iipa a quarterly e-consumereducation.in/newsletters/julytosep2008.pdf · sird, raipur . ternally,...

The Sixtieth Orientation Training Programme for

the Presidents and Members of District Consumer

Forums was organized by the Centre from July 7-11,

2008 at IIPA, New Delhi. The programme was spon-

sored by the Department of Consumer Affairs, Gov-

ernment of India. 26 participants attended the pro-

gramme .

Welcoming the participants, Shri B. S. Baswan, Di-

rector, IIPA underlined the important role of the Dis-

trict Consumer Forums as envisaged under the Con-

sumer Protection Act, 1986. He emphasized the need

to build the

capacity of

the Mem-

bers of the

D i s t r i c t

Forums so

that justice

could be

d e l i v e r e d

efficiently.

The Pro-

g r a m m e

was inaugurated by Hon’ble Mr.Justice J.D. Kapoor,

President, SCDRC, Delhi. He described Consumer

Protection Act as an excellent piece of Social Welfare

legislation. He stressed that old people, women and

the poor are the biggest sufferers at the hands of the

manufacturers and service providers. For this, puni-

tive damages having deterrent effect should be

awarded by the Forums. He also said that efficiency

and accountability are hallmarks of any good system.

Various themes and topics related to Consumer Pro-

tection and welfare were covered and also included

the visit of participants to the NCDRC to understand

the working of the commission. The programme was

directed by Prof. Suresh Misra and Miss. Sapna Cha-

dah.

A Workshop on Consumer Protection for the

Officers of the Department of Consumer from the

various States was organized by the Centre from Au-

gust 21-22, 2008 at IIPA, New Delhi. Shri Sanjay

Singh, Joint Secretary, Department of Consumer Af-

fairs, Government of India inaugurated the workshop.

In his inaugural address, Sh. Singh gave an overview

of the Consumer Protection scenario in the country.

He pointed out the low level of awareness among the

masses and laid emphasis on creating awareness

among them. He appreciated the pioneering role played

by IIPA in the field of Consumer Protection, particu-

larly in spreading awareness and giving outreach to the

Consumer movement.

The programme was more interactive and based on

exper ient ia l

learning. On

the occasion,

Prof. Suresh

Misra, Chair

P r o f e s s o r

(CCS), made

a presentation

on Consumer

Protection and

C o n s u m e r

Welfare. He

focused on the

need to protect the Consumers in the market economy

and stressed on the need to focus on Rural Consumers,

who lack awareness and are being exploited. Ms. Sapna

Chadah, Assistant Professor highlighted the fine points

of the Consumer Protection Act. Emphasizing the need

for an effective Consumer movement, Dr. Mamta Patha-

nia, Assistant Professor emphasized on raising the

awareness level of the Consumers. She dealt with the

Right to Consumer Education and elaborated various

measures being taken to educate the Consumers. Prof.

Suresh Misra and Dr. Mamta Pathania jointly directed

the programme.

The Centre organized the 4th Training of Trainers

Programme on Consumer Protection and Consumer Welfare from 22-26 September, 2008 at SIRD, Nimora,

Raipur. 40 participants attended the programme.The Programme was inaugurated by Sh. Gautam Chauriya, Secretary, Chattisgarh State Legal Service. He high-

lighted various issues related to Consumer Protection and laid emphasis on the level of awareness in the rural areas. The

participants visited the

State Con-sumer Dispute Redressal

Commission and interacted with the Sh.

Sheo Mangal Panday, Reg-

istrar, Chattis-garh SCDRC. Various topics like Consumer Protection

Act, Consumer Awareness and education, Rural

CONSUMER DIALOCONSUMER DIALOCONSUMER DIALOCONSUMER DIALOGUEGUEGUEGUE

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. 1 No. 3 July— September 2008

IIPA

Editorial Team Prof. Suresh Misra Ms. Sapna Chadah Dr. Mamta Pathania

Research and Design Dr. Amit Kumar Singh Virendra Nath Mishra

Contact Us Centre for Consumer Studies

Indian Institute of Public Administration Indraprastha Estate New Delhi - 110002

Phone No. 011-23468347, 23468434

Email.

[email protected]

Website www.consumereducation.in

CCS Sponsored by

Department of Consumer Affairs

Government of India

Shri B.S. Baswan, Director IIPA with Par-

ticipants and Faculty of the 60th OTP

60th OTP for the Presidents and Mem-bers of District Consumer Forums

Training Workshop for the Officers of the Department of Consumer Affairs in the States.

