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www.consumer-voice.org Vol. XX, Issue 2 FEBRUARY 2019 Rs 50 8 brands compared Surface Cleaners Overseas Travel Insurance for Students 10 plans compared Decoding Food Labels Cornflakes Product Survey Ultra-high-definition (UHD) TVs TOP PERFORMERS Checking out their cleaning and disinfecting claims

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www.consumer-voice.org

Vol. XX, Issue 2 FEBRUARY 2019 Rs 50

8 brands compared

Surface Cleaners

Overseas Travel Insurance for Students

10 plans compared

Decoding Food LabelsCornflakes

Product SurveyUltra-high-definition (UHD) TVs

TOP PERFORMERS

Checking out their cleaning and disinfecting claims

COMPARATIVE TESTSurface CleanersChecking out their cleaning and disinfecting claims

IN THE NEWS

85

Contents

14

20

25

FOOD & STUFF Does Your Food Claim Too Much?

DECODING FOOD LABELSCornflakesWhich brands do not declare their salt and dietary fibre?

PRODUCT SURVEYUltra-High-Definition (UHD) TVsextra resolution at extra price, but what else is extra?

31 BFSIOverseas Travel Insurance for StudentsKnow what your policy does not cover

38

44

BFSI GUIDEPersonal Income Tax Provisions for FY 2018–19

LEGAL MATTERSErroneous verdicts, wrong interpretations and proxy counselsA most curious case

4 •

Editor's VoiceChief EditorProf PK Ghosh

Mg EditorProf sri Ram Khanna

COOAshim sanyal

Director OutreachAnand Pandeya

Editor Padma Pegu

Sales & Distributionniraj Kumar singh

Hindi EditorialRashmi Khati

Digital TeamVikram Diwannilanjana BoseRajesh AdhikariAman nayanVikas Divya Patwal

Food DeskAshok Kanchan

BFSIGopal Ravi Kumarsubas tiwari

AccountsMonender singh

IT DeskHemant Upadhyay

TechnicalBhaskar Kr MukhopadhyayMAU Khan H Wadhwa KC Choudharysheeba Parveen

LegalAnkur sahaVikash soni

Projects and CSRRinki sharmaAmarjeet singhekta Purohitnaresh PrasadVaibhavKritika Koli

Projects ResearchParamjeet singhKaveri Dutt

MarketingPranay shethsnehanshu singhAshutosh Massey

SubscriptionFaraz Ahmed

AdminRamanjeet KaurGovind singh

Real Estatesajjan Jindal

Editor’s note: Consumer Voice does not accept any corporate advertisements or advertorials for the magazine. This has been the magazine’s policy since the first issue was published in 1997 and it keeps our reportage unbiased and non-partisan. Consumer Voice regularly publishes laboratory results of product tests. These products are purchased from the retail market before being sent to an independent NABL-accredited laboratory for testing.

We are thankful to Dept. of Consumer Affairs for supporting the initiative of consumer education and empowerment..

the views expressed in the magazine do not necessarily reflect those of the organization, rather they are to be deemed as personal opinion of the author(s) concerned.© consumer-voice.org All rights reserved. no article, story, test report can be reproduced from this magazine, without a written permission from the editor. Material, test report, data from Consumer Voice cannot be used for any marketing or promotional purposes.All disputes are subject to the exclusive jurisdiction of compe-tent courts in Delhi/new Delhi only.Libel Insurance: the Consumer Voice libel insurance policy ex-tends to include typesetters, printers, distributors, co-publishers, and newspaper advertisements by VoICe.

Printed and Published by: Prof. sri Ram Khanna on behalf of Voice society and Printed at IG Printers Pvt. Ltd., 104, DsIDC Complex, okhla Industrial Area Phase-I,new Delhi-110 020, and published at e-34, east of Kailash, new Delhi-110 065. editor: Padma Pegu

Ph.: 011-47331000, 26421121e-mail: [email protected] [email protected]

For Gifts & subscription-related enquiries, contact:[email protected] legal queries:[email protected]

Total no. of pages : 48

For subscription and solutions for your questions, Contact: 011-47331000, 26421121 E-mail: [email protected]

PadmaEditor

How much tech is good tech?So, I find myself stranded in a parking lot, locked outside my car with

its key dangling inside the ignition hole. I realized how I had become so used to the ‘take your key’ buzzer in my new, relatively hi-tech car, that when I drove the good old hatch, I ended up locking myself out of it. Unfailingly pocketing the key after parking the car used to be an instinctive thing that I forgot (or should it be ‘unlearnt’) within a few months of my dependency on ‘artificial’ intelligence (AI). Come to think of it, AI does have the power of influencing one’s instincts.

Anyway, going back to the incident, I pulled out my smartphone, Googled for the nearest keymaker, called his listed number and within a few minutes, the gentleman was there. He unlocked my car and charged me a bomb for his ‘speedy’ service. The payment was made to him via a digital payment wallet (my leather one became obsolete ever since the cash-scarcity phenomenon more than a year back and the simultaneous rolling out of the modified Digital India campaign).

“Technology isn’t that bad,” I thought. However, at the back of my head, I am always wary about how much ‘about me’ is out there in some virtual cloud – actually one of the million data servers that are owned by Google and its peers. Personal data is a big thing, I hear, and recently read about how hacking and personal data selling has become an unorganized yet a million-dollar industry.

You could be thinking how my hunting for a chaabiwala makes for any sellable information. Think again. Your location details reflecting places that you hang out at or visit often, your frequent searched keywords, average monetary transactions, conveyances used, foods ordered, people you call or exchange texts/notes with or make acquaintances with online... isn’t this a goldmine for marketers? For example, every bakery brand will love to buy credible information about how many people made how many visits to which all bakery shops in which area, or how many people ordered what all bakery items at what price points. I am not sure if anybody has sold or bought such information, but if you use Android, you have allowed Google to assess your exact location and also use it for ‘research and development’ purposes, by agreeing to their ‘terms’ that you never read but clicked yes and agreed to.

Anyway, there are two points that I am trying to make here. First, it’s time for consumers to understand that they need to draw a line as to how dependent they can let themselves be on technology. For me, today I hardly remember phone numbers of my closest friends, while over a decade ago I could dial the local kirana without having to search for their cards. I’ve so gotten used to the ordering, billing, ticketing, shopping, cab booking, whatsapping, emailing, banking, networking and entertaining apps that I know a day without the phone is going to be a tough day. I am however prepared for the same. Mentally I am. Yes, I have seen those robotic vacuum cleaners, auto-ordering smart refrigerators, voice-activated trash cans, wifi-connected, detergent-ordering washing machines, and that faceless yet talking Alexa from Amazon, and I am totally convinced that they aren’t for me.

The second point is the fact that every app that you download or those internet-connected gadgets – phone, computer, TV, smartwatch, voice-command bot, smart washing machines and refrigerators, playstations, smart car-tracking devices – somehow fetch your personal information and most of it with your permission. Ethically as well as lawfully they cannot let out those details, but who should you really trust in this market-oriented world?

CONSUMER VOICE FEbRUaRy 2019 • 5

In the NewsIn the News

Maggi controversy: SC revives government’s case against Nestle India in National Commission

Nestle India Limited has welcomed the Supreme Court’s order that allows National Consumer Disputes Redressal Commission (NCDRC) to proceed with a three-year-old suit with regard to Maggi filed by the government. The apex court was hearing an appeal filed by the company against two interim orders passed by NCDRC in a suit filed by the ministry of consumer affairs seeking damages of Rs 640 crore on charges of unfair trade practices, false labelling and misleading advertisements.

A bench headed by Justice DY Chandrachud said the laboratory test reports by Central Food Technological Research Institute (CFTRI), where the testing of the Maggi noodle samples was conducted, would form the basis for the proceedings. The top court had earlier stayed the proceedings before the NCDRC after Nestle had challenged it.

The consumer affairs ministry had in 2015 filed a complaint against Nestle India before NCDRC under Section 12 (1) (d), using a provision for the first time in the nearly three-decade-old Consumer Protection Act seeking damages of Rs 640 crore. The government had moved the NCDRC after Nestle’s popular instant noodles Maggi was banned by the Food Safety and Standards Authority of India (FSSAI) in June 2015 for allegedly containing lead beyond permissible limits, forcing the company to withdraw the product from the market. In their petition, the ministry charged that Nestle India had misled consumers by claiming that its Maggi noodles were healthy. It accused Nestle of causing harm to Indian consumers by allegedly involving in unfair trade practices and false labelling related to Maggi noodles.

Nestle had to withdraw Maggi noodles from the market over allegations of high lead content and presence of MSG (monosodium glutamate). FSSAI banned Maggi noodles after it found excess level of lead in samples, terming it ‘unsafe and hazardous’ for human consumption. FSSAI had also said Nestle violated labelling regulations on taste enhancer MSG and ordered the company to submit a compliance report on its orders.

Under Section 12 (1) (d), both the Centre and the states have powers to file complaints. Usually, NCDRC comes into the picture following complaints filed by a consumer, but a section of the Consumer Protection Act of 1986 also provides for the government to register a complaint.

NCDRC issued the interim directions by its order dated 9 December 2015, for sampling the product ‘Maggi Noodles’ in nine variants for testing with reference to the quantity of lead and MSG. Subsequently by its order dated 10 December 2015, NCDRC issued further directions.

Aggrieved by these directions, Nestle India challenged the two interim orders of NCDRC before the Supreme Court in 2015. As per directions of the apex court, samples were sent to CFTRI.

In view of the reports received from CFTRI, the Supreme Court agreed with Nestle India’s contention that the samples were compliant for lead and other relevant parameters and set aside both the interim orders passed by NCDRC. The Supreme Court also directed that the reports received from CFTRI would henceforth be the basis for proceedings before NCDRC. The reports should be duly evaluated by NCDRC in the complaint pending at the behest of the Union of India.

The Supreme Court said that since the complaint was pending, it would be inappropriate for it to pre-empt the exercise of jurisdiction by NCDRC. The top court set aside the impugned interim directions of NCDRC dated 9 December and 10 December 2015 and stated that the NCDRC would be at liberty to proceed further by evaluating the reports.

