IIPA

CCS Sponsored by

Department of Consumer Affairs Government of India

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A Quarterly eA Quarterly eA Quarterly eA Quarterly e----Newsletter of Centre For Consumer Studies (CCS)Newsletter of Centre For Consumer Studies (CCS)Newsletter of Centre For Consumer Studies (CCS)Newsletter of Centre For Consumer Studies (CCS) Vol. 4 No. 4 Oct — Dec 2011

An Inter School Competition on Consumer Awareness was organised by the Centre for Consumer Studies, the Indian Institute of Public Administration, New Delhi in collaboration with the Gen X Consumer Club of the Air Force School, Subroto Park, New Delhi on 19th Oct 2011. The Department of Consumer Affairs, Government of India, sponsored the competition. 13 leading Schools from Delhi participated in the

competition. Dr. P. D. Shenoy, Former Labour Secretary, GOI and Former Member of NCDRC was the chief guest of the event. In his , he emphasized that consumers should not only focus on their rights but also try and think about c o n s u m e r r e s p o n s i b i l i t i e s

which are equally important. He highlighted that con-sumer safety is another aspect which needs to be given due attention and especially children should take due care of safety instructions on products while purchasing and using products.

The objective of the competition was to create awareness among the students in the areas of consumer rights and responsibilities of consumers and role of individuals as consumers in the society. It was an effort to make students understand the role and importance of Consumer Protection. The Poster Making Competition was organized for two levels of students i.e. Group A – Junior level (classes VII, VIII, IX) and Group B- Senior level (classes X, XI, XII). The themes assigned to the groups were Safe Drugs and Energy Conservation. The overall Trophy for the event was won by Birla Vidya Niketan School, Saket.

A National Seminar on “Globalisation, Market and Consumer Protection” was organised by the Centre for Consumer Studies, IIPA in collaboration with Department of Political Science, Kumaun University, Nainital on November 1-2, 2011. Around 100 participants partici-pated in the seminar which included academicians from various universities in India, researchers, members from civil society organizations and students. Prof. Girijesh Pant, Vice-Chancellor, Doon Univer-sity in his Inaugural Address said that in the era of glob-

alisation and liberalisation the Indian market is undergo-ing a radical change. The globalisation on one side

empowers consumers and on the other side disempowers with the information it gives. There is need to link consumer movement with technology as the consumer is passive participant and not so powerful to bargain in the market. Empower-ing the consumer means empowering

ourselves. There is also a need for the academic community especially teachers and students to join the consumer movement which can definitely play an important role in fighting against the evils of market.

Prof. R. R. Jha, Director, Canadian Studies Programme, BHU, Varanasi in his address said that it is sad that universities have not taken much interest in the issues of social concern and have forgotten that university can play a very important role in nation building. The students are required to rope in important issues like consumer protection and this has to start from the school level. In her Presidential Remarks Prof. Lata Joshi, Officiating Vice Chancellor, Kumaun University said that consumer protection has become an important and relevant topic in this globalised world where the markets have become much more powerful. Therefore, government should take proper initiatives to regulate issues like misleading advertisements which is becoming a menace for consumers in this globalised world. Prof. Suresh Misra, Chair Professor and Coordinator, CCS said that globalisation has changed the world, the way we think and consume. Market is very tempting today. We have to decide where we have to stop, to make a rational decision.

The seminar was divided into four technical sessions in which around 35 papers were presented by various academicians, researchers, and students from various universities across the country. The sessions were interactive and followed by questions from participants and discussions.

The Centre for Consumer Studies, IIPA organized a two day Workshop on Consumer Protection and Consumer Welfare on November 11-12, 2011 in collabo-ration with Department of Commerce and Management Studies, University of Calicut, Kerala. Around 175 participants attended the seminar which included academicians, members of the District Forums, mem-bers from civil society organizations, representatives of government service providers and consumer cooperative

In this Issue

♦ The Inter School Competition on

Consumer Awareness

♦ National Seminar on Globalisation,

Market and Consumer Protection

♦ Workshop on Consumer Protection

and Welfare at University of Calicut

♦ National Seminar on Globalization

and Consumer Rights at Balasore, Odisha

♦ Half Day Seminar on Globalization

and Consumer Rights

♦ Non-advocates can Appear Before

Consumer Fora: Supreme Court

♦ Banks can't Changed the Rate of

Interest Arbitrary After the Agree-ment: NDRC

♦ xSl flysaMj ls nq?kZVuk gksus ij xzkgd dks gS {kfriwfrZ ikus dk vf/kdkj

♦ vc rhu eghus rd gh oS| gksaxs psd] Mªk¶V

♦ ,lh Vªsu esa lQj ds fy, vkbZMh izwQ t:jh

♦ gkVZ vVSd vkSj Vkbi&2 Mk;cVht ls cpkrh gS pk;

