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Consumers Inaugural

Issue
1.1
POWER
A bi-monthly resource for the consumers
May 2010 Rs.25

09 Charter of Telecom Services

19 Consumers Role in
Dispute Redressal System in India

Are YOU the King


in India?
PA G E 5

Impact of Ads
on Rural Consumers
PA G E 1 0

State of Consumers
in Shimla
PA G E 1 6

Standards:
A Part of Your Life
PA G E 2 3
Customers of Mobile &
Fixed Telephone & Television
must read this for getting
better services

Telecom Regulatory Authority of India


BASIC INFORMATION
Telecom tariff / charges and rates related issues
+ The customer must be given complete details of tariff plan including
charges payable for every item included in the plan within a week of
activation of service.
+ While taking the new connection, you can obtain the contact details of the
Call Centre, Nodal Officer and appellate authority of service provider for
making your complaints.
+ No hike in any tariff item or charges is permitted during six months from the
date of enrolment of the subscriber in a tariff plan.
+ In tariff plans having validity of more than six months including lifetime
plans no tariff item or charges shall be increased at any time during the
promised validity period.
+ 'Lifetime validity' means the duration of the current license or renewed
license of the service provider.
+ The customer is free to move from one tariff plan to another, including post
paid to pre paid and vice versa without paying any fee or charges for
migration and without change of telephone / mobile number.
+ Even if the talk time value has been exhausted, the prepaid customers
should get all the services, which do not affect talk time value, like
incoming calls/SMS etc. during the entire validity period.
+ Unused balance in the prepaid card at the end of the validity period is to be
carried forward if recharged during the grace period specified for the
purpose.
+ Fixed line and broadband customers to be given rental rebate for faults not
rectified within 3 days of making complaint.
+ No rental for national roaming facility. Receiving SMS is free while national
roaming.
+ Processing fee, if any, in the talk time top-up recharge shall not exceed
Rs.2/-.
+ Calling Line Identification Presentation (CLIP) facility cannot be made a
compulsory item of tariff in any tariff plan. If chargeable, it shall be optional
for customers.

Whom to contact in case of telephone / mobile complaints?


How to stop getting unwanted telemarketing Calls and SMSs?
Basic information about Cable TV Services in Conditional Access System (CAS) Areas
TV services under Direct to Home (DTH)
Individual consumer complaints / disputes

TRAI invites all the stakeholders to visit its website: www.trai.gov.in for full Details of the
Regulations, Tariff Orders, and Directions issued by the Authority from time to time.

(Issued in public interest by Telecom Regulatory Authority of India)


Mr. J.S. Sarma
Chairman
Telecom Regulatory
Authority of India, New Delhi

I
Volume 1 . Issue 1 am happy to know that the Citizens' Awareness
Group (CAG) is publishing bi-monthly magazine
"Consumers Power". The Citizens' Awareness
EDITORIAL TEAM
Group was registered with TRAI as Consumers
Mr. Surinder Verma Advocacy Group in 2007 and has acquired good
Dr. Navleen Kaur
Ms. Manjeet Kaur
knowledge about telecommunication services,
Mrs. Sudesh Kumari regulations governing its provisions and redressal of
Ms. Richa Priya
Ms. Medha Kapoor consumer grievances. It has been organizing several
Design & Layout seminars and workshops to generate awareness about
Core Communications Pvt Ltd
0172 2613190 the rights of consumers.
info@corepr.com
Consumer Advocacy Groups play significant
role in empowering consumers, particularly in matters
connected with Telecommunications, Broadcasting and
Cable Services. I am confident that the Citizens'
All articles and advertising
Awareness Group would supplement the efforts of
material should be forwarded to :
Telecom Regulatory Authority of India in protecting the
The Editor interests of consumers and generating awareness
CITIZENS AWARENESS GROUP
Room No. 3 (Basement) about their rights. I wish the organization great success
Karuna Sadan, Sector-11-B
Chandigarh-160011 in its endeavors.
Tel & Fax : 0172-4007412
Mobile: 094170 08805
093177 25073
E-mail :
citizenawareness@yahoo.com
citizenawarenessgroup@gmail.com
consumerspowerchd@yahoo.com

Website
www.cagchandigarh.in J. S. Sharma

Processed and Printed at :


Nex-Gen Graphibiz
Plot No. F-191, Industrial Area,
Phase 8-B, SAS Nagar, Mohali
Punjab

Printed & Published by


Mr. Surinder Verma, Chairman
Citizen Awareness Group.
CONSUMERS POWER | May 2010 | 1
Mr. R.N. Prabhakar (Retd.) Mr. Jagroop Singh Mahal
Member President
Telecom Regulatory Consumer Disputes, Redressal Forum
Authority of India, New Delhi UT, Chandigarh

I I
am happy to note that Citizens Awareness t gives me pleasure to say that Citizens
Group has started a bi-monthly magazine Awareness Group Chandigarh has
Consumers Power and this issue will focus on started a bi-monthly magazine titled
the consumer awareness in the telecom and
"Consumers Power". As we all know,
broadcasting sectors. Mr. Ram Niwas consumers are the largest social group in any
The mission of Telecom Regulatory Home Secretary society. They face a number of problems
Authority of India (TRAI) is to ensure that the Chandigarh Administration relating to the goods purchased by them and
interest of consumers are protected and at the
same time to nurture conditions for growth of services hired on payment. It is a common
telecommunication, broadcasting and cable knowledge that in every sphere whether it is

I
t gives me immense pleasure to know airlines, banks, railways, insurance, courier
services in a manner and at a pace which will
enable India to take a leading role in the emerging that Citizens Awareness Group has agencies, housing, building activity, trading,
global information society. started a bi-monthly magazine investments, education, telephone/mobile,
Consumers Power for the consumers of electricity, water supply, hospital etc., the
The service providers should ensure quality
of service and attend to consumer grievances as this region. I appreciate the working of the consumers hire services and in many cases
per the benchmarks and procedures prescribed by group with the objective of creating face, problems like the cancellation or delay,
TRAI. This is one of the concern of the regulator. In awareness about various issues related to repudiation of claims, levying of' heavy
order to this concern and to achieve its Mission, health, literacy and consumer problem charges, medical negligence or non supply
TRAI has been conducting various regional from its inception. I hope that this or short supply of goods. The consumers are
workshops for capacity building of Consumer magazine will empower the consumers of
Advocacy Groups (CAGs) and consumer the most unorganized group and need to be
this entire region by providing them timely educated about their rights. Many of the
education at regular intervals at different places.
information about the intricacies of market. consumers suffer deficiencies, losses and
The sole aim of this exercise is to raise consumer
awareness as end users through CAGs. TRAI I personally welcome the launch of humiliation simply because they are not
have been consistently striving towards improving the magazine here in this region, and aware of the remedy or they feel that the
the response of the service providers to the congratulate the entire team of CAG for damage caused is bearable as compared to
consumer needs and consumer complaints. Print the harassment and delay which they may
creating consumers.
media has always been playing a significant role in
suffer in pursuing the remedy before the
raising consumer awareness amongst consumers
and service providers by raising consumer centric Courts. The "Consumers Power" magazine
issues. I am sure your magazine will also being launched by the Group is expected to
contribute towards this aspect. take care of these problems and impart not
I wish the Citizens Awareness Group all only education to the consumers about their
success in their foray to launch Consumers rights but also assist them to redress their
Power magazine and hope that the content of the
Ram Niwas grievances.
magazine will be such that will enlighten the
I wish success to the Citizens
consumers about their rights and obligations for
Awareness Group, is the need of the hour.
getting proper quality telecommunication and
broadcasting services.

R.N. Parbhakar
Jagroop Singh Mahal

CONSUMERS POWER | May 2010 | 2


Ekkud% iFkiznZkd%

BUREAU OF INDIAN STANDARDS


Food Corporation of India Food Corporation of India

Arun Kumar Gupta, IAS Nilkanth S. Avhad, IAS


Ms. K. K. Narang General Manager
Deputy Director General General Manager
Food Corporation of India Food Corporation of India
Bureau of Indian Standards Haryana Region Punjab Region

I I
t gives me immense pleasure to know am pleased to know that Citizens

I
t gives me immense pleasure to know
that the Citizens Awareness Group is that Citizens Awareness Group has Awareness Group (CAG), a voluntary
launching 'Consumers Power' a starred a bi-monthly magazine organization, has decided to publish its
bi-monthly journal dedicated to Consumers Power about various issues bi-monthly magazine Consumers Power
consumers. related to health, Literacy and Consumer with an objective to generate awareness
problems for the consumers of this region. among citizens about their rights and
The Group has been playing a vital role in I convey my best wishes to the group and responsibilities and simultaneously assist
spreading awareness amongst the wish it all success. them in redressal of their grievances. I am
masses about various consumers related sure that this effort of the CAG, would go
issues. Their contribution in spreading a long way in fostering a sense of
public awareness about the rights of fraternity among the citizens. I
consumers has significantly supplemented congratulate the organizers and wish the
the endeavor of Bureau of Indian publication a grand success.
Standards in creating awareness about Arun Kumar Gupta
various activities of BIS.
Kindly accept my heartiest congratulations
and best wishes for your magazine which I
am sure will go a long way in further Nilkanth S. Avhad
promoting the values concerning the
consumers.

Ms. K. K. Narang

CONSUMERS POWER | May 2010 | 3


Editor Speaks
5
Is Consumer Really CITIZENS AWARENESS GROUP
the King in India? Investor Association recognised by Securities Exchange Board of India (SEBI)
Consumer Advocacy Group, registered byTelecom Regulatory Authority of India (TRAI)

9
Telecom
Services

10 Impact of
Advertisements

14 TRAI
Basic Information
Dear Readers
I am greatly pleased to present to our natured readers- the consumers community- with this newest

16 Consumer Awareness magazine Consumers Power. In today's world, consumers wield the power..the power to demand
the best.
In this issue, we had brought forward the rights of consumers in Telecom Industry. I am extremely
delighted on sharing Basic information on Telecom tariff and rate related issues and about the Role
of consumers.

19 Role of Consumer I am heartly thankful to Mr. Bejon Mishra, Professor MC Pal, Dr. Akshat Mehta, Dr. Babita Aggarwal,
Dr. Meenu Aggarwal, Dr. Mamta Mokta and Ms. Renuka Salwan for their intresting articles.
Apart from the introduction to TRAI by Dr. Akshat Mehta, you will also come to know about the
Common Charter of Telecom Services in this issue.

23 Standards :
A part of our Life
I feel extremely proud in incorporating the write-up on National Seminar on Role of Cosumer
Disputes Redressal system in India: Issues, Challenges and opportunities. Seminar was
co-ordinated by Professor MC Paul, School of Social Sciences, Jawaharlal Nehru University, New
Delhi. Seminar was organised as a mark of respect to the true spirit of UN Guidelines for Consumer
Protection (UNGCP) issued 25 years ago in 1985.

24 TRAI :
An Introduction
In a past few years Telecom industry has grown at a rapid pace with an upcoming of loads of
telecom companies, which had left the consumer in a state of confusion. The choice is extremely
difficult for the consumers of telecom industry as so many big brands have stepped into, leaving the
market overloaded.

26 Child Labour in India


This issue is just one step forward in helping you to make the right choice and to update your
knowledge as being a consumer. We shall appreciate your feedback and suggestions to help us in
helping you. Queries are also welcomed.

28 The Consumer Panchayat:


Surinder Verma

30 Consumer Awareness -
Rights & Responsibilities

CONSUMERS POWER | May 2010 | 4


Cover Story

Is Consumer Really
the King in India?
"Consumerism" is likely to dominate the Indian market in the coming years, thanks to the
economic reforms in the present years and increased direct foreign investment in the retail
sector. The transition will be from a predominantly "sellers market" to a "buyers market"
where the choice exercised by the consumer will be influenced by the level of consumer
awareness achieved.