6 •

In the NewsIn the News

Evidence for health benefits of non-sugar sweeteners weak

There is no compelling evidence to indicate important health benefits of non-sugar sweeteners, and potential harms cannot be ruled out, according to a review of more than 50 published studies in The BMJ.

Although several non-sugar sweeteners are approved for use, less is known about their potential benefits and harms within acceptable daily intakes because the evidence is often limited and conflicting.

To better understand these potential benefits and harms, a team of European researchers analysed 56 studies comparing no intake or lower intake of non-sugar sweeteners with higher intake in healthy adults and children. Measures included weight, blood sugar (glycaemic) control, oral health, cancer, cardiovascular disease, kidney disease, mood and behaviour. Studies were assessed for bias and certainty of evidence.

Overall, the results show that for most outcomes there seemed to be no statistically or clinically relevant differences between those exposed to non-sugar sweeteners and those not exposed, or between different doses of non-sugar sweeteners. For example, in adults, findings from a few small studies suggested small improvements in body mass index and fasting blood glucose levels with non-sugar sweeteners, but the certainty of this evidence was low.

Lower intakes of non-sugar sweeteners were associated with slightly less weight gain (-0.09 kg) than higher intakes, but again the certainty of this evidence was low.

Voice OutreachBig Tobacco: Tiny Targets

The Big Tobacco: Tiny Targets study aims to expose the strategies being used by tobacco companies/marketing to reach children and youths around schools and playgrounds; help provide them with tobacco-free learning environments through documenting tobacco marketing near schools and playgrounds;

CONSUMER VOICE FEbRUaRy 2019 • 7

In the NewsIn the News

mobilize educators and students to take action, and urge governments to enact and implement comprehensive tobacco-control laws. In India, Consumer Voice and Voluntary Health Association of India conducted a Tiny Targets study to determine the extent of tobacco products being marketed and sold around schools across the country. A total sample of 243 schools and 487 points of sale were closely surveyed during this study in 20 cities across 6 states of India.

The study was formally released at Constitution Club, New Delhi on 16 January 2019. Vijay Goel, minister of state for parliamentary affairs & statistics and programme implementation, spoke about the ill effects of tobacco use amongst children. Professor MV Rajeev Gowda, member of parliament, Rajya Sabha, narrated his own journey of tobacco use. He also said that a lot needed to be done to protect the youth from tobacco use, even with some measures already in place, such as the banning of smoking in public places.

The event witnessed participation by representatives from the Government of NCT of Delhi, World Health Organisation (WHO), MoHFW, Vital Strategies, PHFI, Indian Cancer Society, The Union, CTFK India Team, Sambandh Foundation, Voice of Tobacco Victims (VOTV), students from six Delhi schools, teachers, All India Parents Association, Govt School Teachers Association for Delhi, Nursery Admissions Forum, Childline Foundation, and Delhi Commission for Protection of Child Rights.

Vendor licensingVendor licensing is authorizing a business to engage in tangible retail sales of tobacco from a shop, a

sidewalk stand, a pushcart, a shop, or even a motor vehicle. These need to be registered with municipalities and adhere to COTPA Regulations. The Consumer Voice team along with their state partners are working on tobacco vendor licensing with the objective of achieving limited tobacco sale through licensed vendors. With this objective, city-level stakeholder workshops were organized at Dibrugarh (Assam), Indore (Madhya Pradesh), and Morbi, Rajkot and Jamnagar (Gujarat). These workshops were attended by health experts, officials from municipal corporations, representatives from state health departments and tobacco control cell, representatives from civil societies, activists working on tobacco control and consumer and child rights issues, and mediapersons.

Certificate of Recognition being handed over by Pranay Sheth, head – marketing, Consumer Voice, to M Shayin (IAS), managing director at Haryana Dairy Development Co-Operative Federation Ltd, on Vita being ranked No. 1 in the comparative product testing of table butter. The report was published in the January 2019 issue of Consumer Voice.

Certificate of Recognition being handed over by Pranay Sheth to Deepak Kumar Chaudhary, general manager, Delhi Milk Scheme (DMS), on DMS being the ‘value for money’ brand in the comparative product testing of table butter, published in the January 2019 issue of Consumer Voice.

8 •

Comparative Test

We use these for cleaning hard surfaces such as floors, laminated table tops, kitchen table tops and cabinets. While removal of dirt and stain is what is expected of these products, today we have various brands claiming to contain antibacterial/disinfecting agents, otherwise known as quaternary ammonium compounds. Apparently, these improvised products not only clean the surface superficially but also reduce the bio-burden (harmful bacteria) and help to keep the environment clean due to the effect of the antibacterial agents. Without getting caught up in the technicalities, let’s just find out some important things about the brands that claim to do the job more effectively. We tested eight brands on attributes that determine their efficacy. Do these fulfil the basic requirements specified in the national standard?

A Consumer Voice Report

surface CleanersChecking out their cleaning and disinfecting claims

We tested the brands on quality and acceptability parameters. These included quaternary ammonium compound (QAC) content, cleaning properties, pH level,

stability, non-volatile matter, odour and colour. Of the eight brands, six are QAC-based.

The samples were tested as per specifications in Indian Standard 14364: 1996 (reaffirmed in 2013) related to quaternary ammonium compound-based surface cleaners. We followed the standard test methods at an NABL-accredited laboratory.

CONSUMER VOICE FEbRUaRy 2019 • 9

Surface Cleaners

CV RECOMMENDATIONS |

TOP PERFORMERS

Lizol | Clean Mate

VALUE FOR MONEY

Patanjali

BRANDS TESTED

Note: Mr Muscle has non-ionic surfactant and benzalkonium chloride (0.2000%) as active ingredients. In CIF, the active ingredient is sodium salt of benzene sulphonic acid. Therefore, these two brands have not been compared with the other QAC-based brands.

Score Rating: >90: excellent*****, 71–90: very good****, 51–70: good***, 31–50: average**, up to 30: poor*

Rank Total Score out of 100 (rounded

off)

Brand Description Fragrance MRP (Rs)

Net Quantity

(ml)

Price (Rs) per

100 ml

Best before (years)

Manufactured/Marketed by

Quaternary ammonium compound-based

1 91 Lizol Disinfectant surface cleaner

Pine 89 500 17.8 2 Reckitt Benckiser Ltd

1 91 Clean Mate

Disinfectant floor cleaner

Pine 69 500 13.8 2 Future Consumer Ltd

2 90 Vow Disinfectant surface cleaner

Floral 89 500 17.8 2 Aditya Birla Retail Ltd

2 90 Patanjali Disinfectant floor cleaner

Refreshing 125 1,000 12.50 Not marked

Patanjali Ayurved Ltd

3 88 Presto Disinfectant surface cleaner

Citrus 164 975 16.82 2 Cloudtail India Pvt. Ltd

4 84 Mopz Disinfectant surface cleaner

Lime 87 500+500

Buy 1 get 1free

17.4/ 8.70

2 Reliance Ltd

Other types of surface cleaners

See note* Mr Muscle

Disinfectant floor cleaner

Floral 142 1,000 14.2 2 S.C. Johnson Products Pvt. Ltd

See note* CIF Disinfectant surface cleaner

Lemon 99 250 39.6 3 Hindustan Unilever Ltd

10 •

TEST RESULTSFOR PHYSICOCHEMICAL

PARAMETERS

QAC Content | Cleaning Properties | Non-Volatile Matter | Stability | pH | Odour | Colour

QAC content

QAC content in surface cleaner shall be a minimum 0.40 per cent.

• All QAC-based brands had more than the minimum required amount of the compound.

• As for the other types of surface cleaners, Mr Muscle was found to have 0.16 per cent QAC. CIF did not claim to have QAC.

Key Findings• Basedontheoveralltestfindings,LizolandCleanMatearethetopperformersandarefollowedby

Vow and Patanjali.

• Thevalue-for-moneybrandisPatanjali.

• Allbrandspassedintestsforcleaningpropertiesandstability.

• QACcontentinalltheQAC-basedbrandsmettheminimumrequirementspecifiedintheIndianStandard.

• AllQAC-basedbrandsmetallrequirementsspecifiedinthestandardexceptinthecaseofpH.

• MrMusclemetthespecifiedlimitforpH.

Comparative Test

WHAT THEY CLAIM

Brand Claims Uses

Lizol Removes 100 types of stains and germ strains, kills 99.9% germs

Floor, kitchen and bathroom surfaces

Clean Mate Kills up to 99.9% germs, effective stain cleaner, safe on hands

Kitchen and bathroom surfaces

Vow Kills 99.9% germs, cleans tough stains Floor, kitchen and bathroom surfaces

Patanjali Kills germs, hypochlorite-free disinfectant Floor, kitchen and bathroom

Presto Kills 99.9% germs, safe on hands, removes stains

Floor, kitchen and bathroom

Mopz Effective germ kill, long-lasting shine Floor, kitchen and bathroom surfaces

CIF Tough cleaning, minimum effort Kitchen, bathroom and around the house

Mr Muscle Kills 99.9% germs Floor tiles, kitchen sink

Disinfectant products using quaternary ammonium compounds as the active ingredient are most extensively used. The advantages of QACs are good stability and toxicology, surface activity and compatibility with cleaner formulation ingredients, and lack of odour. These properties make it well suited for consumer products that combine cleaning with disinfection.

Cleaning properties

The material, when applied either neat or diluted with water by means of a clean lint-free cloth or a cotton mop, will clean as described in the Indian Standard.

CONSUMER VOICE FEbRUaRy 2019 • 11

Surface Cleaners

• All brands were found to clean the surface effectively.

Non-volatile matter

Determination of non-volatile matter or residue is an important qualitative test for products in which the presence of any residue may affect product quality and performance, or process efficiency. Non-volatile matter is the soluble, suspended, or particulate material remaining following evaporation of the volatile solvent that contains the material. For surface cleaners, this shall be a minimum four per cent as per Indian Standard.

