Measures for protection and promotion of consumer interest
Establish Department of Consumer Affairs in 1991
Establish Consumer Welfare Fund in 1992
Establish Competition Commission of India to prevent anti-competitive business practices in 2003
Set up FSSAI in 2006
Proposal to establish Central Consumer Protection Authority
Need in India - no sample, unified agency to redress consumer grievances
Consumer Protection Act, 1986 - later amended thrice in 1991,1993 and 2002
File complaint - consumer, consumer association, central govt. , 1 or more consumers and legal heir or representative of deceased consumer
Consumer - term include any person buying, agreeing to buy, hires or avails service for non-commercial purpose
Ground to File Complaint - unfair trade practice, defect of good, deficiency in service, change price in excess of price fixed under law, offer hazardous goods or services
👌 Where to file - District Forum (officer of rank of district judge & 2 members - one is lady member, upto ₹ 20 lakhs) , State Commission (retired judge of high court, ₹ 20 lakh to ₹ 1 crore) , National Commission (retired judge of Supreme Court, More than ₹ 1 crore) - these bodies are quasi-judicial & heard by person from legal background known as consumer courts - vested with powers of civil court to hear and enforce orders; follow principle of natural justice
Procedure - written complaint without advocate, small fee proportional to compensation
Relief to Victim - removal or replacement of defect, refund, payment of compensation, payment of punitive damage, cease and desist, withdraw hazardous goods, compensation to unidentifiable person, corrective advertisement to neutralize effect of misleading advertisement & payment of cost to either party
Justice Delivery for Low Income Consumers
UN Guidelines for Consumer Protection, 1985 later expanded by Economic and Social Council through resolution of 1999 - enable consumers for fair, inexpensive and accessible procedures
Later guidelines in 2015 - fair, transparent, inexpensive, accessible, speedy and effective dispute resolution without unnecessary cost burden
📝 ADR Types
Out of court resolution
Laid under section 89 of Code of Civil Procedures inserted by Amendment Act 46 of 1999 - following recommendation of Malimath Committee & Legal Authorities Act, 1987
Legal Services Authorities Act, 1987 - operational through notification in year 1995 lays Lok Adalats consisting of retired judicial officers
Use of section 89 (mechanism to settle dispute out of court) is held mandatory under Salem Advocates Bar Association vs. Union of India
ADR is mandatory in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. Ltd.
Case of medical negligence finalized after 23 years - Bijoy Singh Roy by LR vs Biswanath Das & Ors
Consumer Fora - to monitor speedy resolution of disputes and avail ADR mechanism
Consumer International - federation of 250 consumer group associated with UN declared 2018 as year of e-commerce with theme “Better Digital World”
UK - Consumer Rights Act, 2015 - includes digital content along with goods and services
Online Dispute Resolution (ODR) for speedy resolution in cross-border disputes
Keeping Pace with Technological Dynamics
Digital payments like BHIM, UPI, IMPS
Digital medium and mobile transactions
40% population now uses internet worldwide
Consumer voluntary participation is motivated
Address issues of data breach, stealing of digital records, losing information for financial loss
Listen, understand consumer demands with consumer-centric approach, and respond to their expectations
Digital education benefits to rule out duplicate and facilitate e-commerce - accurate information about products
Consumer Inclusion in Financial Services
UN Guidelines of 2015 - 1st time includes financial services for fair treatment, fight abuse and frauds
Global financial crisis and impact on OECD G20 to evolve high-level principles on Financial Consumer Protection of 2011 - consumer confidence and trust in market
Banks alone control 64% of total assets
👌 Banking Ombudsman appointed by RBI in each state listens to consumers and redresses them
2013 - Indian Institute of Public Administration released report on impact and effectiveness of CPA - 10.2% complaints are decided in 3 months and 17.8% complaints decided in 5 months; in 40% of district consumer forum less than 15 cases were filed per month
It evaluated impact of CPA in 10 districts of 5 states - Karnataka, Gujarat, UP, Odisha and Tripura
Lacunae - absence of mechanism to enforce rights under law and prevent violations
Consumers as Co-Protector in Health Services
Information asymmetry where one party has more information affects the seller or buyer alike and pose a risk of market failure
Health services under section 2 (1) of CPA, 1986
