addressing the participants In the Technical session I, Shri S. K. Virmani speaking on Consumer Protection & Empowerment - An Overview talked about the scrupulous practices being followed by traders and manufacturers like false advertising, use of additives to make attractive which are otherwise harmful. He said that the Right to Information Act and Consumer Protection Act are two legislations meant to empower consumers. He explained the six consumer rights with suitable examples. He also explained the functioning of helplines to advise the consumers against their grievance. Dr. Sapna Chadah, Assistant Professor, CCS, IIPA, New Delhi, speaking on Consumer Protection: Legal Framework highlighted the importance of consumer protection and explained the change of market on consumption. She explained the six rights of the consumers. She discussed the development of consumer policy, some important per-existing laws and highlighted the important provisions of the Act with the help of important judgements of the Supreme Court and NCDRC. She also explained how Dr. Sapna Chadah, speaking on Consumer Protection: Legal Framework the consumers can file complaint in the forums and procedure for the same. Dr. R. M. Chidambaram, Research Advisor, PKR Arts College for Women, Gopichettipalayam presenting on Banking and Consumer enlightened participants on customer rights viz-a-viz banking services. He discussed various services being provided by the banks, and the kind of deficiencies generally encountered by the customer. He also Dr. R. M. Chidambaram presenting on Banking and Consumer 5

6 discussed the misleading attitudes of the banker in promoting their service to the public. He explained the Banking consumer has internal grievance redressal mechanism, which is a win-win situation for both. There is also provision for Banking Ombudsman in case customer is not satisfied with internal redressal. He said we are not very watchful while purchasing banking products. Shri. S. V. Sathyanarayana, Manager Claims, LIC of India, Vellore addressed on the topic Insurance and customer with reference to Life Insurance Corporation of India. He discussed what is insurance, its importance and kind of protection it provides the consumers with explanation pertaining to data of LIC of India. He cautioned consumers to be careful of terms and conditions before taking any insurance policy as there are many hidden clauses in these policies which can lead to rejection of insurance claims by Shri S. V. Sathyanarayana, Manager, LIC speaking on Insurance and Consumer the companies. He elaborated the principles of insurance with the decided cases. He also discussed the internal grievance redressal mechanism followed by insurance companies. Dr. Sapna Chadah, Assistant Professor, CCS, IIPA presenting on Medical Negligence and Consumer informed that the services of doctors, nurses and hospitals fall under the purview of Consumer Protection Act and if a consumer suffers due to negligence and deficiency on part of doctors can file a complaint under the Act. The medical practitioners have a legal duty to take care towards the patient and if he fails to fulfill his legally recognized duty and patient suffers damages as a result the doctor is liable for it. She elaborated the duties of the doctors towards the patients. The CP Act provides an additional remedy to consumers besides the civil courts and other laws; and consumer is free to choose any remedy he likes. She explained the concept of medical negligence with a number of cases decided by the Supreme Court and National Commission. The Supreme Court in Indian Medical Associations case has categorically held that services of doctors, hospitals and para-medical staff falls within the ambit of CP Act. She said that the consumers need to be vigilant and careful while availing services of the doctors and must ask to provide them copy of their medical records; which is also their right. 6

7 Dr. M. John Sundar David, Prof. & Dean, SSL speaking on Education Services On second day Dr. M. John Sundar David, Professor and Dean, School of Social Sciences and Languages (SSL), VIT University addressed the participants on the topic Students rights and Privileges in Academic Institutions. He focused on the importance of education in India before independence, during British rule and postindependence. He also cited the current scenario of Indian education system and students rights. He quoted the general rights of the students as Right to critically think, Right to critically speak and Right to critically act. He discussed some of the aspects related to education services where the students face deficiency and get cheated. He told participants to be vigilant against the unfair trade practices being followed by many private colleges and universities and the misleading ads in relation to these. After this session Shri S. K. Virmani, CCS, IIPA in an interactive discussion with the participants provided an overview of insurance sector and provided certain tips which consumers must keep in mind while taking insurance. Dr. N. Sundaram, Professor of Commerce and Workshop Organizer, SSL addressed on the topic Consumer Grievances and Redressal in Tamil Nadu, enlightened the participants about the functioning of the the consumer protection councils and the consumer foras in the state of Tamil Nadu. he shared some of the finding of his study which was based on functioning of these bodies in the state of T.N. he aslo discussed the duties of the consumers before and after buying the products or availing services, and the steps consumers should take against defective goods and/ or deficient services. He shared some of the statistics on the functioning of the three tier consumer grievances redressal machinery in T.N. Dr. N. Sundaram discussing Working of DFs in TN 7