Shri Sanjay Singh, Joint Secretary, DCA, deliver-ing the Inaugural Address in the Workshop

4th Training of Trainers Programme in Con-sumer Protection and Consumer Welfare

Participants and Faculty of the 4th TOT at SIRD, Raipur

ternally, you might comment upon

new procedures or improvements

to the business. Sales figures or

earnings will show how your busi-

ness is growing.

Some newsletters include a column

that is updated every issue, for

instance, an advice column, a book

review, a letter from the president,

or an editorial. You can also profile

new employees or top customers

or vendors.

This story can fit 100-150 words.

The subject matter that appears in

newsletters is virtually endless. You

can include stories that focus on

current technologies or innovations

in your field.

You may also want to note business

or economic trends, or make pre-

dictions for your customers or

clients.

If the newsletter is distributed in-

Inside St ory Hea dline

Vol. 1 , No. 3, July— September 2008 Consumer Dialogue 2.

Consumers, Insurance and Consumer, Misleading Advertisements,

Banking, Medical, Electricity, Housing, etc. were covered. The valedic-

tory address was delivered by Sh. R. K. Singh, Director SIRD, Raipur.

The 61st OTP for the Presidents and Members of District Con-

sumer Forums was organized by the Centre from September 8-12,

2008 at IIPA. The Department of Consumer Affairs, GOI sponsored the

Programme. 10 Participants from North-East States of Arunachal

Pradesh & Manipur attended the Programme.

Sh. B.S. Baswan, Direc-

tor, IIPA delivered the

Welcome Address. He

emphasized the need to

Protect Consumer Rights

and stressed that monop-

oly is worst for the Con-

sumers. In order to serve

the interest of Consumers

better, there is a need to

develop a spirit of satis-

factory service delivery amongst the business community. The pro-

gramme was inaugurated by Hon’ble Justice M.B. Shah, President,

NCDRC. He emphasized that CPA is gaining momentum all over the

country and people are becoming aware of their rights. He highlighted

the importance of the three important organs for better implementation

of the Act – the Consumer Councils, Consumer Forums and VCOs. He

underlined the importance of fundamental norms of procedure emanat-

ing from the concept of Principles of Natural Justice to be observed by

the adjudicatory bodies in providing justice to the consumers. The Pro-

gramme was jointly directed by Prof. Suresh Misra and Ms. Sapna

Chadah.

In an important Judgement that would help corporates and individu-

als, NCDRC has redirected the State Bank of India, HSBC Bank and

the Standard Chartered Bank that the operative part of the RBI’s order

on cheques clearance shall be made public. They have to advertise it in

at least two leading newspapers, which are published from Delhi and

Mumbai within a period of one week from the date of judgment, 10th

August 2008. The summary of the various policies framed by the Banks

and the RBI directions on this issue are as follows:

(a). For the local cheques credit and debit shall be given on the same

day or at the most on the next day.

(b). The maximum period for collection of outstation cheques shall be

7/10/14 days. And, if there is any delay in collection of the said

chques beyond the period of 7/10/14 days, interest at the fixed deposit

rate, or at a specified rate as per the respective policy of the banks, is

to be paid to the payee of the cheques;

c). The salient features of the policy with regard to the collection

period of outstation cheques and interest payable thereon in case of

delay shall be published on the notice board in a precise manner in

bold/visible letters at conspicuous place in every branch. All the banks

are, therefore, directed to comply with the same within a period of two

weeks, if they have not complied with the aforesaid RBI

NCDRC Directs Banks to Publish RBI’s Guidelines for Cheque Clearance

directions up till now.

d). A copy of the complete policy shall be made available by the

Branch Manager, if the consumers require the same for reading.

(e). The salient features highlighting the rights of the consumers

shall be displayed on the notice board of each branch of the banks.

(f). RBI would monitor the directions given by it as well as the

National Commission.

The NCDRC has held a five star hotel guilty for the theft of a ve-

hicle parked in its premises. In this case, Mr. Atul Virmani went to

the discotheque of Hayatt Regency Hotel of Delhi and paid Rs.900/-

as entry charge. On arrival at the hotel the representative of the hotel

demanded the key of the vehicle for parking the vehicle. Therefore,

he delivered the key of car to the valet. The valet had issued a docket

as receipt for delivery of the vehicle. When the complainant came

out of the hotel and asked for the car, the valet informed him after

half an hour that the car of the complainant was missing from the

parking place. When he contacted hotel’s authority they showed a

disclaimer notice, printed on the reverse of docket, which said that

the vehicle could be parked within the hotel premises at the owners’

risk and hotel’s authority would not be liable for the loss or damage

to the vehicle parked.