C
onsumers are consumer as envisaged in seller beware). There is Cosmetics Act, 1940.
considered to be the Consumer Protection an active need for having Even though different
king in a free Act (1986) viz. Right to awareness on the parts of India exhibited
market; the sellers are safety, Right to be consumer protection different levels of
guided by the will of a informed, Right to choose, rights. awareness, in general, the
consumer. Webster's Right to be heard, Right to level of awareness was
Evolution of Consumer
dictionary defines redress, Right to pretty low. Indian
Protection Rights in
Consumerism as "the consumer education, consumer movement
India
promotion of the Right to satisfaction of began with Passengers
consumer's interests" or basic needs and ensuring The consumer movement and Traffic Relief
alternately "the theory right standards for the in India is as old as trade Association (PATRA) in
that an increasing goods and services for and commerce. In Mumbai, in 1915. The
consumption of goods is which one makes a Kautilya's Arthashastra, growth from there has
economically desirable". payment. The big there are references to the been incredible and the
concept of consumer
"Consumerism" is likely to multinationals will leave momentum of this growth
no stone unturned to gain protection against started during the 60s.
dominate the Indian
the attraction of the exploitation by the trade In 1969, Monopolies and
market in the coming
consumer and will try to and industry, short Restrictive Trade
years, thanks to the
gain a respectable market weights and measures, Practices MRTP act was
economic reforms in the
share. However, some of adulteration and enacted and MRTP.
present years and
the companies try to punishment for these Commission was set up
increased direct foreign
engage in unscrupulous, offences. However, there under the provision of the
investment in the retail
was no organised and
sector. The transition will exploitative and unfair act. The act deals with
trade practices like systematic movement cases of restrictive trade
be from a predominantly
defective and unsafe actually safeguarding the practices, adversely
"sellers market" to a
interests of the
"buyers market" where the products, adulteration, affecting competition, and
false and misleading consumers. Prior to with unfair trade
choice exercised by the
advertisements, independence, the main practices arising largely
consumer will be
hoardings, black- laws under which the out of false and
influenced by the level of
marketing etc. The earlier consumer interests were misleading
consumer awareness
approach of caveat considered were the advertisements. After this
achieved. By
emptor, which means Indian Penal Code, act, consumer
"consumerism" we also
Let the buyer beware, Agricultural Production, groupscame into force,
mean the process of
Grading and Marketing emerged. The emergence
realising the rights of the has now been changed to
caveat venditor (Let the Act, 1937, Drugs and

CONSUMERS POWER | May 2010 | 5


of the Amartya Bag, B.A. established under the chains. Another reason Consumer Guidance
LL.B. (1st Semester), KIIT provision of the act. may be the lack of Society and Forum. This
Law School, KIIT Consumer Welfare Fund awareness amongst the survey shows how the
University, Bhubaneswar, was also created during consumer about their consumers in India are
Orissa. Consumer that time. We have the rights. A recent study unaware about their legal
Education and Research Securities and Exchange found that although the rights. Indian consumers
Centre in Ahmedabad, in Board of India, 1992, the people have basic want quantity not quality,
1978, was a milestone in Telecommunication knowledge about the they prefer to compromise
the consumer movement Regulatory Authority of Weights and Measures Act rather than complain.
of India. It provided a India, 1997, and the but very few people have Though charging of a good
thrust and a direction to Central Electricity knowledge about the above the maximum retail
the movement in terms of Regulatory Commission, other laws like the Drug price (MRP) is against the
a result-oriented approach 1998. Apart from these, a and Cosmetic Act law, it is a very common
through effective use of number of acts like Indian Prevention of Food observance that the seller
the law and the courts, Contract Act, Sale of Adulteration, Food tends to charge a good
and injecting professional Goods Act, The Essential Product Order, The above the
inputs into the movement. Commodities Act, The Essential Commodity Act MRP. It is common that
In the 1980s was the time Agricultural Produce Display of Price Order; one has been charged
for the consumer rights (Grading and Marking) Prevention of Black above MRP for buying a
and many consumer Act, The Prevention of Marketing and bottle of mineral water at
groups were formed in Food Adulteration Act, Maintenance of Supplies. railway station or
different parts of the The Standards of Weights It was also found in the multiplexes. There are
country. In 1986 the and Measures Act have survey that the males are many goods which are
Consumer Protection Act been enacted by the much more aware about sold in the market
was enacted. In 1987, the Indian legislature from the consumer protection without much
Indian Standards time to time to protect the laws than the females. It information about their
Institute (ISI), which was interest of the consumer. was also found out that quality, quantity and
started around 1947 as a The system has been the people were not aware purity. In case of goods
membership society, considered as one of the about organizations meant for mass
largely dominated by best in the world in the working at district and consumption like, food,
industries, was turned matter of consumer national level. Out of total milk products, edible oils
into a statutory protection.Consumer sample, 48 percent males etc. the ingredients are
corporation called the Awareness and Rights a and 20 percent females not known.
Bureau of Indian Ground Reality. Even with were aware of both
Standards with greater so many milestones, the consumer courts as well The big multinational
participation by consumer system is not perfect and as consumer forums. Only companies make a huge
organizations. Thereafter. there are still hurdles in 6 percent each of male profit from whatever they
in 1993, the Consumer providing justice to the and female respondents sell; they try to gain the
Protection Act was consumer in some cases. were aware about the Sub- attention of an average
amended overcoming few In spite of having a Divisional Magistrate consumer through catchy
limitations and making it separate ministry or (S.D.M.) office. Very few slogans and
more effective and department of consumer knew about the public advertisements with
inducing the concept of affairs at centre and in supply office. Majority of bollywood celebrities and
consumer courts. Three every state, the reality is respondents i.e. 50 cricket players as their
tier consumer courts at that consumer loses the percent males and 12 brand ambassadors to
the nation, state and battle every time and percent females were promote the goods. The
district level known as the bows before the big wigs aware about the National consumer lured by the
District Consumer Dispute that own the industries Consumer Forum at Delhi. advertisement follows the
Redressal Forum, State and rein the huge 2 percent males were preference of their silver
Consumer Disputes consumer market in aware of Consumer screen idols blindly
Redressal Commission, India. The consumer is Guidance Society, without knowing the
and the National nothing but a crownless Hyderabad and Consumer ingredients of an article
Consumer Disputes king; the real power lies Forum, Bombay. None of and suffers. Sometimes
Redressal Commission in the hands of big the female respondents the sellers offers
respectively were multinationals and retail were aware about unrealistic schemes on

CONSUMERS POWER | May 2010 | 6


anything ranging from There is another fraud notwithstanding the fact clause says that if a
soap to a two-wheeler or a attached to such goods. A that the ACs or fridges are machine has been
computer, the consumer branded company uses mostly made of such stuff. negligently used, then the
is deceived by these and assembles the tyres If there is no warranty on company is not
schemes offered by the and spare-parts of lesser such items, then what is responsible for the
manufacturers, who known companies. The the warranty all about? damages. Despite the
spend crores of rupees on consumer hardly knows Just to deceive the Indian existence of consumer
their brand ambassadors. about this arrangement, consumer who simply forums at various levels,
The poor consumer, who as no such trade secrets purchase the goods many people are
is caught-up in buy-one, are revealed through the thinking that the same compelled to go to the
get one schemes hardly advertisements by the can be repaired or courts seeking remedies.
finds time to apply his brand ambassadors. The replaced within the In India sellers try to
mind that it is he who poor consumer, who warranty period, while corner and catch the
pays everything, even for intends to bring home the remaining ignorant of the consumers on wrong foot
those so-called free-gifts leader from the firm of basic difference between in the courts of law by
and gold coins that are international fame, comes guarantee and putting the onus of
used as marketing tools. to know about such fraud warranty. And when any damage on to the
The tragic part of all this only after the purchase of aware consumer dares to consumer, declaring him
is that at the time of the goods that are over challenge such self-made as untrained to operate
purchasing the goods, the stuffed with low quality clauses in the court of the consumer goods,
consumer is never shown desi spare-parts. Now law in the event of any while arguing the cases
the clauses of warranty, have a look at the defect in the goods within through highly paid
written in the microscopic warranty card provided the warranty period, he advocates. And the poor
fonts, with so many with any electric or comes across with consumer, who is already
conditions apply electronic goods item, another problematic depressed on account of
mentioned in the foot- including television sets, clause in the warranty
notes of these documents DVDs, computers etc. The that reads like this: This
hidden somewhere in consumer is again duped contract is effective at a
owners manual. The in the similar fashion. place where the company
consumer gets this Here again, the hidden has a manufacturing unit
owners manual only warranty speaks (say at Mumbai) and
after he makes the something like this: In claims if any, shall be
payment of the product he the event of damage on made only before the
intends to purchase. account of high or low courts having the
However, a closer look at voltage, fluctuation in jurisdiction in Mumbai
such warranties makes current, lightening etc, and no claims shall be
one to ponder upon the the warranty made outside Mumbai,
fraud most of the automatically null and notwithstanding that the
companies commit with a void. Is a consumer refrigerator, two-wheeler,
consumer. Take an responsible for the high TV, etc may have been
example of a two-wheeler
or a four-wheeler
or the low voltage that is
supplied by the electric
sold or delivered or any
stipulation or
UGSE-
purchased from any department? Again, in commitment in respect Insurance
reputed automobile case of refrigerators or air thereof may have been Institute
company. The warranty conditioners, the made elsewhere. Have
says like this: This companies claim that they another look at the clause for Education &
warranty doesnt apply to will not be responsible for in the warranty: This Training
proprietary parts like the leakage in the gas, warranty is in vogue only
tyres, tubes, battery, for which extra money is for a period of 12 months
plastic items, bulbs, to be paid. Further, from the date of SCO 62-63, Top Floor,
Sector 17-A, Madhya Marg,
indicators, rubber similar conditions prevail purchase. The fact is that Chandigarh - 160 117
components, grommets, in case of automobiles, AC or fans remain off for Telefax : 0172 5077054, 4643054
Email : admin@insuranceugce.com
O rings, bellows etc. which say that there will at least six months a year www.insuranceugce.com
Then what is left that be no replacement on in most parts of the
comes under warranty? rubber or plastic items, country. Yet another

CONSUMERS POWER | May 2010 | 7


having purchased a Madhya Pradesh, from redressal. An alert
Jokes for defective item, thinks approaching the courts consumer is a safe
Fun twice before moving
consumer protection
for justice. A more
desparate distribution of
consumer! There is a need
for a fresh look at the
Bank: A place that will lend forums or NGOs for the the redressal machinery machinery already set up
you money only when you
don't need it. redressal. Can he afford to is desirable. The to protect consumer
CEO: Chief Embezzlement hire the services of a good cumbersome procedure interests. Establishment
Officer. advocate to fight the case for filing a case adds to of more number of mobile
CFO : Chief Fraud Officer. against such the burden of a consumer consumer courts and fast
----------------- multinational companies in the process of getting track consumer courts to
What's the difference between who have a turnover in justice. Consumers thus resolve minor issues
buying a lottery ticket and
buying a penny stock? In the crores of rupees per year? have the social should be done to make
first case, you help finance And then such forums too responsibility of exposing the judgement procedure
your local community
swimming pool. In the second
show inability at times to the manufacture fast. In the coming years,
case, you help finance the help the consumer, after suppliers or the service every consumer in his
stock promoters home pool. going through the providers for resorting to own interest has to
-----------------
cunningness hidden in illegal trade practices. realise his role and
A long term investment is a
short term investment that
every term and condition Unethical notings like importance in the right
failed. written in the owners Goods once sold will perspective. In a
----------------- manual. One wonders, never be taken back are competitive economic
A stockbroker is someone who who has authorised such in sharp contrast to the environment the
invests your money till it's all companies to incorporate practice in some of the consumer has to exercise
gone!
all such conditions that developed countries, his choice either in favour
-----------------
suit only them and not where the sellers declare; of or against the goods
A market analyst is an expert
who will know tomorrow why the consumer. The In case you are not fully and services. His choice is
the things he predicted concerned ministry is satisfied with our going to be vital and final.
yesterday didn't happen today!
aware of all this deceit product, you can bring He should realise his
-----------------
and yet, the consumer is the same to us within a importance and prepare
Momentum Investing: The
fine art of buying high and far from being the king. month for either himself to exercise his
selling low. Why? For one, he is replacement or return of rights with responsibility.
----------------- averse to be a litigant and your money. This is the It is very often stated
Value Investing: The art of prefers to suffer in result of consumer "Customer is sovereign
buying low and selling lower
silence. For another, the consciousness. and consumer is the
Bear: What your trade
account and wallet will be courts are so over- Consumers have to realize King." If that is really so,
when you take a flyer on that burdened with cases, their role and why do we have the
hot stock tip your secretary
gave you.
majority being trivial, that importance. The Consumer Protection Act?
Bull: What your broker uses
justice is invariably consumer movements can Why is there a need for
to explain why your mutual delayed, if not denied. The be winner movements protecting the King?
funds tanked during the last Consumer Courts were only with our active Should it not be rightly
quarter.
created with an objective involvement by knowing called "Consumer
-----------------
to dispose the cases our rights and enforcing Sovereignty Act"? It is for
QUESTION: When does a
person decide to become a within a very short span them. Formation of the consumers to decide.
stockbroker? of time, but the ground consumer associations in After all the dictum in
ANSWER: When he realizes he reality is that the case every town would be the democracy is, the citizens
doesn't have the charisma to
succeed as an undertaker. remains without trial for first step towards this get a government they
----------------- many years, thus defying path. It requires a deserve. Similarly, the
A stockbroker is a man who is the very objective of its voluntary effort involving consumers in society get
always ready, willing, and able establishment. Presently, the participation of one a position in the market
to lay down your money for
his commission. the courts are located at and all. If the consumers depending upon what
----------------- district headquarters. This remain passive, they will they do or do not do. It is
The Pessimist sees the glass as prevents consumers of continue to be exploited. agreed on all hands that
half empty. The Optimist sees far-flung areas, It is necessary that "consumer empowerment"
the glass half full. The Stock
Market Day Trader JUST
particularly in big states consumers take action in India has a long way to
ADDS WHISKEY ... like Uttar Pradesh and with solidarity to get a go. This is the right time
fair deal and timely to act.