• Clean Mate and Lizol scored highest among the QAC-based surface cleaners.

• Non-volatile matter in all the QAC-based brands was above the minimum requirement. As for the non-QAC brands, it was 1.51 per cent in Mr Muscle and 45.32 per cent in CIF.

Stability

This is to know if the product will remain effective during its life period.

• All brands cleared the test.

pH

pH value of surface cleaners shall be in the 5–7 range. This is considered to be neutral value since it will not adversely affect either the surface or the person who is using the cleaner.

• All brands except Mr Muscle were above the specified limit (5–7).

When chemicals are dissolved in water, the mixture’s pH level can become either acidic or alkaline. pH indicates the concentration of acidity or alkalinity in the same way temperature tells how hot or cold something is. Alkaline solutions are better at cutting through dirt, grease, proteins, oils and other organic items. Acids are better for removing calcium, rust and other minerals.

The pH scale goes from 0 to 14, 7 being considered neutral. Anything below 7 is considered acidic and anything above 7 is considered alkaline.

12 •

PHYSICOCHEMICAL SCORES

Quaternary ammonium compound-based Other types of surface cleaners

Parameter ↓ Weightage (%)

Lizol Clean Mate

Vow Patanjali Presto Mopz CIF Mr Muscle

QAC content 40 35.52 35.52 36.56 40.00 33.68 31.92 Not claimed 0.16% (test result)

Cleaning properties 18 18 18 18 18 18 18 18 18

Non-volatile matter

15 14.28 14.41 12.36 9.57 13.28 11.50 45.32% (test result)

1.51% (test result)

Stability 8 8 8 8 8 8 8 8 8

pH 5 1.19 1.00 1.23 0.75 0.97 1.00 10.77 (test result)

5.89 (test result)

Odour 3 3 3 3 3 3 3 3 3

Colour 2 2 2 2 2 2 2 2 2

Comparative Test

Odours and Colours Odour

The material shall be odourless or with a pleasant fragrance.

• All tested brands had acceptable odour and pleasant fragrance.

Colour

The material shall be colourless or with a suitable colour. The product, when applied for cleaning and subsequent wiping out with wet mop, should not leave any coloration or stain on the floor or any other surface. On dilution with water as recommended, the colour shall be faint to colourless.

• All the brands were light-coloured.

CONSUMER VOICE FEbRUaRy 2019 • 13

Dear readers: We are open to hearing your suggestions on products and services that you believe should be reviewed/tested by Team Consumer Voice. You may write to [email protected]

Surface Cleaners

Packing and Marking

Packing should be proper because it protects the product from deterioration and increases its shelf life. The material should be packed in glass bottles or suitable plastic containers, provided with a pilfer-proof cap made of either metal or plastic. The size of the container should be 200 ml, 500 ml or 1 litre.

Each pack should feature the following details about the product:

a) Indication of the source of manufacture

b) Net content of the material

c) Name of the material

d) Month and year of manufacture, and Batch No. and Code No.

e) Direction for use

f) Cautionary label stating ‘do not mix with household soap & detergents’

g) MRP

h) Customer-care details

• All the brands were packed in plastic bottles.

• Patanjali did not feature both cautionary label and the ‘best before’ date.

In order for surfaces to be effectively disinfected, the instructions on product labels need to be followed carefully.

QAC-based surface cleaners versus phenolic compound-based floor cleaners

QAC-based surface cleaners Phenolic compound-based floor cleaners

Active ingredient Cetylpyridinium chloride, cetalkonium chloride, benzalkonium chloride, or any proven quaternary ammonium compound, suitable for the purpose

Emulsions consisting of coal-tar acids or similar acids derived from petroleum with or without hydrocarbons, or other phenol compounds including substituted phenolic compounds or a mixture of these

Uses Floor, kitchen and bathroom surfaces Floor/bathroom

Environment effect None or very less Yes, high

Odour Acceptable Not acceptable

Price Rs 120–Rs 170 per litre Rs 40–Rs 60 per litre

Germicidal effect High High

Hygiene High Low

Cleaning and disinfectant Both Both

Stability High Low

14 •

the general perception is that cornflakes are an ideal quick-fix breakfast option. Ideal because they are considered healthy. Yet, fact is that there is the sugar (high-fructose corn syrup) and the salt to think of. In this report we have rated the quantities of these as per traffic light colours. It must be noted that declaration of salt is not mandatory as per Indian law. However, most of the featured brands have declared salt on their labels and this is a consumer-friendly step on their part. other label information that we have looked at and compared here are with regard to energy, protein and dietary fibre. Again, declaration of dietary fibre is not mandatory as per Indian law but most of the brands have done so. these are factors that consumers should definitely consider when choosing their brands.

CornflakesWhich brands do not declare their salt and dietary fibre?

Decoding Food Labels

CONSUMER VOICE FEbRUaRy 2019 • 15

We chose seven popular brands of cornflakes to interpret the nutritional information given on their labels.

Cornflakes

Energy, Protein and Dietary Fibre

Sl No. Brand Manufactured/Marketed by

1 Bagrry’s Bagrry’s India Ltd

2 Kellogg’s Kellogg India Pvt. Ltd

3 Mohun’s Mohan Meakin Ltd

4 Patanjali Patanjali Ayurved Ltd

5 Reliance Reliance Retail Ltd

6 Spencer’s Spencer’s Retail Ltd

7 Tops G.D. Foods Manufacturing (I) Pvt. Ltd

Sl No. Brand

Energy Protein Dietary Fibre

In 100 gm (kcal)

% of RDA (for woman doing

sedentary work)

In 100 gm (gm)

% RDA for man

In 100 gm (gm)

% RDA (WHO Recommendation)

1 Bagrry’s 366.7 19.3 8.0 13.3 4.7 15.7

2 Kellogg’s 380.0 20.0 6.7 11.2 2.7 9.0

3 Mohun’s 376.2 19.8 6.4 10.7 NM -

4 Patanjali 385.0 20.3 5.1 8.5 4.5 15.0

5 Reliance 380.0 20.0 8.2 13.7 4.4 14.7

6 Spencer’s 373.0 19.6 7.3 12.2 2.9 9.7

7 Tops 378.0 19.9 3.9 6.5 3.2 10.7

*NM – not mentioned

Key Findings• EnergyvalueishighestinPatanjali(385kcalper100gm)andlowestinBagrry’s(366.7kcalper100gm).

• Consuming100gmofKellogg’scornflakesbyawomanengagedinsedentaryworkmeansone-fifth(20per cent) of her daily requirement of energy has been met.

• ProteinvalueishighestinReliance(8.2gmin100gm)andlowestinTops(3.9gmin100gm).

• Consuming100gmofPatanjali cornflakesbyamanmeans8.5per centofhisdaily requirementofprotein has been met.

• DeclarationofdietaryfibreonthelabelisnotmandatoryasperIndianlaw.However,exceptMohun’s,all other brands have declared dietary fibre on their labels. This is a consumer-friendly step on the part of these brands.

• Amongthebrandsthathavedeclareddietaryfibre,thehighestamountisinBagrry’s(4.7gmper100gm)and the lowest is in Kellogg’s (2.7 gm per 100 gm).

• Consuming100gmofPatanjalicornflakesbyapersonmeans15percentofhis/herdailyrequirementofdietary fibre has been met.

16 •

Dietary fibre includes all parts of plant foods that our body cannot digest or absorb. Unlike other food components such as fats, proteins, or carbohydrates that our body breaks down and absorbs, fibre is not digested. Instead, it passes relatively intact through our stomach, small intestine, colon, and out of our body. Dietary-fibre requirement can be met by adopting a diet that incorporates plant-origin foods including fruits, vegetables and grains.

A high-fibre diet offers many health benefits, which include:

o Normalising bowel movements

o Maintaining bowel health

o Lowering of cholesterol levels

o Helping control blood sugar levels

o Aiding in achieving healthy weight

The WHO Committee on Chronic Degenerative Diseases has recommended a daily dietary-fibre intake of 30 gm.

Nutritional labelling of packaged food products refers to the disclosure of the main nutrients, such as energy, fat, protein, carbohydrate, sugar and salt content, on the label. As per India’s Food Safety and Standards (Packaging & Labelling) Regulations, 2011, mandatory nutritional information or nutritional facts per 100 grams or 100 millilitres or per serving of the product shall be given on the label. Such information shall contain the following:

a) energy value in kilocalories (kcal)

b) the amounts of protein, carbohydrate (including quantity of sugar) and fat in gram (gm) or ml

c) the amount of any other nutrient for which a nutrition or health claim is made

Note that declaration of salt/sodium and dietary fibre is not mandatory.

Decoding Food Labels

CONSUMER VOICE FEbRUaRy 2019 • 17

Per-Day Recommended Dietary Allowance (RDA) for Indians

This is as per Dietary Guidelines for Indians – A Manual (2011) by Indian Council of Medical Research (ICMR). RDA refers to the average daily level of intake sufficient to meet the nutrient requirements of nearly all healthy people in their particular life stage and gender group.

Traffic Light Labelling

In year 2007, Food Standards Agency (FSA) of the United Kingdom developed traffic light labelling guidelines with these objectives:

• to allow consumers to correctly identifyhealthier food products

• to assist consumers tomake comparisonsbetween products easily

• to allow consumers to make thesecomparisons at a glance

The traffic light labelling system uses three colours – green, amber and red – to show at a glance if a particular food has low, medium or high amounts of fat, sugar and salt. Foods that are high in fat, sugar and salt are linked with obesity and non-communicable diseases such as diabetes, hypertension and high blood pressure. As yet, the UK labelling system is not followed in India.