Distinction between contract of services (party rendering service is not subject to detailed control but professional skill) and contract of service (obligation to obey orders in work to be performed)
People are co-producers of health services - behavior (alcohol consumption) determines health status
Public provision of health services and regulation of health services
Ensure affordable cost
Indian Public Health Standards & Clinical Establishment (Registration and Regulation) Act, 2010 - minimum standards of health facilities
👌 National Accreditation Board of Hospitals and Healthcare Providers (NABH) - give accreditation to healthcare facilities
Drug (Price Control) Order DPCO, 2013 - regulate price of essential medicines and drugs - atleast for medicines listed in Essential Drug List (EDL) patient does not end up paying high cost
👌 Health Education - learning experience to help individuals and communities improve their health
👌 Health Literacy - cognitive and social skills to determine ability of individuals to gain access to information to promote good health beyond reading pamphlets and making appointments
Adopt holistic approach, engage civil society and use emerging strengths
Looking forward for Universal Health Coverage (UHC) with active participation of people
GST: Impact on Consumers
More than 50% goods and services come under 18%
4 slabs are 0% , 12% , 18% and 28%
Cab booking - rate from 6% to 5%
Airlines from 12% to 5% except for business class
Movie ticket at 18% upto ₹ 100 and 28% above it
3% GST on gold and 5% on making charges
Primary education and healthcare is exempted from GST
Hotel with room above ₹ 5000 will be 28% GST
Enterprises with turnover of ₹ 20 lakh and more will have to follow GST
Educating the Rural Customer
Rising income level and monthly per capita income has increased 17% b⟋w FY10 and FY12
Spending on food items increased from 40% to more than 50%
Consumer courts don՚t require lawyers and hence is cheap process
Rural area accounts for of economy and rural markets have potential to reach $ 500 billion by 2020
With growing income, corporate houses enter rural markets
Insurance, banking, electricity and banking expanded to rural areas
Agmark - quality of agricultural produce - pulses, species, vegetable oils, wheat products, milk products
Doordarshan channel - DD Kisan for farmers in 2015
1986 - Amendment in Prevention of Food Adulteration Act - authorized every citizen to become food inspector and participate in food safety
👌 PMGDISHA - PM Gramin Digital Saksharta Abhiyan - make 6 crore rural households digitally literate by March 2019
National Digital Literacy Mission and its implementation by NASSCOM, Intel and HP
Quality Assurance for Consumers
Indian Standards Institution (ISI) registered under Societies Registration Act 1860 as National Standards Body of India - prepare and promote standards for adoption by Indian industry
Later expanded to include Product certification by ISI Act, 1952
BIS Act, 1986 - standards for safe, reliable and quality goods
Product certification scheme of BIS - third party guarantee of quality, safety and reliability
BIS certified jewelers can do hallmarking. Recognition of Assaying & Hallmarking center is done against IS 15820: 2009
👌 Mobile App - CARE by BIS - access information and lodge complaint against ISI Marked product or hallmarked item
📝 Customer Satisfaction: Mantra of Banking Management
RBI framed Charter of Customer Rights specifying 5 basic rights that bank customers enjoy. RBI advised Indian Bank Association and Banking Codes and Standards Board of India to formulate model “Model Customer Rights Policy”
Right to fair treatment - fair relation between bank and customer, staff attends customers
Right to transparency, fair and honest dealing - ethical, display tariff schedule & public domain
Right to suitability - for customers
Right to privacy - keep customer information confidential
Right to Grievance Redressal and Compensation - hold financial services accountable for products offered
Acknowledge complaint within 3 days and try to resolve in 30 days
Complaint redressal process is part of any corporate entity
Listen to problem, identify, sympathize, show empathy, thank customer, act quickly
Classify complaints (violate regulatory law, internal bank policy or customer service issues) , analyze trend, take management action, improve complaint process
Complaints received under PM Jan Dhan Yojana - refusal to open bank account, non-received of Rupay card, non-activation of card, accidental insurance claim
Banking Ombudsman - senior official appointed by RBI to redress customer complaint against deficiency in certain banking services
📹 Corridor Concept to Road Development
📝 Bharatmala Pariyojana - new 24,800 km arrived at based on OD (origin destination) surveys and traffic assessments
Already done under NHDP, Golden Quadrilateral and North-South, East-West corridor