CONSUMERS POWER | May 2010 | 8


Common Charter of
Telecom Services
2005

A
ll Service available to them at any disputes. They also agree accompany the letter of
Providers given point of time, the to resolve the disputes as request.
acknowledge the tariff rates applicable to per the guidelines of TRAI All Service Providers
rights of citizens to have each of these, their issued from time to time. agree to provide in their
a free choice in selecting validity, terms and All Service Providers bills related call and tariff
their Service Providers conditions, payment agree to provide an details, payment
and agree to promote their policies, the billing applicant basic telephone procedures and list of
services in the best spirit processes and connection within 7 days points at which payments
of competition and procedures and the of registration, subject to can be made by
traditions of service to structure within the technical feasibility and subscribers.
consumers. All Service organization where the mobile connection All Service Providers
Providers agree to information and immediately subject to agree to register
promote the consumers' clarification on consumer compliance of all required complaints in all areas of
right to education, choice, redress systems for formalities by the their service immediately,
representation and complaints and billing subscriber. if delivered in person or
redress. disputes will be available All Service Providers by e-mail and within 24
All service providers with all their relevant agree to repair the faults hours on receipt of the
assure that the privacy of contact numbers. within 24 hours of receipt complaint by post.
their subscribers (not All Service Providers of complaint from a All service providers
affecting the national agree to arrange human subscriber, wherever shall render service
security) shall be interface with responsible technically feasible. without discrimination to
scrupulously guarded. company executives All Service Providers every citizen as per his
All Service Providers whose name and identity agree to ensure shifting of eligibility defined below
assure that their are made known during telephone connection and who undertakes to
subscribers shall be the process of disputes within 3 working days pay all charges and
entitled to interact with resolution in addition to within the same deposits:
them, either personally or arrangements like exchange, 5 working days For the purpose of this
through their authorized Customer Care Service for intra city and 30 clause, a citizen shall be
representatives. through Call Centres. working days for inter defined as an individual
For information and All service providers city exchanges and above the age of 18 or an
education of subscribers, agree to inform their closure (disconnection) of institution, NGO or
all Service Providers agree subscribers on the reverse telephone connection business/service
to inform their of each* bill, their within 3 days, on receipt organization engaged in
subscribers of the broad consumer grievance of a letter of request from any activity which is
range of services offered, redress process with the subscriber. An permissible under the
the individual plans respect to fault authenticated copy of the laws of the land.
complaints and billing last telephone bill shall
Continued on Page 15

CONSUMERS POWER | May 2010 | 9


Impact of
Advertisements
on Rural Consumer Education
and Behaviour
shopping, newspapers, candy, lemon, drops etc.; any place. But this is not
magazine, radio and his first contact with the so today. Now the
television, influence us economy begins in a retail consumer is the choice
and increase our desire store. As a rural empowered consumer
more and more. Choice of consumer he has an who decides the fate of
Dr. Meenu Aggarwal any thing is very difficult. important role to play in the product with the
Reader & Head, Economics, Because now a days the economy. The way he rising of his earnings.
Ginni Devi Modi Girls (PG) College,
Modinagar different brands of the performs will in turn Thus, the manufactures
same product /materials affect the performance of are continuously engaged
are available in the the economy. Anyone who to understand the
market. How do rural consumes goods is a complex consumer

I n this story there are consumers decide what to


no heroes and
villains; just people
who believe they can buy
happiness, and
buy? Sometimes the price
for the same commodity is
different at different
places and at times one
consumer. Rural
consumers get exploited
in the market. They
respond to advertisement
and buy goods. Generally
behaviour better and
respond by offering goods
and services as desired by
them. However, in
scarcity, the buyer is
advertisers who support gets inferior quality advertisements do not compelled to buy things
this belief. Consumerism product for higher prices. give all the information whatever is available in
is one of religion's modern Lack of awareness on the that rural consumers the market. The key to
replacements and like part of rural consumer needs to know or wants to ensure consumer
religion it actively and absence of rural know about a product. In satisfaction lies in under-
encourages, then exploits, consumer organizations recent years behaviour of standing the consumers -
dissatisfaction with to protect their interests the rural consumers has his likes and dislikes, his
everyday reality. have complicated the changed. A few decades expectations and
P. Lutus in Consumer process of product ago rural consumers was motivations, in short it
August - 2001 evaluation by the rural a silent person who may be called as
Choice is a fundamental consumers' aware about uncomplainingly Consumer
problem for all human their rights and the purchased the goods from Behaviour.Consumer
beings and it is also a objects available in the
complex problem because market. All human beings
we are living in a kinds of have been consumer in Consumerism is one of religion's modern
entertainment of Riches every moment of their
age. There are new life, night and day. A replacements and like religion it actively
products, new kinds of rural consumer thus
encourages, then exploits, dissatisfaction
entertainment and new participates actively in the
services coming along economy from the day he with everyday reality.
constantly. Window- spends his first paise for

CONSUMERS POWER | May 2010 | 10


Behaviour refers to the society of which consumer Protection against all Impact of
acts of individuals directly is a part. In addition, types of pollution. Advertisement on Rural
involved in obtaining and environment influences The consumer movement Consumer
using economic process and purchasing power in India started in the Advertisements have
that precedes and affects choices to a large begging of 20th century. become an important part
determines there acts extent. Rural consumers The first known collective of modern business and
Consumers behaviour behaviour is also guided body of consumers in industry. It is therefore
research also considers by those needs, which are India was set up in 1915, not surprising that we are
that rural consumers as yet not satisfied. with the 'Passengers and confronted by them
make use of the goods Traffic Relief Association' wherever we go, We see
they buy and the Factors Influencing in Mumbai. It was formed them in newspapers and
evaluation of these goods Consumer Behaviour with a view to reduce the magazines on television
after use. hardships and trouble` and the internet, hear
Needs / Attitudes/ Habits faced by the passengers them over the radio and
Rural consumers make That influence travelling by railways and see them on buses, taxis
choice under the Consumption decisions steamers and also to and trains.
influence of two factors Consumer Choice redress the grievances of Advertising as an
+ Purpose, need or desire. Behaviour/ experiences the Indian Trading industry has been a
+ Behavioral pattern. that Reduce/ maintain or Community. steadily growing industry
Purpose, need or desire. enhance Lifestyle The 'Indian Association of since the eighties. It is a
A rural consumers will resulting in Consumer Consumer (IAC)' was set complimentary
not buy a medicine unless satisfaction Consumer up in Delhi in 1956, and relationship that develops
someone is sick, if he is lifestyle all India Association for for mutual benefits.
rational. But he may buy consumers' interest with Product and services'
a cake if he is with his History of Consumer government support. This promotion through
friends. He may not do so Movement body had luminaries like advertising requires large
if he is alone. Event such An important socio- Shri Manmohan Sehgal, and extensive canvas and
as festival, marriages, economic movement Mrs. Shushila Nair and far-reaching and
birthdays, transfers etc. confronting the business Shri Guljarilal Nanda, penetrating means of
may occur which gives is the growth of among others. communication.
rise to needs for a specific consumerism and the The world has witnessed Advertisements are
period of time. legislative measures to rapid growth in created by sellers of goods
Behavioral Pattern It is produce the consumers. It consumerism and hence and services to boost the
a familiar phenomenon to is said that Indian consumer protection has sales of their products
find people reacting to a consumers are cheated to become an important and often published or
situation or environment the tune of Rs. 2000 aspect of modern life. To broadcast repeatedly in
in different ways at crores annually through protect the consumer the media. The idea is that
different times; Behaviour the various devices various countries have through repeated
and attitudes depend on a invented by the enacted consumer reminders, a customer
number of factors such as businessmen and traders protection laws. India has comes to remember the
habit, recognition, and and hence, the need for also witnessed a slow product and, hopefully,
price impulse, emotion consumer protection. The growth rule in India. The ends up using it.
and unpredictability. protection that the colonial masters brought All advertising is
These are briefly consumers required is of with them mass psychological. Their
discussed below: the following types: consumption age in India purpose is to create a
+ Habit Protection against unfair and thus also came the demand, desire
+ Recognition and deceptive trade exploitation of impression and to expand
+ Price practices. consumers. With the sales. This is to
+ Impulse Protection from monopoly growing of numbers of accomplish by attracting
+ Emotion and restrictive practices. atrocities on consumers attention creating
+ Unpredictability Protection against unsafe the government enacted perception and interest
In general, rural or harmful products that series of consumer's and making the
consumers behaviour are endanger the health and protection laws. advertisement being
influenced by tradition the well being of understood easily, thereby
culture, religion, and consumer. arousing and creating a

CONSUMERS POWER | May 2010 | 11


favorable image. There are pays for most of our Advertisements awares director, writer, junior
several so many impacts means of communication. you about the product like artist etc.
that accrue to consumers Even a newspaper cost product price, availability Recently, the greatest
as a result of growth of would be beyond the about the product, emphasis has been on the
large-scale advertising. reach of a common man. sources, company name, depth approach. Clever
These are as follows: The press and a large part even ingredients of the advertising copy is
Advertising is of the entertainment product. especially aimed to
educational, as newer industry like television, This information helps promote purchasing
products are known; radio and magazines are the rural consumers to through non-rational and
standard of living is at large supported by save consumers time and impulsive logics instead of
improved and thus advertisements. efforts. Those people who rational and logical
increased satisfaction in Advertisement serves the are illiterate the see the approaches. The
daily lives. public. Red cross etc. have advertisements and advertising has become a
Advertisements do benefit been aided in many ways become aware about the professional persuasion to
consumers in certain and as such it serves product. They spend our manipulate the
ways. For example, public welfare also. It money in the right way. consumer's buying
consumers are exposed informs consumers about Administration, attitude. Advertisers reap
to variety of brands for a where to shop. There is advertisers of drug food, rich dividend from the
given product. They are not a day of the week cosmetics preparations knowledge, that consumer
then able to compare the when consumers, are not and vitamins frequently on the whole are gullible
choices available and advised of special sales in misrepresent their and that few people have
select the one that suits departmental stores, products by label mastered the art of
them best. Businesses super markets or advertising literature reading advertising
also use advertisements to specialty shops. Home- containing magic words. material with a critical
introduce new products. owners receive valuable Advertising very often eye.
Consumers therefore hints and proper product winds even greater For these reasons it is
receive information on selection. victories through the line indeed like looking for the
the latest goods and Advertisement provides of appeals to sub proverbial needle the
services available in the useful information for conscious needs. Modern haystack as contact less
market. As more and rural consumers also advertising specialists in a summing pool to
more new products about products and their have learnt to successfully collect a food sampling of
become available, uses. It helps them to control feelings of quit, straight honest
businesses are forced to develop better habits and fears, loneliness, doubts advertisement.
produce goods of better they improve better life and insecurity. One might
quality and improve the style. properly classify the Forms of Advertising
level of their service to advertisers as:- Vultures There are so many forms
keep up with the For Example who feast on the secrets, of advertisements,
competition. The Advertisement reminds miseries, misfortunes and including so many things
availability of better you to brush your teeth weaknesses of human in the advertisement
quality and services two times a day, use beings. They work on which are as follows :
obviously benefits better shampoo for hair man's mind and his soul. + Direct-Mail Advertising
consumers. falling problem. Know a day's + Informational
Advertising helps in Advertising maintains advertisement is an Advertising
communication. high standards. Since a important source of + Institutional
Advertising is the vast majority of products income for websites, any Advertising
brainchild of a succeed in acquiring a show of the college also so + Outdoor Advertising
mechandise. Advertising reputation, which leads to many big and small + Product Advertising
pays for most of our good public acceptance as company sponsors the + Speciality Advertising
means of communication. a direct result of effective shows, newspaper, + Media
It leads to communication advertising, the sellers magazines, radio, + Social network
at lower prices, thus are forced to assume the television etc. advertising
permitting consumers, to responsibility to maintain Advertisement provides
have more purchasing the original specification direct and indirect A new form of advertising
power for other of the products they seek employment to a large that is growing rapidly is
merchandise. Advertising to sell. number of people creative social network

