REPORT BASED ON THE WORKSHOP ORGANIZED BY

THE INDIAN LAW INSTITUTE (DEEMED UNIVERSITY) AND INDIAN INSTITUTE OF PUBLIC ADMINISTRATION

ON JULY 14TH-15TH 2011 AT PLENARY HALL, ILI

BY-POULOMI SENGUPTA MBA-2ND SEMESTER BU-S-10 IIBS NOIDA

ACKNOWLEDGEMENT
I am thankful to Ms. Seema Mishra, Assistant Dean IIBS Noida, Mr. Ranjay Kumar Vishen, Director, IIBS Noida, Ms. Arya A. Kumar Assistant Professor, Indian Law Institute for giving me this opportunity to attend the workshop on Consumer Protection and Consumer Welfare .In the field of Business Administration it is always important to have a knowledge about the legislation an jurisdiction related to the consumers. The workshop was organized with a vision of creating awareness among the common people as well as the students and scholars of different specified fields. I am equally thankful to the Honorable Chief Guest Justice Mr. D.P.Wadhwa, Former Judge, Supreme Court of India, Chairperson, Central Vigilance Committee for sharing his expensive time with us. My heartiest gratitude to Professor Dr. D.S.Sengar, Director ILI , Justice Mr. Swantanter Kumar, Honorable judge Supreme Court Of India and all the speakers and scholars who shared their knowledge and experience. It has been a great experience and a different learning process.I am overwhelmed with the warm hospitality of the students of ILI. At the end I would like to mention that International Institute of Business Studies (Noida) stood like a bridge between the students and their future prospects so I feel I am fortunate to be a part of this Institution and I am really grateful to the academic and administrative authority of IIBS. Poulomi Sengupta

TABLE OF CONTENTS
Page-1. Introduction. Page-2-Program Schedule. Page-2.1-Day-1. Page-2.2- Day -2. Page-3- Introduction About The Institutes. Page3.1-International Institute Of Business Studies. Page-3.2- Indian Institute of Law. Page-3.3-Indian Institute of Public Administration. Page- 4-Objectives of the workshop. Page-5- Learning From the Workshop. Page-5.1-Concept Note Page-5.2- Things to Do. Page-6- Summary Page-7-Copy of the Certificate. Page-8 Group-Photo.

PAGE-1

INTRODUCTION
It is well recognized world over , that protection of Consumers rights and interests not only promotes the interests of business but also of the state as well. Every one is a consumer in this world. Even a producer or trader, or manufacturer of any goods or services is a consumer of another goods or service by others. Every marketing activities revolving around the consumers. In any marketing environment there should be satisfactory seller buyer relationship which establishes mutually acceptable business transactions. Usually seller indulges in diversified malpractices such as adulteration of food, underweightment, deceptive packaging etc. Such malpractices in trade may enriches the trader but at the cost of consumer. This proves the degraded business ethics of the people involved in the channel of trade. Majority of the buyer in the country are illiterate and caught in the vicious circle of poverty. They are unorganized and unaware to safeguard their interest. However, slow, the voices of dissent were raised by different people from time to time paved the way for sprouting consumer movement and consequent consumer legislation. Probably every day we all play a common role in our daily life- the role of a Consumer. Right from using the Toothpaste and the Toothbrush in the morning till the usage of a Mosquito Repellant at night- we consume different products throughout the day.

But are we all aware of our rights??? Let s Find The Answer

PAGE-2.1

PROGRAM SCHEDULE
Day-1 14th July-2011 Plenary Hall(ILI)

9.00a.m-10.00a.m 10.00a.m-10.15a.m 10.20a.m-10.30a.m

Inaugural Session(Registration) Lighting the Lamp

10.30a.m-10.45a.m

11.30a.m-12.30a.m (TECHNICAL SESSION-1)

12.30a.m-1.00a.m 1.00p.m-2.00p.m 2.00p.m-3.30p.m (TECHNICAL SESSION-2)

3.45p.m-5.00p.m (TECHNICAL SESSION-3)

Prof D.S.Sengar Director-ILI Introductory Remarks Prof.(Dr.)Suresh Mishra Chair Professor and Chairman IIPA Inaugural speech by Hon ble Justice Chief Guest D.P.Wadhwa Former Judge Supreme Court Chairperson- Central Vigilance Committee on PDS Panel Prof. S.S Singh(Director, Discussion(consumer National Law School, protection, legal Bhopal) framework,Policy Prof.Suresh Mishra(Chair perspectives and Need Prof & Chairman , IIPA) for Consumer Protection ) Prof. D.S. Sengar(Director, ILI) Interaction with Participants Lunch Break Working Of Quasi Judicial Justice V.B. Gupta Forums:The Consumer Member, National Redressal Agencies Consumer Redressal Forum ADR and Mediation as a MR. P.H. Parekh tool to protect the Senior Advocate Consumers

PAGE-2.2

PROGRAM SCHEDULE
DAY-2 15th July-2011 Plenary Hall-ILI

9.30a.m-11.00a.m (TECHNICAL SESSION-4)