8 Dr. S. Babu, Prof and Associate Dean, Academic Research speaking on Food Safety and Consumer Dr. S. Babu, Professor and Associate Dean, Academics Research, VIT University speaking on food safety and consumer, elucidated the importance of food bio medically and scientifically. He explained about the role of bacteria in the food and consumption pattern. He informed the participants about the colours, chemicals and adulterants being used in food, the effect of adulteration, and how consumer can find about it. He also explained what are genetically modified food and organic food. Dr. A. Dunstan Rajkumar, Associate Professor speaking on Misleading Advertisement and Consumer Dr. Dunstan Rajkumar, Division Chair, SSL, in the session on Misleading Advertisement and Consumer, said that advertising now-a-days is extensively influencing the buying behavior of consumers. But problem arise when these advertisements become misleading. Highlighting the impact of misleading advertisements on the consumers he said that these effect consusmers right to safety, information and choice. They cause financial loss, physical damage, mental agony and are hazardous to life and safety of person. They sometimes also affect the sentiments and emotions of the public at large. He highlighted legal provisions under various Act to deal with misleading ads and also the functioning of Advertising Standards Council of India. 8

9 Prof. Rufus Inbakumar speaking on Consumer Behaviour An Indian Perspective, portrayed consumer behaviour and their activity of buying in the market. He presented the topic relevant to marketing and management science and price primacy as well. He touched upon the Indian consumer market and the youth s role in such market. The habitual practices of sophisticates and luxurious customers were highlighted in the session with the segmentation of consumer classes in India. He concluded his presentation with statistical information of consumer behaviour for the past decade. Prof. Rufus Inbakumar speaking on Consumer Behaviour An Indian Perspective In the concluding Session the valedictory Address was delivered by Dr. Sapna Chadah, Assistant Professor, IIPA, New Delhi. She said that we refer to the consumer as King or Sovereign. But in reality he is a king without a kingdom, crown and powers. He is being exploited but he has become insensitive to it and is not protesting. He is a silent sufferer who is being cheated by the organized and powerful business. We have the Consumer Protection Act which came into existence in 1986 and hailed by the Consumer International as one of the best piece of legislation. However, the machinery under the Act is riddled with problems and difficulties making justice delivery to the consumers difficult. The prolem is further aggravated as the awareness about the consumer rights among consumers is very low. The younger generation, which is spending more, has lesser information. In this scenario, there is urgent need to generate awareness among consumers especially among the rural masses. There is information asymmetry between the traders and consumers. Consumer does not get the correct information, which makes the things worse for him. To educate the consumers, there is need for all the stakeholders to participate and take steps. VCOs and education institutions can play important role in generating awareness. The workshop ended with the formal Vote of Thanks by Dr. N. Sundaram, Professor of Commerce and Workshop Organizer. 9

10 Participants in the workshop (Sapna Chadah) (Suresh Misra) Course Coordinators 10

11 WORKSHOP SCHEDULE Time in Hrs Particulars Resource Persons Day One, February 12, Thursday Registration and Tea INAUGURAL Prayer Song Welcome Address Dr. M. John Sundar David, Professor and Dean, SSL About the Workshop Dr. N. Sundaram, Professor of Commerce and Workshop Organizer Dr. G. Viswanathan, Inaugural Address Founder and Chancellor, VIT University Felicitation Introduction of Chief Guests Mr. John Britto, Research Scholar Shri S. K. Virmani, Chief Guest Address Project Manager, State Consumer Helpline Knowledge Resource Management Portal, IIPA, New Delhi Vote of Thanks Dr. A. Dunstan Rajkumar, Division Chair, SSL Consumer Protection & Empowerment - An Overview Shri S. K. Virmani, IIPA, New Delhi Consumer Protection: Legal Framework Dr. Sapna Chadah, Asst. Prof., IIPA, New Delhi Lunch Banking Services and Customer Dr. R. M. Chidambaram, Research Advisor, PKR Arts College for Women, Gopichettipalayam Insurance and Customer Sri. S. V. Sathyanarayana, Manager Claims, LIC of India, Vellore Medical Negligence: Doctor - Patient Relationship Dr. Sapna Chadah, Asst. Prof., IIPA, New Delhi 1700 Tea Day Two, February 13, Friday Students Rights and Privileges in Academic Institutions Dr. M. John Sundar David, Professor and Dean, SSL Consumer Grievances and Redressal in Tamil Nadu Dr. N. Sundaram, Professor of Commerce and Workshop Organizer Tea break Food Safety and Consumer Dr. S. Babu, Professor and Asso. Dean, Academics Research, VIT University Lunch Misleading Advertisement and Consumer Dr. A. Dunstan Rajkumar, Assoc. Professor and Division Chair, SSL Consumer Behavior An Indian Perspective Prof. Rufus Inbakumar, Assoc. Prof., SSL VALEDICTORY Welcome address Prof. Haleema, Division Chair, Computer Applications, SSL Valedictory address Dr. Sapna Chadah, Asst. Prof., IIPA, New Delhi Distribution of Certificates Dean, SSL and Chief Guests Report of the Workshop and Vote of Thanks Dr. N. Sundaram, Professor of Commerce and Workshop Organizer 1700 National Anthem End of the Workshop with Tea 11

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