CONSUMERS POWER | May 2010 | 12


advertising. It is online watch engraved with the their rights and and recognize their
advertising with a focus Bulgari logo. responsibilities. In product. Part of this
on social networking Consumer Education developing such money goes to the
sites. This is a relatively Government and private programmes special production of the
immature market, but it agencies in India offer attention should be given advertisement, packaging
has shown a lot of rural consumers to the needs of of the product and buying
promise as advertisers education programmer disadvantaged consumers. of advertisement space in
are able to take advantage and widely disseminated The important points of newspapers and
of the demographic consumer information Consumer Education are magazines, on billboards,
information the user has system. Some of the as follow : television and the radio.
provided to the social reputed private The cost of advertising is
networking site. companies involve 1.Introducing rural partly borne by
Friendertising is a more themselves with rural consumer education in consumers, who end up
precise advertising term consumers education the basic curricula of paying more for a product
in which people are able giving high emphasis to the education system; than they would
to direct advertisements the motto educated 2.Governments to develop otherwise have to.
toward others directly consumers make better consumer education Advertisement can be
using social network consumers along with programmes in mass misleading. To boost sales,
service. their selling portfolio. media aimed at rural they are made to appeal to
Celebrities Advertising: Even after, consumer and illiterate the purchaser's vanity-this
This type of advertising education in India is still consumers. expensive face cream will
focuses upon using practically not so widely 3.Education programmes make you look beautiful;
celebrity power, fame, spread, the Union particularly for the that vitamin supplement
money, popularity to gain Government has been benefit of low-income will help you stay young;
recognition for their making efforts to educate consumers in rural and these pills will make you
products and promote the rural consumers. The urban areas; slim without the need for
specific stores or right to consumer 4.Business to exercise. Such claims are
products. Advertisers education means the right undertake/participate in often exaggerated but
often advertise their to acquire the knowledge factual and relevant believe by many.
products, for example, and skills to be an consumer education Advertisement was once
when celebrities share informed consumer. Thus, programmes; and upon a time the tool for
their favourite products the right to consumer Governments to organize creating awareness about
or wear clothes by specific education envisages the training programmes their product among the
brands or designers. right to knowledge and for education, mass people. But now-a-days it
Celebrities are often skills needed for taking media professionals etc. creates problem among
involved in advertising actions to influence the people and putting
campaigns such as factors, which affect In the modern era it is problematic burden on
television or print adverts consumers' decisions. mandatory to protect the the families.
to advertise specific or According to the rural consumers rights Awareness has to be
general products. guidelines, the and empowering them by created among the rural
Covert advertising: governments should education. They should consumers about the good
Covert advertising is develop and encourage not take the decision quality of products and
when a product or brand the development of always on the basis of services. Largest number
is embedded in general consumer advertisement. The cost of of consumers live in the
entertainment and media. education programmes, making advertisement is rural areas in India. So
For example, in a film, the bearing in mind the usually very high. protecting the rural
main character can use cultural traditions of the Businesses have to spend consumer has to be a
an item or other of a people concerned. The large sums of money to priority.
definite brand, as in the aim of such programmes get consumers to notice
movie Minority Report should be to enable people
where Tom Cruise's to act as discriminating
rural consumers, capable
The governments should develop and
character John Anderton
owns a phone with the of making informed encourage the development of general
Nokia logo clearly written choice of goods and
in the top corner, or his services, and conscious of
consumer education programmes.

CONSUMERS POWER | May 2010 | 13


Your Rights as a
Telecom Consumer
Basic Information on Telecom tariff/charges and rates
related issues from Telecom Regulatory Authority of India
that specifies your rights.

T he customer must
be given complete
details of tariff plan
including charges payable
for every item included in
versa without paying any
fee or charges for
migration and without
change of telephone /
mobile number.
in any tariff plan. If
chargeable, it shall be
optional for customers.
Customer consent a
Call Center shall register
the complaint / request
and provide docket
number to the
complainant.
must for providing
the plan within a week of Even if the talk time value Chargeable Value Added In case the customer is
activation of service. has been exhausted, the Services not satisfied with the
While taking the new prepaid customers should No chargeable value added redressal of his complaint
connection, you can get all the services, which service like ring tone, at the Call Center level, he
obtain the contact details do not affect talk time caller tune, missed call may approach the Nodal
of the Call Centre, Nodal value, like incoming alert, music / songs etc. Officer and then the
Officer and appellate calls/SMS etc. during the shall be provided to a appellate authority. For
authority of service entire validity period. customer without his/her contact details of Call
provider for making your Unused balance in the explicit consent. Centre, Nodal Officer and
complaints. prepaid card at the end of appellate authority, you
All communications/
No hike in any tariff item the validity period is to be may visit the Website of
advertisements relating to
or charges is permitted carried forward if your service provider.
premium rate services e.g.
during six months from recharged during the ring tones, wallpaper, Complaints pertaining to
the date of enrolment of grace period specified for service disruption / faults
astrology, quiz etc. should
the subscriber in a tariff the purpose. have the pulse are to be attended within
plan. Fixed line and broadband rate/charges for the a maximum period of 3
In tariff plans having customers to be given service. days and billing
validity of more than six rental rebate for faults not Whom to contact in case complaints within 4
months including lifetime rectified within 3 days of weeks by telecom service
of telephone / mobile
plans no tariff item or making complaint. provider. In the event of a
complaints?
charges shall be increased No rental for national request for termination,
All service requests/
at any time during the roaming facility. Receiving complaints are to be made the services shall be
promised validity period. SMS is free while national to the Call Center. The terminated by telecom
'Lifetime validity' means roaming.
the duration of the Processing fee, if any, in
current license or
renewed license of the
the talk time top up Do you know?
recharge shall not exceed
service provider. Rs.2/-. Fixed line and broadband customers to be
The customer is free to
move from one tariff plan
Calling Line Identification given rental rebate for faults not rectified
Presentation (CLIP)
to another, including post facility cannot be made a within 3 days of making complaint.
paid to pre paid and vice compulsory item of tariff

CONSUMERS POWER | May 2010 | 14


service provider within a Rs.5.35 per channel per services, the customer Consumer Forum
maximum period of 7 month (excluding taxes). may contact the Call Complaints alleging
days and bills to be raised STB only required for Centers on toll free violation of the
after adjustment of getting pay channels. numbers of the service Authority's direction/
security deposit. STB to be made available provider. orders/regulations are
How to stop getting for a deposit of Rs.200/- Individual Consumer handled in TRAI.
unwanted with a monthly rental of Complaints / Disputes TRAI invites all the
telemarketing Calls and Rs.34/- or deposit of Individual consumer stakeholders to visit its
SMSs? Rs.750/- with a monthly complaints / disputes website: www.trai.gov.in
A customer who does not rental of Rs.22/- to the which are maintainable for full details of the
wish to receive unwanted new customers. before Consumer Forum Regulations, Tariff
commercial calls or SMSs Your Multi System are not handled by TRAI. Orders, and Directions
can register his telephone Operator (MSO) is Customer has to seek issued by the Authority
number in the National required to maintain redressal of the grievance from time to time.
Do Not Call (NDNC) Customer Service Center with the service provider (Issued in public interest by
Registry by dialing '1909' for receiving your as per the regulations or Telecom Regulatory Authority of
or sending SMS by typing complaints. can seek remedy in the India)
START DND and send it All complaints made will
to 1909. be registered and given a Continued from Page 9
In case the customer docket number. Common Charter of
receives unsolicited
call/SMS even after 45
Monthly bills with details
to be given to the
Telecom Services 2005
days of registration in the customer by the cable All service providers agree to provide information on
NDNC registry, complaint operator compulsorily. Directory Services and book complaints on toll free
can be lodged with the number for registering complaints.
TV services under
service provider within 15 All service providers agree to provide their subscribers
Direct to Home (DTH)
days of receipt of such satisfactory connectivity to their services and
unsolicited commercial The DTH operator has to
make schemes and offer interconnectivity to the extent of their respective legal
communication. obligation under the relevant interconnection agreement
Set Top Box (STB) on
Basic information and to ensure that subscribers do not suffer on account of
rental, hire-purchase
about Cable TV Services poor service.
basis and outright
in Conditional Access All service providers agree to allow emergency services
purchase basis. The
System (CAS) Areas like police, fire and ambulance for a period of 15 days
customer has the freedom
CAS is only available in to choose from schemes during which incoming facility is allowed, if technically
Chennai and parts of being so offered. feasible, even after the telephone connection is
Delhi, Mumbai and suspended.
In case of termination of
Kolkata. All Service Providers agree to achieve the minimum
connection, the service
All customers in CAS area provider has to give a benchmarks prescribed by TRAI with respect to the
will get 30 Free to Air notice to the customers. quality of service and also commit themselves to improve
channels without Set Top upon the standards of service at different points of time.
A subscription package
Box (STB) by paying Mutual courtesy and respect are the hallmarks of any
offered to a customer
Rs.82/- (excluding taxes) durable relationship between the Service Providers and
cannot be changed to the
per month. subscribers and both agree to abide by these principles.
disadvantage of the
CAS allows consumers customer for 6 months Though this charter is non-justiceable, service
choice of selecting from the date of providers agree to strive to adhere all the points
individual pay channel. subscription. contained in this charter and to make every effort to abide
No compulsion to take STB not to be disabled by the charter.
bundle of channels or in case there are no Clause 7 amended as agreed in the meeting of the CAGs
bouquets. dues. and service providers held on 24th January 2006 so as to
Pay channels will be In case of any complaint inform the subscribers through each bill instead of
available at the rate of or problem with the informing periodically.

CONSUMERS POWER | May 2010 | 15


State of
Consumer Awareness
in Shimla City
Dr. Mamta Mokta
Chairperson, Department of Public Administration,
Himachal Pradesh University, Shimla.

A customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him.
He is not an interruption in our work. He is the purpose of it. He is not an outsider in our business. He is a part of it.
We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so.
Mahatma Gandhi

T he world is a global
village and the
consumer is king,
yet he is striving to create
Moreover, the goods must
be acquired for final
consumption and not for
the purpose of
if he purchases goods for
commercial or resale
purpose (Rakesh
2000).The process of
district forum Shimla has
its jurisdiction over four
Districts of Shimla,
Solan, Sirmour & Kinnaur
a niche for himself. The manufacture or resale development coupled with District. While Mandi
growing interdependence (Agarwal, 1989) Every increasing liberalization district forum has its
of the world economy and individual irrespective of and globalization across jurisdiction extended over
international character of his age, sex, religion, the country has enabled Districts Mandi, Kullu
many business practices status is a consumer and consumers to realize their and Lahual Spiti. District
have contributed to the thus they are required to increasingly important forum Kangra's
development of consumer exercise proper check and role in society and jurisdiction extends over
protection (Gambhir caution while making governance( Aggarwal Kangra Chamba & District
,2007) Citizens have purchase of item (Sharma 2006). Forum Una's jurisdiction
always been exploited by 2005).A Consumer is Consumerism under extends over District Una,
agencies and institutions, anyone who buys or Himachal Pradesh Hamirpur and Bilaspur.
both in private and public agrees to buy any goods Consumer Protection The District Consumer
sectors, as they are not for a consideration which Rules 1988 Himachal Dispute Redressal Forum
orgnanised formally to has been paid or promised Pradesh State Consumer has jurisdiction to
take remedial action. or partly paid and partly Disputes Redressal entertain the claim,
Such complaints are more promised or under any commission, District where the value of the
in public utility services system of deferred Consumer Dispute goods and services and
like electricity, water, gas, payment. Redressal Forum were compensation claimed
railways, and transport. Consumer also includes established in 1989. does not exceed Rs.20 lacs
(Goel 2004) any user of such goods According to provisions of the state consumer
The term consumer has other than the person these rules Himachal dispute redressal
been defined as any who actually buys goods Pradesh has established commission has
person who seeks or and such use is made with four District Consumer jurisdiction to entertain
acquires goods for the approval of the Disputes Redressal the claims where the
personal, family or purchaser. However a Forums at Shimla, Mandi, value of goods and
household purpose. person is not a consumer Kangra and Una. The services and

CONSUMERS POWER | May 2010 | 16


compensation exceeds were not aware of them. Forum. But only 20% had know that no one can sell
Rs.20 lacs but does not Only 45. 45 % had made made complaint before more than MRP.
exceed Rs.1 Crore. The complain about it to the District Forum and AGG mark for
complaint can be filed concerned authorities. respondents had lodged agriculture products, ISI
within a period of 2 years Consumers give different complaint before State mark for electrical
from the date, cause of reasons for not Consumer Commission. appliances, BIS Hallmark
action arose within the complaining. Majority of Awareness level of for gold should always be
local limits of forum/ respondents, that is redressal procedure was checked at the time of
commission and the fee 42.85% believed that 46.36 %. Those 23.07% purchase.
for making complaint is problem is not so serious respondents, which were
Consumers should
Rs.100/- for total value of as to make a complaint. It not satisfied with the
habituate themselves to
goods or services and was observed that response of redressal
check the malpractices in
compensation claimed consumers in Himachal machinery, have given
the market rather than
upto Rs. One lac, Rs. 200/- Pradesh do not have the reason that the procedure
remain passive. They
above compensation of Rs. initiative to complain to is very complex. Thus it
should not hesitate to
Two lacs to Rs. Five lacs, the authorities concerned can be concluded that
question shopkeepers,
Rs.400/- is the fee- above despite of the fact that much more is required to
whenever they notice
Rs. Five lacs to Rs. Ten they know malpractices be done in the direction of
irregularities in their
lacs compensation , Rs. are going on. 50.90% consumerism to make
dealings, and if needed be,
500 is the fee above Rs. consumers respondents consumers aware about
report to the appropriate
Ten lacs to Rs. Twenty very often take cash- their rights.
authorities. The quality
lacs. Fees of Rs. 2000/is receipt after purchasing
levied above compensation the goods. Thus majority
Suggestions To Strengthen testing laboratories
The State Of Consumerism should be set-up in as
of Rs. Twenty lacs to Rs. of consumer in Himachal
many places in Himachal
Fifty lacs. Rs. 4000 is fees Pradesh had not fully In Himachal Pradesh
Pradesh as possible so
above Rs. Fifty lacs and comprehended the
The consumers should that consumers have easy
upto Rs. One crore and importance of cash-
always try to purchase and free access to them.
Rs. 5000/is the fee charges receipt. Without it,
standard goods of quality.
above Rs. One crore to be consumers, can not Consumers must be
Some quality marks have
paid in the form of exercise their rights, as a made to inculcate in
been patented by the
Crossed Demand Draft or consumer and seek themselves the habit of
government such as ISI,
Crossed Indian Postal redressal before the buying goods only after
WOOL mark, AGG mark,
order. (Administrative consumer court. Majority verifying the quality,
FPO, these marks ensure
Report, 2006-07) of the educated purity, price, weight,
the quality and minimize
respondents have no packing, manufacturing
Extent of consumer the complaints.
knowledge about date, expiry date etc.
awareness Data Analysis Consumers Protection If the goods being
Consumers in Himachal
and Findings Laws and 70.90% purchased are subject to
Pradesh should prefer to
consumers respondents guarantee or warranty,
The awakening among take cash receipt and
had no knowledge of the consumer must insist
consumer of their rights should always insist on it,
Consumers Rights,It was the trader to give him
and duties, social and because this small piece of
observed, that majority of signed guarantee/
legal obligation of the paper is very important.
respondents i.e. 81.81% warranty card.
business or government Without it consumers will
were unaware about The consumers must not be able to exercise
toward the consumer is
World Consumer Rights ensure the date of their right as a consumer
called consumer
Day 15th March. With manufacturing expiry and seek redressal before
awareness. It was found
regard to the most date, maximum retail the consumer court.
during a study conducted
significant Act, Consumer prices indicated on the
in Shimla city in 2009, As consumer education
Protection Act 1986 only packaged commodities.
that majority of is very important factor
48.18% were aware of the Remember MRP is not a
consumers, that is which influences
existence of State government fixed price
70.90% were aware of the consumers to act wisely
Commission and 57.27% and the consumer can
malpractices and 29.06 % in the market, it should
were aware about District bargain. He must always

CONSUMERS POWER | May 2010 | 17


be included in the syllabi maintain a close liaison motivate the consumers
in a phased manner from with consumers. through the mass media.
the high school level In Himachal Pradesh,
onwards.
CONCLUSION
more people should be
We still have miles to
In order to involve involved in consumer
move in the direction of
more and more youth for activities they should be
consumer protection in
the strengthening of motivated to unite
Himachal Pradesh. But
consumer movement in themselves in consumer
even longest journey
Himachal Pradesh, it is organisations.
starts with small steps so
suggested here that It is necessary that the hope for better prospects
Consumer Clubs should literature on the various of consumerism are
be opened in all the acts especially Consumer expected in Himachal
schools of Himachal Protection Act 1986, Pradesh in the near
Pradesh and efforts should be supplied to the future.
should also be sincerely consumers freely in
made to open theses clubs order to widen their scope
at colleges and university
level.
of understanding. SUBSCRIBE to
Consumers should be
To strengthen the state motivated towards the
of consumerism in
CONSUMERS POWER
realization of consumer's
Himachal Pradesh some Stand Price : Rs.25
rights in the market
Consumer Service Guiding environment. For this, 12 Issues : Rs.250
Centers should be set-up the government which Send your cheque/demand draft drawn in
by all government has at its disposal all the
departments as well as
favour of Citizens Awareness Group payable
required resources should
business houses to at Chandigarh
take the initiative and

FOR FINANCIAL LITERACY AND


INVESTMENT PROBLEMS
WITH REGARD TO
PUBLIC ISSUES (INITIAL PUBLIC OFFERING)
CAPITAL MARKET (EQUITY)
MUTUAL FUNDS
INSURANCE POLICIES
BANKING SCHEMES
DEPOSITORY ACCOUNTS
AND ANY OTHER MAJOR / MINOR DIFFICULTIES
FACED BY THE INVESTORS.

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CONSUMERS POWER | May 2010 | 18


A Report on
Role of Consumer
Disputes Redressal System in India
Issues, Challenges and Opportunities
Professor M.C. Paul, GAE,
School of Social Sciences, Jawahar Lal Nehru University, New Delhi

N ational seminar
on Role of
Consumer
Disputes Redressal System
in India : Issues,
attended the National
seminar for two days from
all over the country
belonging to faculty and
students from IIPA,
Pranab Banerjee, Prof.
Sheetal Kapoor, Prof. P.
Moorthy, Prof. Meenu
Agrawal, Advocate Rajeev
Saxena, Advocate Apurva
to take initiative as
regards to the enactment
of special Act to protect
consumer rights from the
free market activities. So
Challenges and Universities like A. Dave, Prof. Savita this year is the Silver
Opportunities on Pondicherry, Delhi Hanspal, Dr. S.K.Kejriwal, Jubilee year for issuance
12-13th March 2010 by University, JNU Dr. Ajay Kumar, Dr. O.P. of the UN Guidelines and
Professor M.C. Paul, GAE, University, Government of Samy, Mr. Hitoshi Ota it is certainly an
School of Social Sciences India, Judiciary, Senior (Japan) Brig. Manaktala, auspicious year for all of
of JNU, New Delhi in co- Advocates, NGOs/ VCOs, Capt. Dasgupta, Col. us gathered here to
operation with Professor Mass Media. They were Angad Singh, Col. Dua, deliberate on the issues
Bupinder Zutshi, CSRD. Justice J.D. Kapoor, Mr. Pankaj Singh, and challenges of
We are happy to note here former President of Delhi Advocate Biraja consumer rights
that the Hon'ble Minister, state Consumer Mahapatra, Advocate protection. In fact this
Prof. K.V. Thomas, MOS, Commission, Hon'ble Atulesh Kumar, Prof. Hari National seminar is a
Consumer Affairs, Justice R.K. Batta, Dev Goyal, Prof. M.C. Paul humble attempt to pay a
consented to be the Chief Member NCDRC, Shri et al including many tribute to that spirit of the
Guest Since the topic of Anupam Dasgupta, students and faculty UN Guidelines. It is
the seminar was very Hon'ble Member, NCDRC, members and concerned equally true that based on
close to his heart but Mrs. Rajyalaxmi Rao, Aam Consumers. the UN guidelines, the
could not do so. As he former member of Welcoming the Government of India had
said, nevertheless, in NCDRC, Dr. P.K. Agrawal, participants Prof. M.C. taken the right initiative
view of some unavoidable, former Principal Paul, the Co-ordinator of in the Parliament and
unforeseen, urgent and Secretary, Department the National Seminar, has enacted a landmark Act
important Parliamentary Consumer Affairs, underlined the fact that called The Consumer
commitment I was unable Government of West this seminar is organized Rights Protection Act of
to avail the opportunity. Bengal, Sri Debasis as a mark of respect to the 1986. The basic purpose
All the participants were Bagchi, former Inspector true spirit of UN of this welfare Act is to
thankful to the Hon'ble General of Police, Dr. Guidelines for Consumer exclusively protect the
Minister for his best Prem Lata, Member West Protection (UNGCP) consumers from the
wishes and compliments District Fora, Mr. P.A. issued 25 years ago in various types of market
for the successful conduct Krishnamoorthy (GTZ), 1985. It was nonetheless exploitation.
of the seminar. Patrick Von Braunmuhl, a bold step that made He also expressed his
About 93 participants GTZ (Germany), Dr. Satya some of the world leaders extreme happiness that he
Sharma (Malaysia), Prof.

CONSUMERS POWER | May 2010 | 19


has received frustrating experiences 3-tier Consumer Disputes consumer rights).
overwhelming response the consumers undergo in Redressal system is Therefore, under this
from all the participants the Fora do not augur supposed to take pro- circumstance, whether
gathered in this seminar well; this is in spite of consumer approach and consumer is the 'King' or
which indicates nothing many success stories in adjudicate the matter on a Slave of the market is a
except the fact that the its credit. This is probably merit. BIG question. The
consumer rights issues due to several inherent This seminar was unsuspecting and gullible
are very close to every weaknesses. For example, organized to understand consumers and
one's heart, particularly in in the absence of adequate the various issues, particularly, those
this global era when knowledge and skills of challenges and belonging to under-
marketers of all kinds of consumer jurisprudence, opportunities of privileged and poorest
products and services are many administrators of Consumer Disputes sections of our society
on the prowl alluring the justice inappropriately Redressal system in with low purchasing
gullible consumers in dispense justice and India; and how best we power are the worst
different ways, often thereby undermine the can find answers to some victims of unbridled
without much respect for spirit of CP Act. If this is of these vexing questions market injustice and
the consumer rights. the story then something so that the agonies of the exploitation. It seems our
Frankly speaking, he must be wrong consumer victims are 'consumer rights are
pointed out that the somewhere and that's why minimized, if not under siege'.
market exploitation is the 3-tier Fora is not eradicated. Prof. Paul said The scenario gets uglier
rampant and the always in a position to frankly that there are and pathetic when
unsuspecting consumers serve its role effectively. many questions that need millions of our diverse
often fall trapped in the The consumer fora has collective thinking and consumers of our
fine lines of deals offered tremendous wisdom to find answers multilingual and
by the marketers. This is responsibilities to uphold as well as solutions to multicultural nation are
particularly true for the the spirit of the Act. It many such problems and not even aware of
people belonging to lower becomes more frustrating challenges the consumers Upobhokta Adhikar
socioeconomic strata of when the consumer face day-in and day-out in rightfully given by an Act
our multi-lingual and victims approach the market situations where of Parliament. The 'jago
multi-cultural society who justice delivery system the growing market grahak jago' slogan
are not even aware of with good spirit but fail to violations are incurring billions could
consumer rights given in get appropriate justice. It encountered. He also felt hardly empower the
the Consumer Protection is in this scenario that that many diverse issues consumers to save them
Act, and how to protect they suffer the double and challenges demand from the continuous
them. Even among the victimization syndrome: fresh thinking and market injustice and
educated sections the once in the market and, flexible approach, and for exploitation. I believe we
awareness level is not second in the hands of the this there is a need for also need to forcefully
high. This is pathetic fora. I strongly feel that sincere debate and make the 'Vyaparis also
when several dubious consumer complainants serious discussion by the Jago' with a slogan like:
marketers do not have have every right to get participants. 'Jago Vyapari Jago' to
much regard for proper justice since they respect consumers' rights.
consumer rights unlike in are also consumers of He also reminded that
since 1991, with the Otherwise the business
the developed countries. justice. When cases of people will have the last
Secondly, when the consumer disputes are market liberalization
policy of the government, laugh and go on doing
informed-consumers delayed and/or are not 'business' as it is!! We
approach consumer fora adjudicated properly on thousands of profit-
hungry marketers also know millions of
for redressal of disputes merit, it unfortunately educated sections are not
as a last resort as per the makes them hesitant to including the dubious/
unscrupulous ones have aware of their rights; how
Consumer Protection Act, approach the fora. This is to protect; and where to
they expect delivery of not that some good things been entering the market
arena who hardly care go for redressal when
quick justice on merit are not happening, but their rights are violated in
because it is a critical some good things have even to recognize, forget
about respecting the the market. Of course, for
component of consumer also gone wrong at many many people, ignorance
rights protection. But the places. We know that the upobhokta adhikar (the
becomes bliss. Some may