After that Mr. Atul Virmani filed a complaint in the forum, where

the council of hotel argued that as no monetary consideration or

parking fee was charged and valet service rendered was a free ser-

vice, the complainant is not a consumer under the Consumer Protec-

tion Act, 1986. After hearing the case, the State Commission found

deficiency in service rendered by the hotel. Accordingly, the hotel

was directed to pay the complainant a sum of Rs.2,00,000/- along

with 10% interest. Aggrieved hotel’s authority appealed in the

NCDRC.

NCDRC has pointed out that hotel may not charge for a specific

parking, but if a customers pays hefty charges to hotel for room rent,

meals and other rendered services, he/she is eventually paying for all

expenses of the hotel, including the valet service. If the hotel authori-

ties cannot keep the car safely in their premises, they have to pay for

the customer’s loss or damages.

In a case filed by Narmada Bachao Andolan against the Union

Government, NCDRC acknowledged that water is one element with-

out which life cannot sustain. The Right to Clean Drinking Water is a

Fundamental Right to life and Art.21 of the Constitution made an

obligatory duty on the State to provide clean drinking water to its

citizens.

In this case complainants have asserted that the jaundice epidemic

which occurred in Ahmedabad in 1993 and resulted in about 100

deaths and affected over 1200 persons was because of the contami-

nated supply of drinking water by the AMC. As the AMC is respon-

sible for supply of water, repair and maintenance of pipelines and

drainage facilities, etc they must be accountable for the compensa-

tion to the victims of the epidemic. They further stated that the epi-

demics of water borne diseases was a regular occurrence in Ahmeda-

bad since 15 years prior to 1993. In view of the aforesaid argument

Five Star Hotel Held Guilty by NCDRC for Vehicle’s Theft

Access to Clean Drinking Water is a Funda-mental Right

61st Orientation Training Programme For the Presidents and Members of District Consumer Forums

Justice M.B. Shah Addressing the participants of the

61st OTP. To his right Sh. B.S. Baswan, Director

IIPA and Prof. S. Mishra on his left.

the NCDRC has directed the State

Government that consumer

Primary Business Address

Your Address Line 2

Your Address Line 3

Your Address Line 4

Phone: 555-555-5555

Fax: 555-555-5555

E-mail: [email protected]

Bac k Pa ge Stor y Headlin e

Your business tag line here.

Organization

Caption describing picture or

graphic.

We’re on the Web! example.microsoft.com

ternally, you might comment upon

new procedures or improvements

to the business. Sales figures or

earnings will show how your busi-

ness is growing.

Some newsletters include a column

that is updated every issue, for

instance, an advice column, a book

review, a letter from the president,

or an editorial. You can also profile

new employees or top customers

or vendors.






in your field.




clients.


Inside St ory Hea dline


should be informed, inter alia, about the quality, quantity and

purity of the water and services rendered by the authority including

the AMC. Hence, the State Government shall bear minimum cost

which was required to be incurred by the Complainant. Apex Court

also appreciated the good work undertaken by the Consumer Educa-

tion and Research Society. However, Court had not awarded any puni-

tive damages.

The National Consumer Dispute Redressal Commission, New

Delhi, held a Passport Officer guilty for negligence in rendering of

service. The complainant, Anuradha Thadipathri Gopinath had taken a

passport from Bangalore Passport Office and her Visa was also issued

on the said passport. At the airport, she was told by the airport au-

thorities that her passport is not duly signed by the issuing officer and

she has to go back. Consequently, she lost the opportunity of going

abroad which was sponsored by the company. If the complainant had

traveled outside the country on the basis of the said passport, she

would have been found guilty for various offences. Hence, the com-

plainant filed a case in the District Forum. According to the Forum,

there is a deficiency and negligence on the part of the concerned offi-

cer and directed the Regional Passport Officer, Bangalore to pay com-

pensation of Rs.10,000/- and costs of Rs.2,000/- to the complainant.