Cornflakes

Ingredient Green (low content)

Amber (medium content)

Red (high content)

Fat less than or equal to 3 gm between 3 gm and 17.5 gm more than 17.5 gm

Sugar less than or equal to 5 gm between 5 gm and 22.5 gm more than 22.5 gm

Salt less than or equal to 0.3 gm between 0.3 gm and 1.5 gm more than 1.5 gm

Results can be interpreted as follows:Green: eat often (desirable); amber: eat occasionally (neutral); red: eat sparingly (undesirable)

This is how the criteria for foods (per 100 grams) are set out in the traffic light labelling system:

18 •

NM: Not mentioned*Sodium multiplied by 2.54

Traffic Light Rating of Cornflakes

Sl No. Brand Fat Sugar Salt

In 100 gm(gm)

Traffic Light

In 100 gm(gm)

TrafficLight

In 100 gm (gm)

TrafficLight

1 Bagrry’s 0.8 Green 6.7 Amber NM -

2 Kellogg’s 1.0 Green 8.3 Amber 1.95* Red

3 Mohun’s 0.5 Green 6.3 Amber 1.35* Amber

4 Patanjali 0.9 Green 10.2 Amber 0.002* Green

5 Reliance 0.4 Green 6.0 Amber NM -

6 Spencer’s 0.2 Green 3.1 Green 1.05* Amber

7 Tops 0.3 Green 6.2 Amber 1.2* Amber

Key Findings• Trafficlightforfatisgreenforallbrands–thistranslatesinto‘desirable’sofarasfatisconcerned.

• Traffic light for sugar isgreen forSpencer’s.For restof thebrands it isamber–thismeansonemayconsume these occasionally so far as sugar is concerned.

• Whiledeclarationofsodium/saltonfoodproductslabelisnotmandatoryasperIndianlaw,fivebrands– Kellogg’s, Mohun’s, Patanjali, Spencer’s and Tops – have done so. This is a consumer-friendly step.

• Bagrry’sandReliancehavenotdeclaredtheirsodium/saltamount.

• Inbrandsthathavedeclaredsalt,trafficlightisgreenforPatanjaliandamberforMohun’s,Spencer’sandTops. Traffic light for Kellogg’s is red – this means consume it sparingly so far as salt is concerned.

Decoding Food Labels

CONSUMER VOICE FEbRUaRy 2019 • 19

Unit Price

WHO (World Health Organization) Guidelines on Dietary SaltAdults should consume less than 2 grams of sodium, or 5 grams of salt, per day, according to guidelines issued by the WHO. The main source of sodium in our diet is salt, although it can also come from sodium glutamate, used as a condiment in many parts of the world. A person with elevated sodium levels can be at risk of raised blood pressure, which increases the risk of heart disease and stroke.

The unit price gives a fair idea about the cheapest and costliest brands.

Sl No. Brand Maximum Retail Price (MRP) (Rs)

Declared Net

Weight (gm)

Unit Price (price per 100 gm) (Rs)

1 Bagrry’s 290.00 880 32.952 Kellogg’s 20.00 70 28.573 Mohun’s 55.00 200 27.504 Patanjali 10.00 35 28.575 Reliance 285.00 875 32.576 Spencer’s 89.00 250 35.607 Tops 50.00 200 25.00

Cornflakes

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Address: Plot No. 2A, Sector-8, Dwarka, New Delhi- 110077

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Key Finding• As per unit price, Tops (Rs 25 per 100 gm) is the cheapest brand. The costliest brand is Spencer’s

(Rs 35.60 per 100 gm).

20 •

Consumers are often misled by the claims on food packs and in commercials. they end up purchasing a product that may not be apt for them. not necessarily does a product have the quality that it claims to have. to protect the interests of consumers, Food safety and standards Authority of India (FssAI) has come up with the Food safety and standards (Advertising and Claims) Regulations, 2018. the regulations specify which claims can or cannot be put on food packs or in their advertisements.

Does Your Food Claim too Much?

Food & Stuff

When we see words such as ‘organic’, ‘natural’ or ‘fresh’ on a food packet, we tend to believe that this particular food is better than the other products in the

same category. Inscriptions such as ‘no trans-fats’ on a cooking-oil pack/bottle is meaningless because technically trans-fats cannot be present in cooking oils. When a chocolate-spread commercial says that it is rich in calcium and the amount is equivalent to

a glass of milk, a mother of a picky eater is inclined to think that she should buy this for her kid. The mother doesn’t know that for that calcium from the spread, the kid will have to eat 100 gm of it. Not only is this impractical, the sugar in the spread makes it unhealthy for the child even if the spread has calcium.

The new law contains a set of criteria and specifications for food-business operators. It also specifies which claims can be placed without the

CONSUMER VOICE FEbRUaRy 2019 • 21

Does Your Food Claim Too Much?

permission of the food authority; other claims will need approval from the food authority before they are out on the food packs or in commercials. This means if there are no specifications for a claim that a food-business operator wishes to place on a food pack, then the approval needs to be taken separately from the food authority. This claim must have strong scientific backing.

What They Claim

Basically, there are health and nutrition claims and other claims. Claims related to health and nutrition lead the consumer into believing that consuming the said food product is healthier when compared to others in the category, or that it is beneficial for health in some way. The new regulations lay down the general principles and criteria for claims such as the following:

1) Nutrition claims (including nutrient content or nutrient-comparative claims)

2) Non-addition claims (including non-addition of sugars and sodium salts)

3) Health claims (reduction of disease risk)

4) Claims related to dietary guidelines or healthy diets, and conditional claims

The other type of claims seek to lure the consumer by highlighting price benefits. This can be a small gift or toy with the food pack, or a ‘buy 2, get 1 free’ offer. The regulations do not specify anything about these claims. It is important for consumers to not be lured by such claims. It is not a good idea to consume a food item only because one wants the free gift with it.

Type of Health Claim Example(s)

Nutrition claims (nutrient content claim) Rich in calcium/source of fibre/low in sodium/high energy, etc.

Nutrient-comparative claim Reduced sodium levels/more than the original product/with increased vitamins and minerals, etc.

Non-addition claims Without MSG (monosodium glutamate)/without food colours/no preservatives added/no added sugar

Health claims (reduction of disease risk) Improves gut-microbial flora/aids in digestion/helps in controlling blood sugar levels/reduces the risk of development of colon cancer, etc.

*They must be designed in a way that consumers do not thinks of them as disease-prevention claims

Claims related to dietary guidelines/healthy diets

Provides 40 per cent of a child’s total growth needs/meets 30 per cent of the total calcium level needed by an adult in a day, etc.

*The claims must conform to the Indian Council of Medical Research dietary guidelines and recommended dietary allowances for Indians, and that too with the help of scientific evidences. This should be mentioned on the food labels.

Conditional claims Naturally high in calcium/genuine honey/pure ghee/original tea from Assam, etc.

*There are specific conditions in the food regulations for words like ‘natural’, ‘fresh’, ‘pure’, ‘original’, ‘traditional’, ‘authentic’, ‘genuine’ and ‘real’.

22 •

Food & Stuff

What else Do the Regulations Say?

• They spell out the procedures for approval ofclaims as also for redressal of non-compliances.

If the brand name of a food product has words (or words that also mean) such as ‘natural’, ‘fresh’, ‘pure’, ‘original’, ‘traditional’, ‘authentic’, ‘genuine’, or ‘real’, a disclaimer in not less than 3 mm size shall be given at an appropriate place on the label stating –

‘This is only a brand name or trade mark and does not represent its true nature.’

• Food-business operators cannot use words suchas natural, fresh, original, traditional, premium, finest, best, authentic, genuine, and real on food labels except under specific conditions explained in the regulations. The food products that do not comply with the specifications cannot have them on the food label anymore.

– Compiled by Richa Pande

• Food-business operators cannot put outadvertisements that –

a) undermine the importance of healthy lifestyle habits, or

b) promote or portray the product as a meal replacement.

• Noadvertisementsorclaimsforarticlesof foodsshall be made by any food-business operator that undermine the products of any other manufacturer for the purpose of promoting their own products or influencing consumer behaviour.

• Non- adherence to the regulations will bepenalized with a fine extending up to Rs 10 lakh, as per Section 53 of the Food Safety and Standards Act, 2006.

Food-business operators will have to comply with all the provisions of the regulations by 1 July 2019.

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CONSUMER VOICE FEbRUaRy 2019 • 25

We know that the higher the resolution, the better is the image quality. From this standpoint, a UHD tV, popularly also known as 4K tV, is a good buy certainly but not under all conditions. surprised? Well, to start with, the full benefit of 4K isn’t really evident until you get at least a 50-inch screen. As you go 50 inches and up, it becomes appreciably more important to get that higher resolution as it adds better definition and clarity to the picture at that size. Let’s suppose you have that 50-inch HD tV and you upgrade to 4K: you are cramming four times the number of pixels into the same amount of space. that makes for a denser picture with finer detail. on smaller tVs (under 40 inches), it’s difficult to see the difference between HD and 4K and one need not go with the latter option for these. the following guide will help you see what to expect from your UHD tV and the various parameters that you may want to assess. We also compare various models (40 to 55 inches) on some basic features.

Ultra-High-Definition (UHD) tVsextra resolution at extra price, but what else is extra?

Product Survey

It is important to have connectivity to the HD transmissions of the channels you want to receive. Another thing to know is that movies and TV shows need to be optimized for 4K in order to take full advantage of the higher

resolution.

Also, bear in mind that paying for more pixels doesn’t guarantee a better picture. Colour accuracy, smooth transitions between colours, and blacks that don’t look muddy or lose detail are far more important. More pixels may actually make it harder for the TV’s picture processor to deliver a good image.

26 •

Product Survey

4K has a resolution of 3,840 x 2,160 pixels, basically packing 8.3 million pixels into a screen. That’s four times more pixels than in a full HD television. Remember, though, that it’s not about sharpness, it’s about letting you see more detail and texture. The advantage of a higher-resolution screen is that you can sit closer and still get lots of detail in the image.

That said, there are more things going for a UHD TV than not. The extra resolution and increased pixel density means you can sit closer to your TV without spotting individual pixels. Almost all 4K TVs support the high-dynamic range (HDR) feature (apparently this technology expands the TV’s colour palette by displaying high levels of contrast between bright and dark colours).

Another reason you may decide to make the 4K TV leap: Standards for some UHD features, including HDR and a wider palette of colors, have now been set, so you don’t have to worry about missing out on a new important feature.