Project selection - based on OD traffic & segment specific traffic density
Execution mechanism and financing - push towards PPP
Land acquisition and environmental clearances
Bolder visioning
Highway work worth ₹ 8 lakh crore scheduled before 2018
Umbrella program for highway sector with efficiency on road traffic movement
50 national corridors as opposed to 6 at present
Help move 70 - 80% freight in contrast to 40% now
Connect 550 districts by NH linkages
Positive impact on Logistics Performance Index
Phase I: 10,000 km of balanced road works along with 24,800 kms in Phase I at cost of ₹ 1,00, 000 crore
Identified 26,200 km of economic corridor with heavy freight of which 9,000 km will be taken for development along with 8,000 km of Inter-corridors, 7,500 km of feeder corridors, 3300 km of border roads, 2000 km of international connectivity, 2100 km of coastal roads and 2000 km of port connectivity
Invest India: An Exemplar of New India
Proactive agency for professional support and hand holding services to potential investors from overseas - understand and analyse the business and facilitate and fasten the journey
Make India most attractive destination for FDI inflow - convert red tape to red carpet
110 team members have professionals from ex-investment bankers and management consultants
Judged as winner at UNCTAD investment promotion awards in 2016
Model that pivots around individuals and prioritize teamwork
Indo-UK institute of Health is creating integrated medicities across 11 states
👌 Danish wind turbine company Vestas manufacturing blades in Gujarat - fastest in firm՚s history to beat earlier record of China
Answer 1,00, 000 queries from investors - cover 47 sectors and 115 countries
Facilitates $ 80 billion to cover 300 cases and employ 7 lakh individuals
Miscellaneous
Largest ever survey of 25 lakh students
National Achievement Survey
45 questions for class 3 and 5
60 questions for class 8
Reflected Learning Outcomes developed by NCERT
👌 MSME Samadhan
MSME Delayed Payment portal
Monitor delayed payment in effective manner
Excerpts from PM Address to International Conference on Consumer Protection
India is first few nation to enact CPA, in 1986 just 1 year after UN Guidelines being adopted
Protection of consumer interests
Enact RERA to protect home buyers
GST has brought new business culture
Capacity of National Consumer Helpline has increased 4 times
Affordable medicine to poor by Bhartiya Jan Aushadhi Pariyojana
Monetary savings in consumer interest - Ujala - reduce cost of LED and electricity bills
UPI boosted e-commerce
👌 Water Audit
Global problem of water shortage and demand to exceed supply by 40% by 2030
Minimize loss, optimize use and enable conservation by reduce, reuse and recycle
Steps Involved: Water Supply & Usage study, process study, quality of water, system audit, discharge analysis & water audit report
Irrigation accounts for 83% of current level of water utilization
NPP
National Power Portal
Centralized platform for collation and dissemination of Indian Power Sector information
Centralized system for Indian power sector which facilitates online data capture from generation, transmission and distribution utilities - by GIS enabled navigation system; 👌 power apps like TARANG, UJALA, VIDYUT PRAVAH, GARV, URJA and MERIT
👌 Integrated with Central Electricity Authority (CEA) , Power Finance Corporation (PFC) abd Rural Electrification Corporation (REC)
Indian State Level Disease Burden Report
Per person burden due to infectious disease like diahorrea & TB is 7 to 9 times higher in Bihar, Odisha, UP, Rajasthan, MP, Assam and Jharkhand while non-communicable disease burden is higher in some other states
Joint initiative of ICMR, Public Health Foundation of India (PHFI) and Institute of Health Metrics and Evaluation (IHME) in collaboration with Ministry of Health and Family Welfare
Northeast
NE to get India՚s 1st Air dispensary - It is based in helicopter & DoNER contributed ₹ 25 crore as part of project
Emerging startup destination
North East Council (NEC) to be reoriented & develop state of art resource center for North East States
3 mega food parks in Assam, Tripura & Mizoram with 50 species of bamboo, 14 of banana and 17 of citrus fruits & huge production of pineapples and oranges
Jammu
👌 Tourist spot at Suchetgarh in Jammu
Protection and preservation of wildlife
Disaster management training
👌 Biaras Small Hydro Power Project in Biaras Drass, Kargil was commissioned in 2017 - 1st project under Ladakh Renewable Energy Initiative
👌 Trains between Indian & Bangladesh
1st train - Kolkata to Dhaka (Maitree express in 2008)
2nd train - Kolkata - Khulna (Bandhan express in 2017) - weekly service with end to end immigration and custom clearance
Bhairab bridge (on Meghna river at $ 75 million) and Titas bridge (on Titas River at $ 25 million) built under assistance of GoI