♦ foVkfeu lh ls [kRe gksrk gS dSalj dk V~;wej

Editorial Team

Prof. Suresh Misra Dr. Sapna Chadah Dr. Mamta Pathania

Research and Design

Dr. Amit Kumar Singh Mr. Virendra Nath Mishra

Contact Us Centre for Consumer Studies

Indian Institute of Public Administration, Indraprastha Estate New Delhi - 110002 Tel. 011-23468347

23468434

Email. ccs.iipa@gmail.com

Website www.consumereducation.in

Facebook consumerdialogue@gmail.com

The Inter School Competition on Consumer Awareness

Prof. Suresh Misra giving the Winning Trophy to the winners- Birla Vidya Niketan School, Saket

National Seminar on Globalisation, Market and Consumer Protection

Prof. Girijesh Pant, Vice-Chancellor, Doon University

delivering the Inaugural Address

1

Workshop on Consumer Protection and Welfare at University of Calicut

societies and students. On the occasion, Prof. Abdul Salam, Vice

Chancellor, University of Calicut in his Inaugural Address said that

the CPA has given new thrust to consumer protection and has

given six substantive rights

to consumers. It is a

milestone in consumer

movement and has provided

new roadmap to consumer-

ism. He emphasised that an

empowered and aware con-

sumer is an asset to the

country. The students, who

are future of the nation,

should be aware about their

rights and obligations as a

consumer and also spread

awareness among the pub-

lic. Prof. Suresh Misra, Chair

Professor & Coordinator, CCS, in his address provided an overview

of the activities of Indian Institute of Public Administration and

Centre for Consumer Studies.

In two days workshop nine sessions were conducted on a

number of issues on consumer protection by various experts. The

session on Consumer Protection: An Overview was taken by Prof.

Suresh Misra, CCS, IIPA; Consumer Protection Act/ Rules by Dr.

Sapna Chadah; Food Safety and Consumer by Mr. Vinod Panickar,

BVQI; Consumer Grievance Redressal: Working of Consumer

Forums by Justice K.R. Udhayabhanu, President, Kerala State

Commission; Insurance and Consumer by Mr. R. Rajaraman,

National Relationship Manager, LIC, India, Mangalore; Medical

Service and Consumer Protection Act by Dr. Sapna Chadah and

Consumer and Banking by Mr. E.K. Johnson, AGM, SBT,

Trivandrum.

Dr. K. P. Muraleedharan, Dean, Faculty, DCMS delivered

the Valedictory Address on the occasion. He said the programmes

of this type are meant for two things: firstly to generate awareness

about our rights and how they are to be exercised and secondly

empowering consumers with their rights. At the end Dr. E.K.

Satheesh, Workshop Coordinator and Faculty, DCMS thanked the

Department of Consumer Affairs, GoI and CCS, IIPA who were

instrumental in providing all sort of resources for organising the

workshop.

A National Seminar on Globalization and Consumer Rights

was organised by the Centre for Consumer Studies in

collaboration with P. G. Department of Social Science, Fakir

Mohan University, Balasore, Odisha from 25-26 November, 2011 .

The Department of Consumer Affairs, GoI sponsored the Semi-

nar. More than 60 delegates

from different states at-

tended the seminar. The

National Seminar was

an attempt to evaluate the

measures taken to

strengthen the consumer

movement in the country. It

provided a larger platform to

exchange ideas on various

issues concerning consumers

especially to create awareness regarding consumer protection

and rights of the consumers among policymakers, NGOs and

other stakeholders to deliberate on various issues relating to glob-

alization and the consumer. Seminar was inaugurated by Prof.

Sukadev Nanda, Former Vice Chancellor, FM University, Balasore.

Prof. Suresh Misra, Chair Professor and Coordinator, Centre for

Consumer Studies, IIPA, New Delhi delivered the Key Note Ad-

dress. Prof. Sudhakar Panda was the Chief Speaker at this

occasion. The Presidential Address was delivered by Prof. Kumar

B. Das, Vice Chancellor, F. M. University, Balasore.

Themes covered in the seminar were Globalization and

Consumer Rights which focused on the impact of globalization on

the consumer behavior and the consumption patterns; Issues in

Consumer Protection Laws which worked out the interplay of

various issues in context of consumer protection and globalization;

Services and Consumer Rights highlighting the plight of consumer

rights in different service sectors thereby stressing on increased

consumer education and awareness. Consumer Education and

Awareness was also one of the themes which focused on the extent

of consumer awareness among consumers and highlighted the role

of different stakeholders in this regard while Rural Consumers:

Choices and Vulnerabilities discussed the consumption patterns,

behavior patterns of rural consumers and also focused on the

change in their buying behavior due to globalization. Speakers at

the Seminar were Dr. Geetanjali Dash, Dr. Bijay Bohidar, Mrs.