It’s a good thing that the number of 4K movies and shows you can watch in ultra-high definition is constantly increasing. And what’s more, the initial price barrier has dropped substantially over the past few years, making it both attractive and accessible.

So, if you have set your mind on it and have the budget, get that 4K TV by all means. Here is a compilation of the things you may want to know before making the purchase.

• Screen size

The common TV panel sizes available today are 35, 40, 43, 50, 55, 65, 70, 75, 85 and 110 inches.

You could consider a bigger set for spacious family rooms, or you will be sitting very far from the TV. Consider how many people in your family typically watch at once and where you are going to put your new set. Then pick the largest screen size that will fit comfortably into that space—and your budget.

A 127cm (50”) high-definition (HD) TV (1,920 x 1,080 pixels) will be fine at a viewing distance of two metres, for example.

If you want to sit closer, you’ll need to get a smaller set to avoid seeing the pixels (dots) that make up the screen. A bigger TV means you’ll have to sit further away.

Standard definition (SD) video can look average or poor, as it was not designed for giant TVs. This issue is more obvious if you have a large TV in a small room, as you’ll be close enough to notice imperfections.

CONSUMER VOICE FEbRUaRy 2019 • 27

Ultra-High-Definition (UHD) TVs

Pick a TV with Good Picture Quality

These simple, in-store steps can help you in assessing the various TV models:

• View from all angles: As you move sideways from the centre of the screen, most TVs will lose some colour and contrast. Stand in the middle of the screen at your normal viewing distance and then take a few steps sideways. If the picture degrades too much, keep moving till you find a screen that does a better job.

• Look for natural skin tones: Observe textures on a person in a studio setting, such as a news presenter. Look out for overall colour contamination such as a greenish or yellow tint that can’t be removed by adjusting the controls.

• Cycle through all the picture-mode settings: Check out dynamic, standard, normal or vivid in the store, as this may change the picture quality markedly.

• Screen type

LCD: Liquid crystal displays are pretty common to find, and may be the cheaper option. They are energy-efficient and usually have good colour and resolution.

An LCD screen needs a light source behind it, which will either be CCFL (cold-cathode fluorescent lamp) or LED (light-emitting diode) technology. CCFL technology still exists but it’s older and is being replaced by LEDs.

Some manufacturers and retailers will have you believe that LED is a completely different technology to LCD, but it’s just a marketing ploy. TVs branded as LED are actually LCD TVs that use LEDs as a backlight for the liquid crystals in the display.

OLED (organic light-emitting diode): OLEDs have millions of LEDs with the lighting component integrated into the pixel. These can produce very good colour and contrast and are better than most LED equivalents. While relatively expensive, prices

are going down since the technology has been available in the market for several years.

• Installation/Placement

Before purchasing the TV, decide where you want it to be placed – on a table stand or mounted on a wall. Most manufacturers today ship TV sets with a stand in the box, though the wall-mount brackets have to be purchased separately. Keep in mind that if you decide to mount the TV on a wall, you will need to find a way to hide the dangling cables. It is recommended that you keep the TV in a location where the other devices – set-top box, game consoles, portable storage devices, DVD players – can easily be connected.

It’s not just reaching the connections that can become a headache if you’re wall-mounting. You need to be sure that the angle of view is ok in both horizontal and vertical planes.

Sitting the TV on a table top is easier, but make sure it's stable and preferably secured to the base, so small children can’t pull it over.

28 •

You’ll need an internet connection to get your smart TV online. Most smart TVs are now wi-fi-enabled, meaning you can wirelessly connect them to your internet router and other devices like smartphones.

A good broadband speed is essential if you want to stream video. For example, if you want to stream 4K ultra HD content on Netflix, you’ll need at least 25Mbps to get the best experience. Also, go for an unlimited broadband package so you can avoid any extra changes for exceeding your data limit while streaming.

Warranty and Service Network

Most of us tend to stick to known, market-leading brands. But these may not be the best choice always. There are various factors to consider, other than the brand name. Does the brand have a network of service centres in your area? Is the installation included in the price, and what kind of warranty does it come with?

Product Survey

What Are the Security Risks?

Once a device goes online, it’s vulnerable – and your TV is no exception. At the same time, you need to consider whether or not nefarious types would even be interested in cracking into your TV.

What we as consumers can do is practise constant vigilance and stay updated. Add two-step authentication to apps that require a login, if it’s available. Also, connect to the network via ethernet if you can. It is much harder for hackers to break into a hardwired connection compared to wi-fi.

Things have improved over the years. Some brands make a point of highlighting security features

in their TVs, for example. As of now, protections like third-party anti-virus software that you can get for your PC isn’t really available for smart TVs.

CONSUMER VOICE FEbRUaRy 2019 • 29

What Else Do You Need To Consider?

Connecting devices

New TVs typically only use high-definition multimedia interface (HDMI). If you want to connect older equipment, you will need to buy converters that support classic connectors such as component and S-video (the kind of ports you can find on your VHS player). Converters are available in most electronics stores and online. Simply search for, or ask about, the conversion you require (for example, component to HDMI converter).

Recording shows and movies

Many TVs will now record shows. However, most TVs will only do it for the programme they’re tuned to. Very few TVs have two tuners and can record one channel while you watch another. If you think that’s going to be enough for you, it could help reduce the number of boxes (and remote controls) in your TV room.

Audio quality

Speaker performance is often overlooked when buying a television. While sound from the latest thin TVs is improving, you will generally get a better sound by adding a soundbar.

Remote control

Make sure the more commonly used buttons (volume, channel selector, standby, mute) can be located at a glance. If you have young children or an absentminded partner and your remote is likely to go missing, choose a TV with easily accessible controls on the TV itself.

Ultra-High-Definition (UHD) TVs

30 •

Comparisons at a Glance: Of 4K (UHD) TVs (40 to 55 inches)

Ways to Use Your Television Efficiently

• TurntheTVoffwhennooneiswatchingit.

• Buyamodelwithhigherstarrating(5stars).

• Knowthatlargerscreensconsumemoreelectricitythansmallerscreens.

• Knowthatthebrighterthescreen,themoreenergytheTVuses.

• DonotleavetheTVinstandbymodeforalongtime.

• PositionyourTVsothatitisn’tindirectsunlight–thisway,youwon’tneedtohavethebrightnessturned all the way up.

• Donotcleanthescreenpanelwithwetclothorwhenitis‘on’.

Product Survey

Sl No.

Brand Model Size (inches)

No. of USB Ports

No. of HDMI ports

Price (Rs) Warranty (months)

1 MI L55M5-AI 55 2 3 39,999 12

2 LG 43UK6360PTE 43 1 3 45, 790 12

3 Sanyo XT-43A081U 43 2 3 37,999 12

4 Panasonic TH-43FX650D 43 2 3 44,990 12

5 Sony KD-43X7500F 43 3 4 68,490 12

6 Sony KD-43X7002F 43 3 3 59,990 12

7 TCL 43P6US 43 2 2 31,990 18

8 TCL 55P6US 55 2 3 41,899 18

9 Samsung UA43NU7100 43 1 3 51,890 12

10 Philips 43PUT7791/V7 43 1 3 58,500 12

11 Onida 43UIR 43 2 3 38,990 12

12 LG 49UK6360PTE 49 1 3 57,272 12

13 Sanyo XT-49A081U 49 2 3 43,999 12

14 Panasonic TH-49FX600D 49 2 3 54,990 12

15 BPL BPL123E36S4C 49 2 3 35,990 12

16 Onida 50UIB 50 2 3 38,990 12

17 Sansui SNA50QX0ZSA 50 2 3 58,378 36

18 MI L55M5-AN 55 2 3 49,999 12+12

Note: Price may vary from retailer to retailer. Before buying check detailed specifications on ecommerce platforms like amazon.in and flipkart.com and compare the models.

CONSUMER VOICE FEbRUaRy 2019 • 31

A travel insurance policy that covers the student for the entire period of study abroad is not only essential but also insisted upon by many universities/institutes. Preparations for sending your child to study abroad can take months and need you to take care of several details, from getting prospectuses to filling up forms, applying for scholarships and writing exams, to calculating expenses and booking air tickets. the matter of getting an insurance cover may end up getting pushed to the bottom of the to-do list. It becomes all the more important then to have a ready reference/checklist that will guide you as you go about buying the right insurance. What all should a good student insurance cover apart from medical situations or loss of belongings? In the following report, we will focus on these aspects and also assess the various insurance plans on some standard parameters.

subas tiwari & Gopal Ravi Kumar

overseas travel Insurance for students Know what your policy does not cover

For this study, we chose 10 insurance plans based on consumer feedback and product structure. The parameters on which we have compared them include minimum and maximum entry age, maximum policy

term, personal accident, personal liability, loss of checked-in baggage, delay in checked-in baggage, loss of passport, medical cover, dental treatment, study interruption, sponsor protection, family visit, bail bond, and premium for one-year policy. We gave the highest weightage (15 points) to consumer feedback, which helped in determining product quality as

well as the most important and beneficial variables. These variables have a direct bearing on the product structure. Our questionnaire covering various features of the plans received responses from a cross-section of product users.

This study does not cover travel to the United States and Canada because insurance companies charge higher rates of premium for standard coverage when it comes to these countries. Besides, since a sizeable number of students opt to study in countries other than the USA and Canada, we thought it better to stick to comparable plans.

In the NewsBFSI

32 •

In the NewsBFSI

Notes:

a) Information given here has been sourced from websites/brochures/customer care as on 03-01-2019.

b) Sum assured and premium are dependent upon plans and period of insurance opted for.

c) We have selected for this study only those insurance companies that offer overseas travel insurance for students’ studies abroad.

d) The figures mentioned above are in US $.

e) For this study, only those plans have been taken up which are homogeneous and comparable.

f) Overseas travel/study for the comparative chart excludes visits to the USA and Canada.

g) NS – not specified; NA – not applicable

h) The variables mentioned in the chart are inbuilt (with individual capping) under the medical cover shown herein and are available within the premium payable.

i) In many companies the GST is included/excluded in the premium and is hence not specified here.