CONSUMERS POWER | May 2010 | 20


perceive it as a sheer fate State Consumer increasingly losing faith end users extended by the
when they get cheated, or Commission. Justice in quasi-judicial government in the
a part of karmaphal (to Kapoor has been in the mechanism. He was also budgets for the consumers
pay a price for past forefront of consumer not happy with the way are often disregarded by
misdeed). It is this rights protection; laws are being the businessmen or the
perception that empowers championing the cause of interpreted. He said producers. All the tax
the business class to pro- consumers, has delivered before giving any benefits are rather taken
actively violate the law of very enlightening and judgment, each and every away by the business
the land. I don't have any engrossing speech section of the law should people. He cited some
panacea but I am sure in covering many issues and be considered with such examples of life with
one thing that with our challenges faced by the elaborated meaning to pain how the companies
collective will and Consumer Disputes effectively use for amass huge wealth at the
wisdom, we may at least Redressal system in India delivering judgment and cost of consumers in
come out with certain with the help of his thereby protect consumer India. Indian market
remedies to protect our practical judical rights. And every kind of economy is becoming
rights as consumers experience over the years injuries such as physical, more exploitative; no
against the dubious but while solving umpteen mental, psychological etc. doubt under globalization
powerful marketers. We number of cases, faced by the consumer they offer wider choices
require a new mindset including the complex should be accounted and but do not always ensure
and an out-of-box ones, and delivering with compensated. what they propagate; and
thinking and whenever a zeal pro-consumer Prof. B.B. Bhattacharya, they show reluctance to
necessary involving the judgments by rightly Vice-Chancellor of JNU, protect consumer rights.
civil society in a big way interpreting the C.P. Act of
in his address as He was also unhappy with
to check the menace of 1986 to not only chairperson congratulated the way the advertisement
market injustice. We need protected consumer rights Prof. Paul and expressed strategies are increasingly
to walk together as but also strengthened happiness for holding the adopted which is actually
partners to change the them. seminar at a crucial misleading the consumers
present, to move to the He began his address with juncture of India's neo- due to which many
future and reach out to the statement that An liberal agenda-based vulnerable consumers fall
the people who need it. I enlightened Person is the business activities. He into their trap; and they
believe the challenges of empowered person. He showed his concern for throw many challenges to
consumer rights said India was first and the difficulties of the consumers in the market
violations can be foremost countries to consumers face in the to protect their rights. It
addressed only when we enact such a market places. He is here the role of
try to think differently comprehensive Act called highlighted how consumer fora finds its
together and voice our the Consumer Protection unscrupulous traders day- centrality and is vital. But
concerns to the Act, 1986. He underlined in and day-out indulging unfortunately the quasi-
authorities with that it was a good in malpractices causing judicial bodies like
constructive suggestions endeavour to provide full tremendous harm to aam consumer fora are not in
to appropriately amend protection to the consumers. He also a position to expeditiously
the CPA, if required. Along consumers. But he was expressed his reduce the sufferings of
with policies we also not satisfied with the way unhappiness on the consumers due to certain
require honest efforts to consumer courts are misleading advertisement inherent weaknesses; and
implement these. Of functioning. Judicial of 'Jago Grahak Jago' challenges of piling up of
course it is not a one way process is getting complex which is not cutting much cases with the rising
road. In other words, leading to harassment and ice. He also stated from awareness level of the
policy reform alone suffering; the consumer several of his studies done consumers. One of the
cannot be the only victims don't feel as an expert in several challenges is delay in
solution unless it is seen encouraged to go to the committees as well as his disposing of cases. It is a
to work on the ground. court. Thousand and experience show that how major challenge. Opening
Thereafter, the Keynote thousands of cases are the benefit/relief in terms Mediation Cell with the
Address was delivered by pending for the last 15 of Sales tax/Excise tax help of qualified
Justice J.D. Kapoor, years and because of this relief supposed to be mediators can definitely
Former President, Delhi consumers are percolated down to the be a way-out under the

CONSUMERS POWER | May 2010 | 21


present circumstances to consumer rights and how system. How the world's recommendations for the
help the aam consumers. to safeguard them. best Consumer Disputes government as well as for
We need to take this issue Last but not the least, the Redressal system in our the quasi-judicial bodies
up for further Vote of Thanks was country is gradually like Consumer fora, state
deliberations and extended by Dr. B. Zutshi. becoming ineffective/ commission, NCDRC,
discourse. Thereafter the Technical dysfunctional; and Central and State
Nevertheless, he strongly sessions took off and were thereby losing aam governments, if necessary,
felt that the consumer conducted by experts, consumers' confidence. by amending the unique
rights education and academicians several legal All these lively Consumer Protection Act,
awareness movements is experts including the discussions and 1986, to attain its very
the need of the hour Prof. Judicial officers from discourses in a friendly object keeping its spirit
Bhattacharya suggested NCDRC who conducted atmosphere made them intact.
that there is a great role Panel discussion on 13th come out with some
of NGOs, academicians, March for the benefit of pragmatic
and civil society to participants who had
generate awareness and several questions to field
knowledge by organizing to get answers from each
awareness drive, one of them.
undertaking In fact, the seminar
interdisciplinary studies, participants have
Wishing all members of
by initiating academic Citizens Awareness Group
discussed and debated success in achieving objectives
course, organize seminars host of issues related to
like this respectively so as consumer rights From.
to make the society and protection in India and Smt. & Wg.Cdr. D. N. Misra,
the people aware about on the eve of their
the role of Consumer th
50 Marriage Anniversary
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Standards
A Part of our Life
standards thermometers, A standardized product up to Rs. 50,000/-.
B.P. apparatus or cardio- is a sure passport to The BIS also has the
graphs. customer satisfaction. A power to search and seize,
A driver anywhere in the standard product assures in case reasonable doubt
world immediately that it has been produced exists, about any misuse of
recognizes the meaning of to comply with the the standard mark.
Renuka Salwan
Dy. Director (PR) various dashboard symbols requirement of relevant Consumers are advised to
Bureau of Indian Standards, Chandigarh when buying a new car. We standards protection from be careful about products
as consumers take exploitation and deception. carrying the label
standardization for The BIS is making conforming to ISI or

E veryone of us follow
some standards in
our day-to-day life
like office going, adhering
to traffic signals etc. , the
granted. Its absence
however can send us into a
fit of fury. Who, for
instance, has not been
concerted efforts to train
and educate various office-
bearers of consumer
associations about BIS
Fitted with ISI element
as these marking are
spurious and illegal and
mislead the consumers.
irritated by the seeming activities. Awareness Consumers are advised to
consequences are obvious,
lack of standardization of program are being be wary of such
if we violate them. In fact
clothes sizes or frustrated organized through its misrepresentations and
standardization touches
when the light bulb we regional and branch bring them to the Bureau's
every aspect of our life be it
brought for our lamp does offices. Efforts are also notice.
our daily life, our work
not fit or the safety razor being made to spread As a quality conscious
places, our movement or
blade does not fit into the awareness about consumer you must try a
any other activity. It is the
safety. standardization and the wide range of standardized
foundation stone on which
If safety, compatibility, BIS role among school goods available in the
our society is built.
reliability and quality are children so as to bring market. Your feedback
Standardization is a
clearly crucial factors for about an understanding would help the BIS tighten
universal phenomenon and
consumers, value for about the role of the supervisory control
you observe it in nature all
money is another gain, the standardization during over manufacturers and
the time. You see the
consumers make from during their formative this, in turn , would help
orderly movement of
standards. In today's time years. the industry concerned to
planets, starts chance of
of open economy, world The BIS has all India become a trusted and
seasons, seasonal growth
wide standards create the network. Its consumer's respected enterprise for
of plants. The structure of
condition for open trade affairs department is there the common man, thereby
flora, fauna and human
which put manufacturers to help consumers, in case making a vital
being is standardized.
and the consumers in a they come across any BIS contribution to the
Coming to the benefit of
win-win situation. For the certified product which improvement of life. So,
standards, imagine the
manufacturers, the cost of they deem to be when you are out shopping
ordeal in selecting a book
seeking to satisfy different substandard. The use of next time, do not shop
of your choice in case of
national market needs is standard mark or its blind folded and be careful
urgency from a library
reduced and the customers imitation is an offence that you buy quality
which does not follow a
benefits from competition under the BIS act, products. There might be a
standard practice, imagine
among suppliers vying to punishable with slight price difference but
the plight of a patient and
meet his needs. imprisonment extending life after all is a matter of
doctors using non-
up to on year and a fine of quality and safety..

CONSUMERS POWER | May 2010 | 23


An Introduction

TRAI
Telecom Regulatory Authority of India
Authority of India (TRAI) (iv) ensure the quality of important role in
was constituted in 1997 service; facilitating competition,
under The Telecom (v) monitor the quality of monitoring quality of
Regulatory Authority Of service and conduct service, regulating tariff,
India Act, 1997, dated the periodical survey ensuring universal service
28th March, 1997. The Act of such provided by obligation and involving
Dr. Akshat Mehta
Reader, Deptt. Public Adminstration was further amended in the service providers; various stakeholders. TRAI
Punjab University, Chandigarh the year 2000 by the and has issued several Orders,
promulgation of The Directions and Regulations

P rior to the 1991-92 Telecom Regulatory (vi) ensure effective addressing the concerns of
economic Authority Of India compliance of consumers including the
liberalization, (Amendment) Ordinance, universal service Quality of Service
telecommunication 2000, dated 24th obligations (Gazettes standards.
services in India were January, 2000. The major of India, 1997, 2000).
TRAI has institutionalized
monopoly of the state aim of TRAI is to provide The TRAI comprises a full mechanism for registration
sector. These services were an effective regulatory time Chairperson, not for consumer
opened to the private framework, adequate more than two whole time organizations with it. TRAI
sector during post- safeguards to ensure fair members and not more interacts periodically with
liberalization period. Since competition and protection than two part-time these consumer
the entry of private sector, of consumer interests. members, to be appointed organizations or Consumer
these have witnessed a TRAI has been assigned a by the Central Advocacy Groups (CAGs).
phenomenal growth in large number of functions, Government. Special Citizens Awareness Group,
terms of increase in out of these the most knowledge of, and Chandigarh is one amongst
number of services and important functions professional experience in 41 such groups. Through
service providers. The include, to: telecommunication, mutual discussions
growing role of the private industry, finance, between these consumer
sector in the telecom sector (i) facilitate competition accountancy, law,
and promote efficiency management or consumer organizations and service
has raised policy questions providers, a Common
such as fair competition; in the operation of affairs constitutes the
telecommunication Charter of Telecom Service
prices; quality of services qualifications for was finalized, under the
and social and spatial services so as to appointment as
facilitate growth in aegis of TRAI to be adopted
equity. Keeping this in Chairperson or members of by the service providers on
view, the such services; the Authority. The term of a voluntary basis.
Telecommunication Policy, (ii) protect the interest of the Chairperson and other
1994 envisaged setting up the consumers of members is for three years There are lots of consumer
of a regulatory authority. telecommunication or till they attain the age of complaints in the telecom
In 1997, the government service; 65, which ever is earlier. sector. Absence of defined
of India set up the Telecom framework for functioning
(iii)lay-down the standards For day-to-day work, the of the existing redressal
Regulatory Authority of
of quality of service to TRAI has full time mechanisms is leading to
India (TRAI). employees also.
be provided by the customer dissatisfaction.
The Telecom Regulatory service providers; Since its inception, TRAI Recently, Telecom
has been playing an