11.30a.m-1.00p.m (TECHNICAL SESSION-5) 1.00p.m-2.00p.m 2.00p.m-3.30p.m (TECHNICAL SESSION-6) 4.00p.m-5.15p.m 4.00p.m-4.30p.m 4.30p.m-4.55p.m

Consumer and Services Sectors: Medical, Banking, Insurance, Housing, Electricity. Misleading Advertisements and Consumers Lunch Consumer Education and Awareness Valedictory Sessions Comments from the Participants Valedictory address

Ms. Sapna Chaddah Asst Professor Constitutional and Administrative Law, IIPA Ms. Pushpa Girimaji Consumer Right Columnist Ms. Mamta Pathania Asst Professor, IIPA

4.55p.m-5.00p.m

Vote of Thanks

Hon ble Justice Mr. Swatanter Kumar Judge, Supreme Court Prof. Arya A. Kumar Program Coordinator

PAGE-3.1

INTRODUCTION ABOUT INTERNATIONAL INSTITUTE OF BUSINESS STUDIES

International Institute Of Business Studies Noida Campus was started in the year 2009,It was established in order to spread education and nurture the leading talents of our country. It is among one of the renowned business school of India. This Institute provides dual degree to every students(MBA+PGPBM). The vision of this Institute is to listed among the Top 10 B-schools in India. The Wi-Fi enabled campus and modern infrastructure ease the efforts of the students. The faculties having industry experience takes care of each and every students . They share their knowledge and experience and prepare the students to step into the corporate world in future. The library contains a large number and variety of books. The computer lab is Technically Equipped so that every student can work at a time. The placement cell of this Institute has placed 100% students for the Internship Program(Batch-09) and proceeding towards further placement. The best thing about this college is the 3 D sDISCIPLINE. DECORUM DIGNITY. The above 3 Ds are maintained by every staff and students of this Institute. The students are groomed in a way that in future they can rule the corporate world with the application of Fundamental knowledge and skills. IIBS believes in knowledge gathering and knowledge sharing. The Academic and Administrative authority motivate and encourage the students to participate in different workshops, seminars, conference and cultural fests It helps the students to achieve their goals and to be a part of the broad outer professional world.

PAGE-3.2

INTRODUCTION ABOUT INDIAN LAW INSTITUTE (ILI)

The Indian Law Institute is an autonomous body registered under the Societies Registration Act,1860,has the requisite independence and academic freedom to carry out its objectives. ILI was was founded in1956 primarily with the objective of promoting and conducting legal research.the objectives of the Institute as laid down in its Memorandum of Association are to cultivate the science of law, to promote advanced studies and research in law so as to meet the social, economic and other needs of the Indian People to promote systemization of law, to encourage and conduct investigation in legal and allied fields, to improve legal education, to impart instructions in law, and to publish studies, books, periodicals, etc. The membership of the Institute is now nearly three thousand representing the persons interested in the study and advancement of law. Hon ble Chief Justice of India is the ex-officio President of the Institute. The Law Minister Of Government Of India and The Attorney- General Of India are its ex-officio Vice Presidents.Third Vice President is elected by the members of the Governing Council, from among themselves. Judges of the Hon ble Supreme Court Of India and High Courts, prominent lawyers, Government officials and Professors of Law are represented in the Governing Council Of The Institute. The Institute s library is one of the best libraries of the country. It has more than 75000 titles. It subscribes to 270 current legal periodicals. JILI is one of the leading law journals. ASIL contains surveyes written by academicians and practitioners .The Indian Law Institute has been granted DEEMED UNIVERSITY status in 2004 vide Government Of India, Ministry of Human Resource Development Notification No. F.9-9/2001-U.3 Dated 29.10.2004. The Indian Law Institute(ILI) Bhagwan Das Road, New Delhi-110001 Ph-01123387526 E-mail-ili@ili.ac.in Website-www.ili.ac.in.

PAGE-3.3

INTRODUCTION ABOUT INDIAN INSTITUTE OF PUBLIC ADMINISTRATION (IIPA)

The Indian Institute of Public Administration, established as an autonomous body under the Registration of Societies Act .The basic purpose of establishing this Institute was to undertake such academic activities as would enhance the leadership qualities and managerial capabilities of the executives in the Government and other public service organization. Centre For Consumer Studies or CCS was established primarily with a view to promote consumer protection and consumer welfare. The Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution,GOI, has established a dedicated Centre for Consumer Studies(CCS) at the IIPA, New Delhi. The Centre operates within the legal framework of the IIPA and the policy directions of the Monitoring Committee chaired by the Secretary, CA, GOI. Since its inception, CCS has been working with various stakeholders in organizing capacity building and awareness programs. The role of the Centre is both operational as well as promotional. The Centre seeks to network, with national and international agencies and interface with other stakeholders by serving as a bridging think tank , with an intensive advocacy role. It acts as a forum for creating dialogue among policy makers, service providers, representatives of various business establishments and their associations, professional bodies/associations, civil society organizations, educational/research institutes, economic and social development organizations as well as leading NGO s. It also acts as a storing and clearing house for the exchange and constant flow of information, ideas and activities relating to consumer protection and welfare. The Centre closely works in association with the DCA, GOI, National/State Consumer Disputes Redressal Commissions and District Forums. The CCS is envisaged as a centre functioning with flexibility and openness. Centre For Consumer Studies(CCS) Indian Institute of Public Administration(IIPA) I.P.Estate, Ring Road New Delhi-110002 Ph-O11-23468347 E-mail-ccs.iipa@gmail.com Website-http://consumereducation.in