OVERSEAS TRAVEL INSURANCE PLANS FOR STUDENTS: A COMPARATIVE CHART

CV Weightage

Points (100)

HDFC Ergo (Student

Suraksha – Bronze)

Bharti AXA (Smart

Traveller Student – Standard)

Chola MS (Student Travel

Protection Plan – Gold)

Royal Sundaram

(Travel Secure – Student

Travel – Gold

ICICI Lombard (Globetrotter – Overseas Individual

Student- Gold)

Apollo Munich

(Educare – Bronze)

Bajaj Allianz (Student Elite –

Standard)

Religare Health

(Student Explore

Plus

Future Generali (Future Student

Suraksha – Standard

Star Health

(Student Travel – Gold)

Only for information

Plan options available 5 4 3 5 3 4 4 4 5 3

4 Minimum entry age (years) 16 (2) 16 (2) 16 (2) 12 (3) 16 (2) 10 (4) 16 (2) 12 (3) 18 (1) NS (0)

5 Maximum entry age (years) 35 (1) 40 (3) 35 (1) 40 (3) 35 (1) 50 (5) 35 (1) 40 (3) 35 (1) NS (0)

3 Maximum policy term (years) 2 (2) 2 (2) 1 (1) NS (0) 2 (2) 3 (3) 1 (1) 2 (2) 2 (2) NS (0)

5 Loss of checked-in baggage 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 500 (3) 1,000 (5) 300 (1)

5 Loss of passport 200 (4) 125 (2) 120 (2) 225 (4) 150 (3) 250 (14) NS (0) 150 (3) 175 (3) NA (0)

4 Delay in checked-in baggage 100 (3) 100 (3) NS (0) 50 (2) NS (0) 150 (4) NS (0) Nil (0) 150 (4) NS (0)

2 Personal liability 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 10,000 (1)

10 Personal accident 20,000 (8) 25,000 (10) 25,000 (10) 25,000 (10) 25,000 (10) 10,000 (4) 25,000 (10) 15,000 (6) 7,500 (2) 5,000 (1)

4 Sponsor protection 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 5,000 (2)

10 Study interruption 7,500 (7) 10,000 (10) 7,500 (7) 7,500 (7) 7,500 (7) 7,500 (7) NS (0) 7,500 (7) NS (0) 5,000 (3)

7 Medical cover 50,000 (4) 100,000 (7) 100,000 (7) 100,000 (7) 50,000 (4) 50,000 (4) 50,000 (4) 50,000 (4) 50,000 (4) 50,000 (4)

5 Dental treatment 250 (5) 500 (5) 150 (1) 300 (3) 150 (1) 150 (1) 500 (5) 250 (5) 250 (5) NA (0)

3 Family visit 7,500 (3) 5,000 (2) 7,500 (3) 5,000 (2) 7,500 (3) 7,500 (3) 7,500 (3) Nil (0) 5,000 (2) 5,000 (2)

5 Bail-bond insurance 5,000 (5) 1,000 (2) 5,000 (5) 1,000 (2) 5,000 (5) 2,500 (4) 500 (1) 500 (1) 500 (1) 2,000 (3)

13 Premium for 1 year policy (in INR) 5,024 (10) 8,356 (3) 5,271 (10) 12,302 (1) 7,865 (6) 7,008 (6) 4,973 (13) 5,506 (10) 8,840 (1) 4,762 (13)

15 Consumer feedback 12 2 4 8 7 1 8 1 2 1

100 Total 74 64 64 63 62 61 59 51 36 31

CONSUMER VOICE FEbRUaRy 2019 • 33

In the NewsOverseas Travel Insurance

OVERSEAS TRAVEL INSURANCE PLANS FOR STUDENTS: A COMPARATIVE CHART

CV Weightage

Points (100)

HDFC Ergo (Student

Suraksha – Bronze)

Bharti AXA (Smart

Traveller Student – Standard)

Chola MS (Student Travel

Protection Plan – Gold)

Royal Sundaram

(Travel Secure – Student

Travel – Gold

ICICI Lombard (Globetrotter – Overseas Individual

Student- Gold)

Apollo Munich

(Educare – Bronze)

Bajaj Allianz (Student Elite –

Standard)

Religare Health

(Student Explore

Plus

Future Generali (Future Student

Suraksha – Standard

Star Health

(Student Travel – Gold)

Only for information

Plan options available 5 4 3 5 3 4 4 4 5 3

4 Minimum entry age (years) 16 (2) 16 (2) 16 (2) 12 (3) 16 (2) 10 (4) 16 (2) 12 (3) 18 (1) NS (0)

5 Maximum entry age (years) 35 (1) 40 (3) 35 (1) 40 (3) 35 (1) 50 (5) 35 (1) 40 (3) 35 (1) NS (0)

3 Maximum policy term (years) 2 (2) 2 (2) 1 (1) NS (0) 2 (2) 3 (3) 1 (1) 2 (2) 2 (2) NS (0)

5 Loss of checked-in baggage 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 1,000 (5) 500 (3) 1,000 (5) 300 (1)

5 Loss of passport 200 (4) 125 (2) 120 (2) 225 (4) 150 (3) 250 (14) NS (0) 150 (3) 175 (3) NA (0)

4 Delay in checked-in baggage 100 (3) 100 (3) NS (0) 50 (2) NS (0) 150 (4) NS (0) Nil (0) 150 (4) NS (0)

2 Personal liability 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 100,000 (2) 10,000 (1)

10 Personal accident 20,000 (8) 25,000 (10) 25,000 (10) 25,000 (10) 25,000 (10) 10,000 (4) 25,000 (10) 15,000 (6) 7,500 (2) 5,000 (1)

4 Sponsor protection 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 10,000 (4) 5,000 (2)

10 Study interruption 7,500 (7) 10,000 (10) 7,500 (7) 7,500 (7) 7,500 (7) 7,500 (7) NS (0) 7,500 (7) NS (0) 5,000 (3)

7 Medical cover 50,000 (4) 100,000 (7) 100,000 (7) 100,000 (7) 50,000 (4) 50,000 (4) 50,000 (4) 50,000 (4) 50,000 (4) 50,000 (4)

5 Dental treatment 250 (5) 500 (5) 150 (1) 300 (3) 150 (1) 150 (1) 500 (5) 250 (5) 250 (5) NA (0)

3 Family visit 7,500 (3) 5,000 (2) 7,500 (3) 5,000 (2) 7,500 (3) 7,500 (3) 7,500 (3) Nil (0) 5,000 (2) 5,000 (2)

5 Bail-bond insurance 5,000 (5) 1,000 (2) 5,000 (5) 1,000 (2) 5,000 (5) 2,500 (4) 500 (1) 500 (1) 500 (1) 2,000 (3)

13 Premium for 1 year policy (in INR) 5,024 (10) 8,356 (3) 5,271 (10) 12,302 (1) 7,865 (6) 7,008 (6) 4,973 (13) 5,506 (10) 8,840 (1) 4,762 (13)

15 Consumer feedback 12 2 4 8 7 1 8 1 2 1

100 Total 74 64 64 63 62 61 59 51 36 31

CV RECOMMENDATIONS

Best Buy

HDFC ERGO (Student Suraksha)

Good Buys

Bharti AXA (Smart Traveller Student)

Chola MS (Student Travel Protection)

Fair Buy

Royal Sundaram (Travel Secure – Student Travel)

34 •

Is taking travel insurance mandatory?

Yes, it is. Many universities/institutes insist on a travel insurance policy that covers the student (understudy) for the entire period of study abroad. During the admission procedure, look for the overseas travel insurance clauses that may give some clue as to what needs to be done. Some universities make it mandatory for students to buy insurance from them. Some do not accept an insurance policy from insurance carriers outside their country. Some have clauses that Indian insurers’ policies may not comply with. If nothing is specified, you are free to choose one that suits your requirements at the country of your stay during the study period. The policy term can be from less than a year to up to three years.

How different will it be if you buy insurance abroad?

One can buy insurance abroad if the admission form contains such a clause, but it is going to be costlier (when compared to those available in India). If the admission procedure does not mandate it, it is better to buy from any insurer in India.

Reasons Why

Apart from the reason that some universities and institutes mandate travel insurance, there are other factors too which make it important to get one.

a) There is always the risk of accident to self.

b) Costs of medication/hospitalization in developed countries are relatively high.

c) Most of these policies cover study interruption, family visit in case of illness/hospitalization, dental treatment costs, etc.

While Choosing the Policy

a) Look for exclusions, sub-limits and deductibles.

b) Ensure that the policy term (policy period) matches with your overseas stay.

c) See that the policy is available for cashless claims (either in-house or through a reputed third-party administrator [TPA]).

d) Remember that pre-existing diseases (called PED) are not covered by these policies automatically, as there are certain waiting periods before the diseases are covered.

In the NewsBFSI

CONSUMER VOICE FEbRUaRy 2019 • 35

e) In view of the occasional racial attacks or assaults that have happened in some countries, you may want to ensure that your policy covers them all.

f) Look for additional covers (this entails payment of additional premium).

g) Look for both credibility and global presence of the TPA for ease of access to them in case of emergencies/when filing claims.

What Do These Policies Offer?

• Personal liability: The cover indemnifies the insured person in the event of their becoming legally liable to a third party under law or in case of an incident that results in death, injury or damage to the health of such third party or to their property/properties.

• Personal accident: This cover will compensate the insured person or his/her legal heir for any

injury he/she sustains during the period of their stay abroad and as covered in the policy, solely and directly caused by accident occurring during the period of insurance, thereby resulting in permanent disablement or death within 12 months (365 days) of the occurrence of this injury.

• Study interruption: This cover compensates for the tuition fees paid in advance in case the student is unable to continue studies due to hospitalization (for more than one consecutive month) necessitated by injury or sickness, or in the case of death of an immediate family member which leads the student to discontinue his/her studies during the remaining period/part of the study.