CONSUMERS POWER | May 2010 | 24


Regulatory Authority of the quality of services and
India has come out with ensuring effective Disclaimer
Telecom Consumers compliance of the The publishers regret that they cannot accept liability for error omissions
contained in this publications, however caused. The options and views
Protection and Redressal of universal service contained in this publication, however are not necessarily those of the
Grievances Regulation, obligations. However, TRAI publishers. Readers are advised to seek specialist advice before acting or
2007 (3 of 2007), dated suffers from many information contained in this publication, which is provided for general use
and may not be appropriate for the readers particular circumstances. The
4th May 2007 which calls limitations; the important ownership of trademark is acknowledged. No part of this publications or any
for the establishment of limitations include lack of part of the contents thereof may be reproduced, stored in retrieval system or
three tier redressal adequate powers to execute transmitted in any form without the permission of the publishers in writing. An
exemption is hereby granted for extracts used for the purpose of fair reviews.
grievance mechanism, its decisions; ineffective in
namely: (a) Call Centre, ensuring quality of service Publisher's statement
(b) Nodal Officer, (c) as per the benchmarks in
Statement about ownership and other particulars about Investors Update required to
Appellate Authority. It is case of certain parameters be published under Rule 8 of the registration of Newspapers (Central) Rule, 1956
FROM IV (See Rule 8)
hoped that this mechanism of quality, such as, call
would go a long way in completion rate, signal 1. Place of Publication : Chandigarh
2. Periodicity of its Publication : Bi-Monthly
ensuring consumer clarity and inter-cellular 3. Printer's Name : Nex-Gen Graphibiz
a) Nationality : Indian
protection. connectivity; and b) Whether a Citizen of India : Yes

It has been seen that TRAI ineffectiveness in Address : Plot No. F-191, Industrial Area, Phase 8-B, SAS Nagar, Mohali, Punjab
4. Editor/Publisher's Name : Surinder Verma
has been making its spreading of telecom a) Nationality : Indian
b) Whether a Citizen of India : Yes
utmost efforts in services to the rural areas. Address : #2812, Sector 38-C, Chandigarh

facilitating competition It is suggested that TRAI (O) 0172 - 4007412,


Email : citizenawareness@yahoo.com
thereby promoting may be provided more citizenawarenessgroup@gmail.com
www.cagchandigarh.in
efficiency in the operation teeth as powerful TRAI can
enforce the quality of I, Surinder Verma hereby declare that the
of the telecom sector, particulars given above are true to the
protecting the interest of service norms more best of my knowledge and belief.
Sd/-
the consumers, monitoring effectively. Mr. Surinder Verma

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Child labour in India
Dr. Babita Agrawal,
Associate Prof. & HOD Economics,
A K P G College, Hapur, Ghaziabad, UP
STOP
CHILD
LABOUR

Introduction the children are ill


nourished. Most of the Policies of child labour

C
hild labour in India is migrant children, who
cannot go home, sleep at There are specific clauses in the draft of Indian
a human right issue constitution dated 26th January 1950, about the child
for the whole world. It their work place, which is
very bad for their health and labor policy in India. These are conveyed through
is a serious and extensive different articles in the Fundamental rights and the
problem, with many children development. Seventy five
percent of Indian population Directive Principles of the State Policy. They lay down
under the age of fourteen four specific policy rules regarding child labor.
working in carpet making still resides in rural areas
factories, glass blowing units and are very poor. Children
in rural families who are They are as following:-
and making fireworks with
bare little hands. According ailing with poverty perceive 1) Article 14) No child below the age of 14 years shall be
to the statistics given by their children as an income employed to work in any factory or mine or engaged
Indian government there are generating resource to in any other hazardous employment.
20 million child laborers in supplement the family 2) Article 39-E) The state shall direct its policy towards
the country, while other income. Parents sacrifice securing that the health and strength of workers,
agencies claim that it is 50 their children's education to men and women and the tender age of children are
million. the growing needs of their not abused and that they are not forced by economic
younger siblings in such necessity to enter vocations unsuited to there are and
In Northern India the families and view them as
exploitation of little children strength.
wage earners for the entire
for labour is an accepted clan. 3) (Article 39-f ) Children shall be given opportunities
practice and perceived by the and facilities to develop in a healthy manner and in
local population as a The Indian government has conditions of freedom and dignity and that childhood
necessity to alleviate poverty. tried to take some steps to and youth shall be protected against moral and
Carpet weaving industries alleviate the problem of child material abandonment.
pay very low wages to child labor in recent years by
invoking a law that makes 4) (Article 45 ) The state shall endeavor to provide
labourers and make them
the employment of children within a period of ten years from the commencement
work for long hours in
below 14 illegal, except in of the constitution for free and compulsory education
unhygienic conditions.
family owned enterprises. for all children until they complete the age of fourteen
Children working in such
However this law is rarely years.
units are mainly migrant
workers from Northern adhered to due to practical
India, who are shunted here difficulties. Factories usually prevalence is evident in the children in harsh labor, the
by their families to earn some find loopholes and child work participation rate, harshest being bonded labor.
money and send it to them. circumvent the law by which is more than that of
declaring that the child Bonded labor traps the
Their families dependence on other developing countries. growing child in a hostage
their income, forces them to laborer is a distant family Poverty is the reason for child
member. Also in villages like condition for years. The
endure the onerous work labor in India. The meager importance of formal
conditions in the carpet there is no law implementing income of child labourers is
mechanism, and any punitive education is also not realized,
factories. The situation of also absorbed by their as the child can be absorbed
child laborers in India is actions for commercial families. The paucity of
enterprises violating these in economically beneficial
desperate. Children work for organized banking in the activities at a young age.
eight hours at a stretch with laws is almost non existent. rural areas creates a void in Moreover there is no access
only a small break for meals. Child labor is a conspicuous taking facilities, forcing poor to proper education in the
The meals are also frugal and problem in India. Its families to push their remote areas of rural India

CONSUMERS POWER | May 2010 | 26


for most people, which leaves replace this evil can go a long court that directed the State to wait but youth cannot be
the Hilden with no choice. way to solve the problem of and Union government to captured for long. It is
child labour. Children who make a list of all children imperative that the basic
Causes of child are born out of wedlock, embroiled in hazardous tenet made in article 24 of
labour orphaned or abandoned are occupations and processes. the Indian constitution -
especially vulnerable to They were then told to pull prohibiting the employment
Some common causes of
exploitation. They are forced them out of work and asked of any child below fourteen
child labor are poverty,
to work for survival when to provide them with proper years of age, in a factory,
parental illiteracy, social
there are no adults and education of quality. The mine or any other hazardous
apathy, ignorance, lack of
relatives to support them. judiciary also laid down that employment be stopped be
education and exposure,
Livelihood considerations Child Labour and Welfare adhered to. There should be
exploitation of cheap and
can also drive a child into the Fund is set up. The no ambiguity in ensuring the
unorganized labour. The
dirtiest forms of child labour contribution for this was to right of every child to free
family practice to inculcate
like child prostitution and be received from employers basic education and the
traditional skills in children
organized begging. who contravened the Child promise of the constitution
also pulls little ones
Labor Act. should be fully implemented
inexorably in the trap of It was also decided that both
India is also a signatory to in the here and now.
child labour, as they never the Union government and
get the opportunity to learn the State government could the UN Convention on the Projects related with human
anything else. legislate on matters Rights of the Child, ILO resource development,
concerning child labor. Abolition of Forced dedicated to the child welfare
Adult unemployment and
Various legislative initiatives Convention No 105 and issues must be given top
urbanization also causes
were also taken in this ILO Forced labor Convention priority by the central and
child labour. Adults often
regard at both the State and No. 29. A National Labor state governments to stop the
find it difficult to find jobs
Union level. Policy was also adopted in menace of child labour. Child
because factory owners find
the year 1987 in accordance labour laws need to be
it more beneficial to employ The main legislative
with India's development strictly implemented at the
children at cheap rates. This measures at the national
strategies and aims. The central and state levels.
exploitation is particularly level are The Child Labour
National Policy was designed Corruption and negligence in
visible in garment factories Prohibition and Regulation
to reinforce the directive child labor offices and
of urban areas. Adult Act -1986 and The Factories
principles of state policy in employee circles should be
exploitation of children is Act -1948. The first act was
the Indian constitution. dealt with very strictly by the
also seen in many places. categorical in prohibiting the
The above fact is beautifully judiciary and the police force.
Elders relax at home and live employment of children
on the labour of poor below fourteen years of age, expressed by Wordsworth in The development needs of
helpless children. and identified 57 processes his famous lines child is growing children can only be
and 13 occupations which father of the man. So it provided for, by stopping the
The industrial revolution has
were considered dangerous becomes imperative for the onerous practice of child
also had a negative effect by
to the health and lives of health of future of a labour in organized and non
giving rise to circumstances
children. The details of these community is in the well organized sectors with
which encourages child
occupations and processes being of its children. The a utmost sincerity. This is the
labour. Sometimes
are listed in the schedule to nation to protect its children only way a nation can train
multinationals prefer to
the said Act. from premature labour its children to be wholesome
employ child workers in the
which is hazardous to their future citizens, who are
developing countries. This is The factories act again
mental, physical, educational happy and prosperous. The
so because they can be prohibits the employment of
and spiritual development provision of equal and proper
recruited for less pay, more children less than fourteen
needs. It is urgently required opportunities for the
work can be extracted from years of age. However an
to save children from the educational needs of growing
them and there is no union adolescent aged between 15
murderous clutches of social children in accordance with
problem with them. This and 18 can be recruited for
injustice and educational constitutional directives will
attitude also makes it factory employment only
deprivation, and ensure that go a long way in stopping the
difficult for adults to find after securing a fitness
they are given opportunities evil practice of child labor.
jobs in factories, forcing certificate from a medical
for healthy, normal and
them to drive their little ones doctor who is authorized. Conclusion
happy growth.
to work to keep the fire The Act proceeds to prescribe
burning their homes. only four and and hour's The venerable Indian poet Concerned about the future
The incidence of child labour work period per day for Rabindranth Tagore has said of its children India has
would diminish considerably children between 14 and 18 time and again, that every implemented a country- wide
even in the face of poverty, if years. Children are also not country is absolutely bound ban recently, on children
there are no parties willing allowed to work in night by its duty to provide free below fourteen working in
to exploits them. Strict shifts. primary education to its the hospitality sector and as
implementation of child children. It is important to domestics. It is intended that
Moreover, in the year 1996 those who are found to
labor laws and practical and remember that
the Supreme Court of India
healthy alternatives to industrialization can afford
came out with a judgment in Continued on Page 28

CONSUMERS POWER | May 2010 | 27


The Consumer Panchayat
Plight of the rural and urban poor in developing countries
Mr. Bejon Misra,
Consumer Expert & Founder Trustee, Consumer Online Foundation,
New Delhi, INDIA