Mrinalini Padhi, Prof. Navaneeta Rath, Dr. Sudhira Chandra Jena,

Dr. Padmalaya Mahapatra, Mrs. Sasmita Mishra, Ms. Sanjukta

Panda, Dr. Mamta Pathania, Dr. Geetanjali Panda, Prof. Abhaya

Kumar Panda, Dr. Sanjeev Kumar Dey, Mrs. Suranjita Sinha , Mrs.

Nabaruna Majumdar, Dr Smita Nayak, Sh. Sukanta Patra, Sh.

Dhirendra Kumar Jena, Mrs. Rashmimala Sahu, Prof. N. C Dash,

Dr. Swarnamayee Tripathy, Dr. Prate Mishra.

The Centre for Consumer Studies, Indian Institute of Public

Administration, New Delhi in collaboration with IIPA Orissa Regional

Branch, Bhubaneswar, conducted a half day Seminar on

“Globalization and Consumer Rights on November 27, 2011 at,

SIRD, Bhubaneswar,

Odisha. The Department

of Consumer Affairs,

Government of India,

sponsored the Seminar.

The Welcome Address

was delivered by Dr.

Pratip Kumar Mishra,

Hony. Secretary, IIPA

Orissa Regional Branch.

Prof. Suresh Misra, Chair

Professor and Coordina-

tor, CCS, IIPA made a

presentation on Consumer Protection and Consumer Welfare: An

Overview. Dr. Mamta Pathania, Assistant Professor, CCS, IIPA

delivered her lecture on Globalization and Consumer Rights. Shri S.

C. Hota, IAS (Retd), Chairman, IIPA, Orissa Regional Branch,

Bhubaneswar delivered the Presidential Address.

The main objective of the Seminar was to discuss and

deliberate on various issues related to globalization and the

consumer, create awareness regarding consumer protection and

rights of the consumers. About 50 IIPA members and others

attended the seminar. Prof. Suresh Misra and Dr. Mamta Pathania

coordinated the Seminar.

Vol. 4 No. 4 Oct - Dec 2011

2

Half Day Seminar on Globalization and Consumer Rights

Prof. (Dr.) Abdul Salam, Vice Chancellor, University of Calicut lighting

the lamp

National Seminar on Globalization and Consumer Rights at Balasore, Odisha

Dignitaries on the Dias

Sh.S.C Hota, IAS (Retd.), Chairman IIPA Orissa Regional Branch in the Seminar

In one of its important judgments Supreme Court said that

Consumer Forums can't compel consumers to engage advocate.

According to the court a non-advocate or an authorised agent can

represent a consumer before the District, State and National

Consumer Fora for adjudicating a complaint. While hearing an appeal

petition, the three-judge Bench, gave this ruling recently and directed

the National Consumer Commission to frame within three months

comprehensive rules on appearance of agents, representatives,

registered organisations and/or non-advocates in respect of their

qualifications, conduct and ethical behaviour.

Through the judgment, Justice Dalveer Bhandari said that

“when the CP Act has permitted authorised agents to appear on

behalf of the complainant, the courts can't compel the consumer to

engage the services of an advocate.” Importantly, in this case

advocates have argued that that they are entitled to practice before

consumer forums but the Bench said that “this privilege cannot be

claimed as a matter of right.” A consumer forum has to guard itself

against touts and busybodies [showing themselves up] in the garb of

power of attorney holders or authorised agents in the proceedings

before it. While a consumer forum may permit an authorised agent to

appear before it, he shall not be one who has used this as a

profession. The forum has the right to prevent an authorised agent

from appearing in case if it is found and believed that he is using the

said right as a profession.

The basic issue involved in appeals filed by G. Venkatacha-

lam and the Bar Council of India against a Bombay High Court judg-

ment was whether a person under cover of being an “agent” could

represent a large number of persons before the forums created under

the Consumer Protection Act. The Bench took up the question

“whether somebody who is not a legal practitioner can represent a

large number of parties before the forums thereby frustrating objects

embodied in the Advocates Act. The Bench noted that the

legislature in its wisdom has granted the authorised agents

permission because “most of the cases before the consumer

forums are small cases of relatively poor people where legal

intricacies are not involved and great legal skills are not required.”

Another reason was that a large number of litigants might not be

able to afford heavy professional fees payable to trained

advocates. The Bench said it was the obligation of the court to

carefully discern and articulate the legislative intention. It dismissed

the appeals and upheld the impugned judgment.