• Sponsor protection: This covers the reimbursement of tuition fees in case of death of the sponsor for the remaining period of education (simultaneous claims under this category or under ‘study interruption’ are not permissible).

In the NewsOverseas Travel Insurance

36 •

How Will You File a Claim?

a) Read the policy document under this head.

b) Note down the international toll-free number.

c) Look for network hospitals. These can provide you cashless hospitalization.

d) Send an email to customer care/claim helpline. They will guide you/send claim forms.

e) Submit supporting documents along with your claim form.

Normal Exclusions in Policy (list is not exhaustive)

• LocalstayinIndia(onholidaysbackhome/abroad) during the policy period

• Medicaltreatmentabroad

• Pre-existingdisease

• Suicide

• Any claim arising directly or indirectlyfrom using alcohol or drugs

• Mentalorpsychologicaldisorders

• Cosmetic/Plastictreatment/surgery

• Pregnancy/Childbirth

• Participationinwintersportsthroughland,air and sea

• Rehabilitation methods such as throughphysiotherapy/orthopaedic treatment

• Medical cover: This is a cover by way of monetary reimbursement available to the insured person for expenses incurred for availing immediate emergency medical assistance, required on account of any illness/injury sustained or contracted whilst abroad and covered under the policy on the following—

o Outpatient treatment

o Inpatient treatment

o Medical aid as prescribed

o Radiotherapy

o X-ray and diagnostic tests

o Cost of transportation

o Costs of special clinic if so advised

o Life-saving unforeseen emergency measures

o Transportation of the insured person and the accompanying person either to the nearest hospital/permanent place of residence as advised

o Repatriation of mortal remains

• Compassionate/Family visit: This covers one round trip (to and fro) in economy class air ticket and cost of stay for one immediate family member in the event of the insured person having got hospitalized for more than seven days and requiring assistance of the family member.

• Bail-bond insurance: This is a cover available to the insured person if he/she is wrongfully arrested/detained by the police/judicial authorities and the offence is bailable.

In the NewsBFSI

CONSUMER VOICE FEbRUaRy 2019 • 37

Consumer Voice Recommendations

o At present, there seems to be no income tax deduction available on the premium paid on this policy. The government of India can reduce a part of the burden on the sponsor by giving some kind of income tax deduction on the premium paid, perhaps with a rider that on completion of the study the student will work in India for at least three to five years.

o Bring down the premium costs (remember that the sponsor is being billed).

o Include racial abuse/attack/assault, both verbal and physical, in the policy cover.

o Bring put a package policy to include major events/mishaps.

Takeaways

a) Choose a policy that provides cover for personal accident (including racial attacks) in addition to medical cover, bail-bond cover and personal liability cover.

b) Look for a reasonable premium that puts minimal burden on your sponsor.

c) Check out the claim filing/settlement procedures including availability of international toll-free number/helpline in the policy.

d) Combine this policy with a domestic health insurance.

e) Go for a long-term policy to cover your study period.

In the NewsOverseas Travel Insurance

38 •

In the NewsBFSI Guide

Death, taxes and childbirth! there's never any convenient time for any of them.

~ Margaret Mitchell

You may not have made resolutions and lifestyle changes in the new Year, but your financials for sure will undergo a few impacting alterations. Although the finance ministry may not have made significant changes in the income tax slabs and the applicable rates, it did raise the total cess on income tax to 4 per cent. Also, the income tax slabs and exemption limits for assessment year 2019–2020 and financial year 2018–19 have been sub-categorized on the basis of age and residential status. Here’s a point-by-point discussion on a few points that may be beneficial for all tax-paying individuals.

Personal Income tax Provisions for FY 2018–19

1. Standard deduction

At present no standard deduction is available for salaried employees. However, exemption in respect of transport allowance and reimbursement of medical expenses is provided. Budget

2018 has proposed a standard deduction of a maximum of Rs 40,000. However, the current exemption in respect of transport allowance and reimbursement of medical expenses will be withdrawn. The net benefit will only be Rs 5,800.

The current exemption in respect of transport

allowance and reimbursement of

medical expenses will be withdrawn.

CONSUMER VOICE FEbRUaRy 2019 • 39

In the NewsIncome Tax

Particulars Until AY* 2018–19 From AY* 2019–20

Gross salary (in Rs) 500, 000 500,000

(-) Transport allowance 19,200 Not applicable

(-) Medical allowance 15,000 Not applicable

(-) Standard deduction Not applicable 40,000

Net Salary 465,800 460,000

*Assessment year

It is apparent that the taxable salary has come down on account of the standard deduction.

Tax on pensionPension drawn by retired persons is also treated as salary and, hence, they also can claim standard deduction. This was not available to pensioners earlier. Also, in a recent clarification issued by the income tax department, if a taxpayer has received a pension from the former employer, it is taxable under the head ‘salaries’. Therefore, a taxpayer will be entitled to claim a standard deduction of Rs 40,000 or the amount of pension, whichever is less.

40 •

2. Deduction on interest earned by senior citizens

Currently, under Section 80TTB, a deduction of up to Rs 10,000 is allowed to all individuals in respect of interest income from deposit accounts (not being time deposits) held with any bank, cooperative society and post office under Section 80TTB.

Also, the Income Tax Act now allows a deduction of up to Rs 50,000 in respect of interest income from all types of deposits (including savings accounts) held with any bank, cooperative society and post office by senior citizens. However, no separate deduction will be available under Section 80TTA for interest income from savings account for senior citizens.

3. Medical treatment of senior citizens for specified diseases (Section 80DDB)

Under the existing provisions, deduction is available to resident individuals and Hindu undivided family (HUF) for any amount incurred for the medical treatment of specified diseases coming under heading ‘critical illnesses’, examples being malignant cancers and AIDS.

The deduction is limited to Rs 60,000 for expenses relating to senior citizens and Rs 80,000 with respect to very senior citizens. The budget has proposed to enhance the above deduction limit to Rs 100,000

uniformly for both categories. The deduction will be allowed only if the taxpayer obtains the prescription for medical treatment from a certified neurologist/oncologist/urologist/haematologist/immunologist or such other specialist.

4. Enhanced deduction for health insurance, medical expenditure related to senior citizens (Section 80D)

Under the existing provisions, a maximum deduction of Rs 30,000 is allowed to an individual or HUF for payment towards health insurance premium, including Rs 5,000 towards preventive health checkup for resident senior citizens.

Deduction in respect of single-premium health insurance policies or lump-sum payment

A new sub-section, 4A, in Section 80D has been introduced. It states that in case of single-premium health insurance policies having a cover of more than one year, deduction will be allowed on proportionate basis for each of the relevant previous years, subject to the specified monetary limit. The proportion will be arrived at by dividing the sum paid by number of years covered.

In the NewsBFSI Guide

CONSUMER VOICE FEbRUaRy 2019 • 41

Alternatively, very senior citizens can claim a deduction of Rs 30,000 for payment towards medical expenses where there is no insurance. The Income Tax Act now allows a maximum deduction of up to Rs 50,000. Besides, senior citizens can also claim the deduction for medical expenditure.

5. Compensation on termination or modification of employment

Currently, certain compensation in connection with employment is out of the purview of taxation, leading to base erosion and revenue loss. The Income Tax Act now says that any compensation or other payments due to or received by any person in connection with the termination or the modification of the terms and conditions of any contract relating to their employment will be taxable under the head ‘income from other sources’ (cited in a Deloitte report).

6. Extending the benefit of tax-free withdrawal from NPS (Section 80CCD)

At present, an employee contributing to the National Pension System (NPS) is allowed to withdraw 60 per cent of the total amount paid by him/her on closure of his/her account or on his/her opting out. Twenty per cent of this amount was taxable earlier.

The government has now given tax relief on this 20 per cent as well. As a result, NPS is now at par with the tax benefits available to PPF (which means that investment at the investment, accumulation and withdrawal stages will be tax-free).

The central government’s contribution to the corpus fund has also been raised to 14 per cent from the existing 10 per cent. This will increase the eventual accumulated corpus of all central government employees covered under NPS.

7. Taxability of long-term capital gains on equity shares

The Income Tax Act has levied a 10 per cent tax on long-term capital gains (LTCG) arising out of the sale of equity-oriented mutual fund (MF) schemes as well as equity shares, in case of capital gains exceeding one lakh rupees in a year. Also, no benefit of indexation will be given.

In the NewsIncome Tax

8. Exemption from taxation of long-term capital gains invested in specified bonds

Deduction under Section 54EC is available in respect of capital gains arising from the transfer of a long-term capital asset, if invested in a long-term specified asset within a period of six months after the date of such transfer.

Long-term specified asset means any bond redeemable after three years and issued on or after the 1st day of April 2007 by the National Highways Authority of India (NHAI) or by the Rural Electrification Corporation Limited (RECL), or any other bond notified by the Central Government.

The exemption available under Section 54EC has been restricted only in case of capital gains arising from transfer of long-term capital assets being transfer of land or building or both.

9. Payment of advance tax by senior citizens

As per Section 208, every person whose estimated tax liability for the year is Rs 10,000 or more shall pay his tax in advance, in the form of ‘advance tax’. However, Section 207 gives relief from payment of advance tax to a resident senior citizen. As per this section , a resident senior citizen not having any income from a business or a profession is not liable to pay advance tax.

It also allows a senior citizen to forgo his tax burden or liability through the payment of self-assessment tax. This applies to all tax liabilities of the individual, with the exception of tax deducted at source (TDS).

42 •

Tax slab – resident individuals under 60 years

Income (Rs) Income tax rate payable

0 to 250,000 Nil

250,001 to Rs 500,000 5%

500,001 to 1,000,000 20%

1,000,001 and above 30%

Note: Tax relief under Section 87A of Income Tax Act – in case of a resident taxpayer having total income not exceeding Rs 350,000 in financial year 2018–19, income tax chargeable on the income or Rs 2,500, whichever is less

Tax slab – resident individuals above 60 years but under 80 years

Income (Rs) Income tax rate payable

0 to 300,000 Nil

300,001 to Rs 500,000 5%

500,001 to 1,000,000 20%

1,000,001 and above 30%

Note: Tax relief under Section 87A of Income Tax Act – in case of a resident taxpayer having total income not exceeding Rs 350,000 in financial year 2018–19, income tax chargeable on the income or Rs 2,500, whichever is less

Tax slab – resident individuals above 80 years

Income (Rs) Income tax rate payable

0 to 500,000 Nil

500,001 to 1,000,000 20%

1,000,001 and above 30%

Surcharge• It is 10 per cent of the income tax, where taxable income of an individual is Rs 5,000,001 to

10,000,000.