T he Consumer
movement in India
traces its antecedents
to the consumer organization
registered in Chennai in the
who earn a meager living out
of engaging in small trading
activities. Workers in the
unorganized sector are
estimated to constitute 92
and other consumers in the
rural areas. Indeed, all over
the developing world, the
interests of the rural and
urban poor are largely
Coordination Council (CCC),
a national coalition of more
than 60 leading consumer
organizations in India, it was
recommended that the time
1930's by a follower of percent of the country's work ignored and they are not had come for consumer
Mahatma Gandhi. This was force. represented as a community organizations to take their
at the height of Gandhi's The India legislation of consumers. Their rights movement to rural India.
campaign for freedom from expanded the traditional to basic needs such as food, More than 1000 delegates
colonial rule. However, it paradigm of consumer health and education remain representing various
was the enactment of the protection and paved the way unattainable and stakeholders including
Consumer Protection Act in for a paradigm shift. Indeed unachievable and this in representatives of the
1986 that provided the a revolution in the consumer spite of the many developing countries and
impetus for the consumer movement was set in process. development plans and consumers International
movement in India to However, this new vision of programmes that target them who attended the CCC
flourish. consumer protection has as beneficiaries. convention, held on 30-31
The Consumer Protection Act remained in the statute At the 4th National July 2005 at Vigyan Bhavan
1986 of India is unique in books; because it has largely Convention of the Consumer in New Delhi, agreed to
that it brought within its not been exercised and /or implement an action plan to
ambit of protection a whole implemented by all
class of consumers stakeholders in India
previously not recognized by namely the government, the Continued from Page 27
other consumer protection consumer organizations and
statutes. The 'self employed
who purchased goods and
industry. Child labour in India
The poor, the marginalized violate the law will be fined with 430 dollars and sent into
services for use in their own informal sector and the
small trades (including for rigorous imprisonment for two years. Children in India are
consumers in rural India not allowed to work in mines, factories and other hazardous
instance women doing who are the largest group of
household tailoring to earn jobs already. Two more professions have been added in a list
consumers in India of fifty seven occupations which were considered hazardous
an income, street hawkers (estimated at 700 million-
selling cooked or uncooked for a child's development needs in the 'child labor act' passed
strong out of a billion1) in 1986. Childs rights activists are waxing eloquent in high
food items, petty traders, today remain ignored and
etc.) were all included in the pitched voices about the absolute importance of stopping
unprotected. This is also the child labor. But legislation in this regard is just like an
definition of ' consumer. The case in China. The Law of
Consumer Protection Act intention. It is more important to take development
the Peoples Republic of China measures to ensure its practical application by eliminating
1986 of India therefore on the Protection of
explicitly called for the reasons of child labor from our society. The reasons
Consumer Rights and giving birth to child labor are poverty, illiteracy, scarcity of
protection of not only those Interests 1993 includes
who could afford to purchase schools, ignorance, socially regressive practices, blind
peasants within its ambit. customs and traditions, migration and last but not the least
goods and services in the Yet, the state has largely
marketplace but also corruption amongst employees and government labor
ignored the plight of farmers organizations. People should not be able to get away with
consumers from rural India

CONSUMERS POWER | May 2010 | 28


undertake this mammoth it has been decided by the leaders working in the the consumer movement to
task (available on consumers of rural India to national, regional and adopt the MDG targets as a
www.core.nic.in). It was organize a three days international consumer direction to which the
agreed that this needs to be International Convention at a movement to witness consumer movement and
undertaken by the consumer village location in the State of firsthand the plight of the governments in the region
organizations around the Uttar Pradesh in India from poor and to listen to the will be heading to alleviate
world in coming years. 27th to 29th September voices of the poor the suffering of the millions
On 23rd August 2005 in 2010. To know more about consumer; of consumers who are unable
Kuala Lumpur, Malaysia the the convention, please visit 3. To share information and to consume and claim their
members of Consumers www.consumerpanchayat.org educate the delegates basic needs.
International from the Asia or www.bejonmisra.com participating at the rural The event, planned by
Pacific region, while Objectives of the convention on the three Consumer Online Foundation
deliberating on the role of the main issues confronting along with all the
consumer movement in the
Convention: rural consumers i.e. food, stakeholders working in the
implementation of the 1. To develop a blueprint for health and education in interest of the consumers
Millennium Development developing countries in the context of the 8 will provide a platform to
Goals (MDGs) collectively Asia Pacific on how to consumer rights and their take into account the
declared that the consumer build a strong and link to the Millennium interests and needs of
movement should become effective consumer Development Goals consumers in developing
Pro-Poor, Pro-Rural & Pro- movement to tackle food, (MDGs) countries around the world.
Women in the coming years health and education The UN Guidelines for It will focus on the special
and to target their activities issues confronting poor Consumer Protection adopted problems faced by poor, rural
towards enabling the consumers living in rural by the UN General Assembly and women consumers and
fulfillment of the 8 MDGs by and urban slums and to in 1985, and expanded in seek to address the
2015. take into account the 1999 has hitherto provided imbalances in economic
(see www.ciroap.org/mdg for gender dimension in their the basic framework for the terms, educational levels, and
more information on the work in order to consumer movement and bargaining power these
conference outcomes). contribute towards the governments to organize groups of consumers face. It
Keeping in view a three- fulfillment of the MDGS their work. While this will will emphasize their right of
pronged approach to work on on food, health and still from the basic agenda, access to basic needs, as well
health, food and education to education. the current initiative of the as the right to just, equitable
empower the consumers and consumer organizations in and sustainable economic
2. To provide the real-time
bridge the gap between the India will in addition call on and social development.
environment of a village
rural and urban consumers, in rural India to the

Be Visible Be Wise
Citizen Awareness Group is registered with TRAI and Consumers Advocacy Group, since June 2009 and is a registered a
NGO under the society Act sicne December 1994 as a part of its endeavor to generate about the rights of consumer it
organises workshops in Northern region from time-to-time. Now it has started bi-monthly magazine, Consumers Power
which goes toa large number of consumers and service providers. The magazine is the right media to reach out to the
Consumers community at a most cost effective manner. As a regular advertiser
you can avail of a special discounted rates too.

Get special discounts on


contract rates
Position Single Insert 3-6 Insertions 10% discount
7-12 Insertions 20% discount
Back Title: Rs. 20,000
Inside Front title Rs. 15,000 The cheque should be drawn in
Inside Back Title Rs. 12,000 favour of 'Citizens Awareness Group'
Full Page Rs. 10,000 payable at Chandigarh.
Half Page Rs. 6,000 For more details :
Quarter Page Rs. 3,500 Mr. Surinder Verma
#2812, Sector 38 C, Chandigarh
M : 094170 08805

CONSUMERS POWER | May 2010 | 29


Consumer Awareness
Rights & Responsibilities
L iberalisation is paving
way for a market-
driven economy, where
the manufacturers seek to
maximise profits.
footwear, electrical
equipments, wires, cement,
LPG cylinders, stoves,
switches, plugs, sockets etc.
leading to many fatal
formed consumer groups to
work on the malpractices in
ration shops and
overcrowding in the road
passenger transport. The
District Forum deals with the
cases involving claims upto
Rs. 20 lakhs, the State
Commission between Rs.20
lakhs to one crore and the
Manufacturers are not often accidents. Adulteration of eighties witnessed an National Commission deals
concerned about the quality food is another major upsurge in the number of with the cases involving
of goods and services and problem. Milk can contain consumer groups. claims exceeding Rs. one
their impact on the health of detergent, refined oil, caustic crore. The objective of the
people and the environment. soda or urea. Mustard oil can The battle for consumer consumer courts is to ensure
Instead of the consumer be adulterated with argemone protection has to be fought by speedy justice to the
guiding the producer about oil and arhar dal with yellow many agencies. The consumers against various
what should be produced, it is colour. Vegetables and fruits Government has to play an malpractices and negligence
the producer who decides are artificially coloured. important role, by enacting without involving any cost,
what the consumer should Indiscriminate use of suitable laws and enforcing as no court fees is charged.
want. The plight of a pesticides by farmers and them effectively. India has Consumer courts have been
consumer is further untreated effluents by been observing 15th March set up as special courts, as it
worsened by the use of industries, have led to the since 1989 as the National was expensive and time
advertising techniques. problem of food Consumers' Day. This day has consuming to get justice
Consumers are saddled with contamination by pesticide a historic importance as it through civil courts.
the problem of choosing residues and toxic heavy was on this day in 1962, that
between too many products metals. the Bill for Consumer Rights The Consumer Protection
with too less information. was moved in the US Act, which has been defined
With the concentration of Although in Kautilya's Congress. Steps have been as the Magna Carta of
market in the hands of a few Arthashastra, strict rules taken by the Government of Consumers, spells out six
large corporations, it becomes were set for the trade and India by way of enactment of consumer rights: Right to
important that the consumers industry and punishments various Acts and other Safety, Right to Information,
are aware of their rights in for exploitation were measures to help consumers. Right to Choice, Right to
order to ensure proper prescribed. But, there was no Indian Penal Code, Standards Representation, Right to
standards for the goods and organised and systematic of Weights and Measures Act, Redress, and Right to
services for which they make movement safeguarding the Motor Vehicle Act, are some Consumer Education. India
payment. interests of the consumers in of the Acts. Despite these has the biggest consumer
India. Rampant food Acts, the fact remains that movement today due to the
There are many goods which shortages, hoarding, black very little could be achieved efforts of consumer
are sold in the market marketing, adulteration of in the field of consumer organisations and the
without much information food and edible oil gave birth protection. A major establishment of consumer
about their quality, quantity to the consumer movement breakthrough came during courts. India is the only
and purity. In case of goods in an organised form in the 1986 when Parliament country in the world which
meant for mass consumption sixties. Consumers started passed a law for Consumer has exclusive courts for
like, food, milk products, voicing their concerns and Protection Act -1986. Three- consumer redressal. This has
edible oil etc. the ingredients demanding better products tier quasi-judicial machinery been internationally praised
are not known. and services. Till mid at the district, state and including the developed
Manufacturers or producers seventies, consumer national levels was set up countries. The Consumer
seldom follow the safety organisations were largely with a view to provide speedy Protection Act (COPRA) has
regulations in the products engaged in writing articles and simple redressal to succeeded in bringing about
like, lamps, batteries, and holding exhibitions. They consumer disputes. The fair play in the supply of

CONSUMERS POWER | May 2010 | 30


goods and services to a large professional personnel, Unethical notings like Goods movements only with our
extent. The Act applies to requires time for filing the once sold will never be taken active involvement by
almost all goods and services. case and attending the court back are in sharp contrast to knowing our rights and
proceeding and certain other the practice in some of the enforcing them. It requires a
Still, the present scenario is formalities like producing the developed countries, where voluntary effort involving the
not very encouraging. bill, warranty cards etc. the sellers declare, In case participation of one and all.
Unfortunately the consumer These procedures need to be you are not fully satisfied If the consumers remain
courts have become replica of made simpler and quicker for with our product, you can passive, they will continue to
legal courts, as the procedure making the process more bring the same to us within a be exploited. It is necessary
is no longer simple and meaningful and realistic. month for either replacement that consumers take action
quick. The consumer or return of your money. with solidarity to get a fair
redressal process is relatively Consumers have the social This is the result of consumer deal and timely redressal. An
cumbersome and more responsibility of exposing the consciousness. Consumers alert consumer is a safe
expensive and time- manufacture/supplier or the have to realize their role and consumer!
consuming than desired. The service provider for resorting importance. The consumer
process involves engaging a to illegal trade practices. movements can be winner

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Activities
Citizens Awareness Group has been on the forefront of reaching out to the consumers and empower
them through various activities.

Shri Surinder Verma, Chairman of Citizens Awareness Group giving talk on the consumers rights at NSS Camp Republic Day Celebrate on 25 January 2010 with
in the Govt. Business College, Sector 42 Chandigarh on 12 December 2009. children

Shri Surinder Verma, Chairman of Citizens Awareness Group giving talk on the precautions that should be taken Save Girl Child Seminar organised by Citizen
by investors while dealing with the security market in the seminar of the Consumer Association Chandigarh and Awareness Group
Chandigarh Administration at the ICSSR Complex PU, Chandigarh on28 December 2009.

Citizens Awareness Group and Sewa Sanskar Foundation organised a function for the distribution of sweaters
and socks to out of school children of Alternative Innovative Education (AIE) centres in Govt. Model Senior
Secondary School, Sector 10, Chandigarh.

Seminar on Be Financially Literate: Save Your Investments organised by Citizens Awareness Group in International Womens Day Celebration on
Association with Telecom Regulatory Authority of India, New Delhi at the office of UGCE, Chandigarh 8th March 2010
on 12 January 2010.

CONSUMERS POWER | May 2010 | 32


Why deal with unauthorized operators ?
Buy or sell shares only through brokers registered with
Stock Exchanges.
Here are some Do's of stock investments: 1. Always insist on contract notes from your broker. Verify their genuineness on the on the
Exchange website. 2. Before you place stock orders with your broker, check the company's, redentials, recent announcements and
disclosures under various regulations. Accurate sources are Exchange and company websites, business magazines.
Don't's: 1. Don't keep your Demat Transaction slip book with any broker/sub-broker. 2. Don't get carried away by the onslaught of
advertisements about the financial performance of companies in print and electronic media.

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