Aggrieved by the decision, the Regional Passport Officer went to the

State Commission which also held the same opinion. Hence, he went

to the NCDRC. His Council argued that the petitioner was discharging

his duties without recovering any fee and, therefore, this would not be

a consumer dispute. But according to NCDRC, ‘deficiency’ means

any fault, imperfection, shortcoming, inadequacy in the nature and

manner of performance, which is required to be maintained under any

law. In this case issuance of an invalid passport which is not signed

by the Passport Officer is a deficiency in service on the part of the

concerned officer. Hence, the complaint was maintainable and the

Revision Petition filed by Passport Officer was dismissed.

Smoking, which includes inhaling and puffing the fumes of burning

tobacco spread all over the world by the end of 19th century, but it

has taken heavy toll on the mankind. Most of us know that smoking is

injurious to health but the habit of smoking is becoming rampant eve-

rywhere. The dangers of smoking are not confined to the smoker

himself, the person by his side is also affected by the act of smoking.

Therefore, GOI has banned smoking in public places from 2nd October

2008. If we set aside the law, we must know the side affects of smok-

ing. A single cigarette contains about 4000 chemical agents, including

over 60 substances that are known to cause cancer in humans. Studies

have shown that one third of all deaths due to tuberculosis, lung dis-

ease and cancer, and one fifth of deaths due to heart disease are among

smokers. Smoking is also responsible for most of the cancers of lar-

ynx, oral cavity, oesophagus, bladder and others. There are also radio-

active chemicals in tobacco smoke, like polonium-210. Smoking can

wreck human lungs and reduces the availability of oxygen for mus

cles. Smokers get more colds, flu, bronchitis, and pneumonia than

non-smokers. British studies have recently shown that smoking in-

creases the chances of going blind as you get older. Long-term smok-

Negligence in Passport Service

ing also increases cholesterol and fatty deposits in human body

which can affects the reproductive system. Chemicals and tar from

cigarettes hampers the functioning of the cells of our taste buds.

Hence, quitting smoking not only reduces significantly a person's

risk of illness but also saves the family and society.

Many times we experience that the medicine which we are tak-

ing is either ineffective or develops some side effects. Be careful, it

might be a spurious drug. According to the WHO estimates, over 10

per cent of the drugs in the world's pharmaceutical market are coun-

terfeit and 35 % of it, are in India. It is estimated that 40 % of 20,000

crore’s Indian drug industries is under the grip of spurious and black

market drugs. In a country like India where 35% of the population is

illiterate and 40 % is living below poverty line, people occasionally

consult qualified medical practitioners for their general health prob-

lems. They take medicines without proper bills. Manufacturers of

these spurious drugs take advantage of this situation and sell major

part of their medicine to this segment. They sell their drugs at

cheaper rates, make slight changes in the name, change the colour of

rapper or write false compositions of the drug. Poor enforcement of

existing laws, weak penal action, lack of coordination between vari-

ous agencies, shortages of enforcement staff and widespread corrup-

tion is helping the drug counterfeiting. But if we take certain precau-

tions, then we can reduce the chances of getting harmed by fake

drugs. We should buy medicines only from licensed pharmacies and

reputed drug outlets. We should be suspicious of drugs at heavily

discounted rates. Always take receipt. Check that the packaging is

properly sealed. Ensure that packing clearly indicates the batch num-

ber, manufacturing date, expiry date and the manufacturer's name.

Check that the name of the drug and the manufacturer are spelled

correctly. Report immediately to your doctor if there is no improve-

ment in your health after taking a drug .

Hon'ble Justice Mr. Ashok Bhan, former Judge of the

Supreme Court of India, has been appointed as the President of the

National Consumer Disputes Redressal Commission (NCDRC) and

will head it for a term of five years. The post had become vacant

after the earlier President of the Commission Justice

Manharlal Bhikhalal Shah demitted the office on

completion of his five-year term on 24th September

2008. Justice Bhan entered in Legal Profession the

1965. He was appointed Additional Advocate Gen-

eral of Punjab from November, 1979 to March,

1980. Designated Senior Advocate in December,

1982, worked as Senior Standing Counsel for the

Chandigarh Administration from 1983 till his ap-

pointment as Judge in the Punjab & Haryana High Court on

15.6.1990. Transferred to Karnataka High Court on 7.10.1997.

Served as Acting Chief Justice from 26th June, 2000 to 20th October,

2000 in the Karnataka High Court. On 17.6.2001 he was appointed

as Judge of the Supreme Court of India.

Why should we stay away from Smoking?

Beware of Fake Drugs

Justice Ashok Bhan has been Appointed as the President of NCDRC






in your field.




clients.



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