However, the amount of income tax and surcharge shall not increase the amount of income tax payable on a taxable income of Rs 50 lakh by more than the amount of increase in taxable income.

• Itis15percentoftheincometax,wheretaxableincomeofanindividualisRs10,000,001orabove.

However, the amount of income tax and surcharge shall not increase the amount of income tax payable on a taxable income of Rs 1 crore by more than the amount of increase in taxable income.

Personal Income Tax Slab Rates (Financial Year 2018–19/Assessment Year 2019–2020)

In the NewsBFSI Guide

CONSUMER VOICE FEbRUaRy 2019 • 43

Readers are aware that the Consumer Voice BFSI Desk has been bringing out articles on banking, financial services and insurance matters every month. We are now extending this domain to cover advice, guidance and assistance to consumers on financial matters.

You may approach us with any financial grievance that you have or if you need advice on investment options/financial planning.

We have put up a dedicated landline for easy access to us (011-47331004; ask for Subas Tiwari at BFSI Desk). You may also email us at [email protected]

Consumer Voice Finance Helpline

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NON-MEMBERSLODGING YOUR GRIEVANCEALONGWITH INITIALCONSULTATION FEE (One-time)(TO BE PAID EITHER BY CASH OR NEFTIN FAVOUR OF 'VOICE SOCIETY')(consumers would then be called to present their complaint/grievance with documentary evidence)

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MEMBERS OF CONSUMER VOICE MAGAZINE(IF SUBSCRIPTION FOR CV IS TAKEN FOR 1 YEARALONGWITH LODGING OF GRIEVANCE, A CONCESSIONAL FEE OF Rs 500 WOULD BE CHARGED)

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MITIGATION WITHOUT ANYFINANCIAL BENEFIT ACCRUING TO CONSUMER(B) RESULTING IN GRIEVANCE MITIGATION WITH FINANCIAL BENEFIT ACCRUING TO CONSUMER

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minimum of Rs 3,000 or 15% of financial benefit)

(A) RESULTING IN GRIEVANCE MITIGATION

WITHOUT ANY FINANCIAL BENEFIT ACCRUING TO CONSUMER)

Rs 3,000 (a minimum of Rs 3,000 or 15% of financial benefit)

TIER III

RENDERING FINANCIAL ADVICE ON INVESTMENT

Rs 10,000

RENDERING FINANCIAL ADVICE ON INVESTMENT

Rs 10,000AVENUES/OPTIONS AVENUES/OPTIONS

(resulting in consumer being able to maximise his interest income/dividend income)

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44 •

In the NewsLegal Matters

A curious case of erroneous verdicts, wrong interpretations and arzi-farzi proxy counsels

Human progress is neither automatic nor inevitable... every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

~ Martin Luther King, Jr

Imagine this: A fraudulent organization takes your money as a deposit with the promise of higher returns and later fails to return even the principal amount. You will surely sue the person, file a complaint in consumer forum, and hope for speedy redressal of the case. However, what if the accused person keeps on appealing against the verdicts of all forums – district, state and national – and finally gets relieved without any penalty, fine or punishment from supreme Court. Yes, this too can happen in exceptional cases, especially where the accused person’s role, authority and obligations are not clearly defined or backed up with enough evidences in your complaint. there is an important lesson there and we explain this through a case that did the rounds of several courts.

– Dr Prem Lata, Consumer AwakeningFormer Member, CDRF-Delhi

In December last year, Supreme Court turned down the orders of district and state consumer forums against HK Singla, secretary of Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, and

stayed his arrest. These orders apparently had been upheld by the National Consumer Disputes Redressal Forum while denying the appeal request of the accused.

However, the Supreme Court found one technical error with regard to the identification of the accused.

CONSUMER VOICE FEbRUaRy 2019 • 45

Erroneous Verdicts

complainant reached out to the district consumer forum for execution of the order under Section 27 of Consumer Protection Act. (Consumers need to know that after the order has been passed by the consumer forum, they have to reach out to the same and make a request for ‘execution’ of that order as well.)

As the accused had failed to pay the decretal amount, the district forum ordered two years’ imprisonment and a fine of Rs 5,000. Aggrieved by this order, the respondent again appealed to the state commission for staying the imprisonment order. The commission passed an interim order staying the imprisonment on the condition that the decretal amount would be paid within eight weeks.

However, the defendants failed to comply with this order also and instead took their appeal to the national commission.

The national commission confirmed all the orders of the lower courts and stated that the district forum rightly ordered for imprisonment under Section 27 of the Act for non-compliance with its order. The state commission had given an opportunity to the opposite party to pay the decretal amount within a specific period and conditionally stayed the operation of imprisonment.

The order passed by the national commission reads as under:

“Appellant had shown his inability to pay the decretal amount. Under the circumstances, the district forum convicted the appellant and sentenced him to simple imprisonment of two years. Appellant filed the appeal before the state commission. State commission by an interim order stayed operation of the order of the district forum subject to deposit of the entire decretal amount. We do not find any infirmity in the interim order passed by the state commission. The decree passed against the appellant attained finality. Under the circumstances, district forum under Section 27 of Consumer Protection Act, 1986, had no option other than to convict the appellant. The state commission has rightly stayed the operation of the impugned order subject to deposit of the entire decretal amount. Dismissed.”

With this observation, the national commission dismissed the appeal.

It stated that the case was against the society and therefore could not be forced upon its secretary alone, and also that he could not be jailed for the society’s failure to refund/repay the depositors’ money.

While the apex court’s reasoning may seem reasonable, the question lingers: where should the aggrieved depositors go? In this particular case, the society in question has been declared bankrupt and is under liquidation. So, an independent court-appointed arbitrator is assessing the organization’s assets and liabilities and will gradually pay back the depositors – whether it will be the principal amount, the promised amount, or just a part of the deposit is another matter though.

The Case in the Consumer Courts

One Avtar Singh Saini, among a few others, had filed a complaint against the secretary of Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, claiming the maturity amount along with interest on his deposit with the society.

Section 27Section 27 of Consumer Protection Act, 1986, empowers the district forum, the state commission and the national commission to impose penalties. It empowers the authorities to pass an order to punish a person with imprisonment for a term which shall not be less than one month but which may extend to three years or with a fine, in case a trader or a person against whom the complaint is made fails or omits to comply with any order passed by the authorities.

It came across as a simple case of delay in disbursal of maturity amount and the district forum passed an order in favour of the consumer and also directed the society to pay to the complainant the maturity amount with interest of 10 per cent per annum, along with compensation of Rs 10,000.

Since the society was already under liquidation, it appealed before the Chandigarh State Commission. The commission dismissed the appeal, finding no error in the district forum’s order.

Knowing that the appeal had been dismissed, the

46 •

In the NewsLegal Matters

Turnaround at Supreme Court

The case reached Supreme Court and was studied and analysed by Justice R Subhash Reddy. On 14 December 2018, Justice Reddy stated that the Supreme Court, while looking into the matter closely, found errors committed by the courts.

Firstly, the district forum in its order fixed the liability of the secretary, Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, to repay the deposited amount with interest to the complainant, but it did not make the secretary liable in his individual capacity. Hence, he could not be imprisoned under Section 27 of the Act unless he was made party by name or on behalf of the society, fixing ‘personal’ liability.

Secondly, the state commission, while staying the order of imprisonment in 2013 with condition to pay the decretal amount, did nothing to correct the error though this interim order continued from time to time. It was for the state commission to decide there and then as to whether any order for jail could be passed against the society’s secretary for non-compliance with the order.

Lastly, although the national commission did not interfere in the order passed by the lower courts, it did not specify who should be sent to jail.

The Supreme Court suspended the order of the district forum and stayed the imprisonment of the society’s secretary. The court also observed that as the society was under liquidation and a liquidator had been appointed, the complainant was at liberty to

take necessary steps to recover the decretal amount in accordance with law and as ordered by the district court.

Lesson Learnt

As per the practice under law, in cases of suits, claims and complaints filed by corporates, authorities, societies, or other such units, they are to be filed through proper name and person authorized by the authority under the document ‘power of attorney’ to sign documents, etc. Further, it needs to be supported by a ‘resolution’ passed by the authorities, directors or the board/management, or whosoever legally owns and controls such organizations.

In the case discussed here, nothing had been brought on record and the case was not filed through an individual name. Secretary is an office and officer may change, and the next man cannot be held responsible in his individual capacity for the deeds of his predecessor.

Proxy Counsels?At courts, if you see some proxy counsel appearing on behalf of your opponent or his lawyer just to get the court adjourned or get an additional date, etc., you can appeal against the same and cite a judgement from Supreme Court.

A three-judge Supreme Court bench comprising BS Chauhan, J Chelameswar and MY Eqbal, while listening to the special leave petition in the matter of Sanjay Kumar versus State of Bihar, had ordered:

“In the instant case, the counsel appearing in the court for the petitioner has designated himself merely as a proxy counsel. The advocate- on-record (AOR) had no courtesy to send at least a slip mentioning the name of the counsel who has to appear in the court. Thus, in such a fact-situation, we had no advantage even to know the name of the counsel who was appearing in the court.

“In such a chaotic situation, any Arzi, Farzi, half- baked lawyer under the label of proxy counsel, a phrase not traceable under the Advocates Act, 1961, or under the Supreme Court Rules, 1966, etc., cannot be allowed to abuse and misuse the process of the court under a false impression that he has a right to waste public time without any authority to appear in the court, either from the litigant or from the AOR, as in the instant case.”

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