NCDRC, in one of its recent judgments clearly send a signal to

the banks that now its time to stop their devious and manipulative

practices. It is being observed that some banks are changing the

interest rate arbitrarly even after the agreement. They agree to a

particular interest rate during negotiation, but increase it at the time

of sanction. The Reserve Bank of India does not bother to regulate

such practices, but the National Commission has given a landmark

ruling that will help those in similar situations.

In this case eight members of the Bajaj family had individually

applied to ICICI Bank for a loan. In the correspondence, the bank

agreed to advance money on depositing kisan vikas patras (KVPs)

towards 10 per cent margin money. Each applicant withdrew ` 20

lakh from his provident fund account to buy KVPs for a loan of ` 2

crore. While the KVPs would earn interest at eight per cent per

annum, the interest on the loan would be 6.4 per cent. The

applicants were told this difference in the rate would benefit them `

60 lakh over the loan’s tenure. After sanction, they were made to

execute standard format documents. There was an assumption that

documents would be as per the terms stated in the correspon-

dence. But when the bank demanded higher interest - initially

seven, then 7.75 and later 9.5 per cent - the applicants realised how

they had been tricked into signing the documents. Additionally, the

bank also deducted ` 6,69,465 as processing fee. The applicants'

representations to the bank were ignored. So, they filed a joint

complaint before the National Commission.

Against that, the bank contended the agreements contained a

specific condition that the interest rate decided by it from time to time

would be applicable. Also, at the time of enhancement of the loan,

fresh agreements had to be executed, agreeing to a variable interest

rate. But the Commission was not convinced by the argument of the

bank and observed that the contract had already been completed on

the basis of the correspondence exchanged between the parties. The

written agreement permitting the bank to charge a higher interest rate

was subsequent to the finalisation of the contract and the purchase of

the KVPs. So, it could not be enforced. No prudent investor would

give a free hand to the banker to raise the interest rate. The

Commission concluded the increase in the interest rate as well as the

levy of the processing fee, despite agreeing not to charge it, would

amount to unfair trade practice.

The National Commission also noted the Law Commission

observations in its report that standardised contracts are pretended

contracts, prepared by only one party and offered to the other, on a

"take-it-or-leave-it" basis. The main terms are put in large print, but

the qualifications are buried in small print. The individual's participa-

tion consists of a mere adherence, often unknowing, to the document

drafted unilaterally and insisted upon by the powerful enterprise; the

conditions imposed by the document upon the customer are not open

to discussion, nor are they subject to negotiation between the parties,

but the contract has to be accepted or rejected as a whole. These

contracts are produced by the printing press. The signature on the

dotted line does not really represent the signatory's agreement to all

the terms, but creates a fiction of having agreed to such terms. The

characteristics usually and traditionally associated with a contract,

such as freedom to contract and consensus, are absent from these

so-called contracts. However, there is no general provision in the

Contract Act under which courts can give relief to the weaker party.

The National Commission held that Consumer Protection Act

empowers the consumer fora to cure the mischief adopted by one of

the contracting parties. In case a condition in such a standardised

contract is unjustified or unilateral, it may amount to an unfair trade

practice. Hence, relief under the Consumer Protection Act can be

granted. The Commission directed the bank to discontinue the unfair

trade practice and to recalculate the interest at a rate not exceeding

6.4 per cent. The bank was also directed to pay costs amounting to `

50,000.

TRAI, the Telecom Regulatory Authority of India is trying to block

the mobile phones which are stolen or lost by the consumers. It is

necessary to prevent the misuse of the mobile phones and the

information stored in the mobile phones. Their effort is to hamper the

illegal handset markets. Also, a senior official from TRAI said that

they are trying with great effort to discourage stealing of mobile

phones and handsets. As there is an increase in mobile theft in India,

TRAI is trying to provide regulations to block the mobile phones to

prevent this problem. Currently, there is a mechanism to block SIM

cards. There is a unique serial number known as IMEI number which

distinguishes every handset. IMEI stands for International Mobile

Equipment Identity and it is a 15 digit unique number of a mobile

phone. GPS is Global Positioning System which can be used to track

down the mobile phones. These are vital and are used by the

government to observe anti-national activities that going on in the

country. Now, the telecommunication service providers have been

advised to disconnect all the mobile phones which do not have IMEI

numbers and they are using Equipment Identity Register in their

system to refuse all the mobile phones which do not have the IMEI

numbers.

Banks can't Change the Rate of Interest Arbitrarily After the Agreement: NCDRC TRAI Bid to Stop Misuse of Stolen Mobile Phones

Vol. 4 No. 4 Oct - Dec 2011

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Non-advocates can Appear Before Consumer Fora: Supreme Court

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Vol. 4 No. 4 Oct - Dec 2011

4

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