PAGE-4

OBJECTIVES OF THE WORKSHOP

The workshop aims to sensitize and expose the participants of the workshop to probe into the ways and means of taking the consumer movement to the door steps of the rural poor. It also intends to throw light on the vital issues of consumer protection legislation and the problems being faced by the consumers of the India. The broad objectives of the workshop were to enable the participants to understand the national and international dimensions of consumer welfare in the era of globalization and liberalization, explain the various provisions of the Consumer Protection Act, 1986 and other related legislations having a bearing on consumer protection: describe the legal dimensions of consumer protection in different service sectors such as housing, medical, banking, insurance etc: and acquaint the participants with the role of various agencies in consumer protection. The speakers comprise of academicians, lawyers and experts in consumer law. The workshop focused on the following issues.  Enhance knowledge and skill in the area of consumer protection and consumer welfare.  Understand the need and importance of consumer protection and welfare.  Acquaint with the national and international dimensions of consumer protection and the role of various stakeholders.  Explain various provisions of Consumer Protection Act and other legislations having a bearing on consumer protection.  Legal dimensions of Consumer Protection in different service sectors.

PAGE-5.1

CONCEPT NOTE
The important measure of legislature reform has been the enactment of the Consumer Protection Act of 1986. The Act seeks to promote some basic rights of consumers , namely , the right to safety, to be informed of quality, potency of purity of products, to access to variety of goods at competitive prices, to redressal of grievances and to consumer education. The Consumer Protection Act of India has been acknowledged world over as a revolutionary piece of consumer protection legislation. It is simple and aims to provide speedy and inexpensive redressal of consumer grievances besides providing for promotion and protection of six rights of the consumer. Provision has been made for setting up of Consumer Councils at the centre and in the states. It is hoped that the council will identify consumer issues of all kinds, support consumer research and make suitable recommendations for protecting interest of the Consumers. In addition, The Act provides for an appeal to the Supreme Court against an order made by the National Commission. With a short span of time consumer forum have been flooded with number of complaints regarding defects in goods, deficiency in services. The other head of Jurisdiction, namely, unfair trade practice and charging of excessive price have not yet been availed of in any substantial manner by the consumer. There has been a vast change in the field of consumer protection law in terms of amendments and judicial interpretations. In a plethora of celebrated cases, The Indian Judiciary has interpreted the statutory provisions in favor of consumers and protecting consumer s rights. The question of application of Consumer Protection Act , 1986 to the Medical profession with a view to redressing grievances of patients against doctors and hospitals has been highly disputed issue. The question whether doctors and hospitals are covered by the Consumer protection Act was considered by National Consumer Disputes Redressal Commission in Consumer Unity and Trust Society, Jaipur v, The State Board of Rajasthan, 1991(1)C.P.R.241;(1992), CPJ.259(N.C) and M/s Cosmo politics Hospitals & another v. Vasantha P. Nair. 1(19Q92)CPJ. 302(N.C).In the former case the National Commission held that persons who avail themselves of the facility of medical treatment in government hospitals are not consumer and the said facility offered in Government Hospitals cannot be regarded as service hired to consideration. In the latter case the National Commission held that activity of providing medical assistance, for payment, carried on by hospitals and members of the medical profession falls within the scope of expression services as defined in the Act. And a patient would be a consumer entitled to invoke the remedy provided under the consumer protection Act. In Consumer Unity And Trust Society v. State of Rajasthan,(1992) ICPR 30Raj. CDRC it was held thai it was the responsibility of Government to provide adequate medical, health care and other facilities to all citizens. Judiciary should give a liberal interpretation to provisions of the Act. Namely justice to consumers including consumers of Medical Service. Recently, in a landmark case, Budhist Mission Dental College Hospital v. Bhupesh Khurana,(2009)1CPJ 25 SC the apex court laid down that the educational institution offering courses by making false assurance to prospective students through advertisements and prospectus regarding their affiliation with recognized university had pay huge compensation to the affected students as it was proved at a larger stage and the said assurance and promise were falsely made.

PAGE-5.2

THINGS TO DO
Though the courts have given remarkable judicial interpretations in various fields like unfair trade practices, supply of defective goods, issues on various service sectors etc , a lot of many vital issues on consumer protection law need to be deliberated upon. Keeping that in mind the workshop has helped us to set the objective and also helped us to find the ways how these hazards can be avoided. We can practically apply our knowledge. It is not a very expensive and time consuming process.  Word of Mouth: If we talk about whatever we have learnt we can create an awareness among those who are not very much aware of their rights.  Carefulness: We have to be very careful during every purchase. Whatever service or product we are consuming we should know the rights related to it. No legal education is needed for this, only the consciousness of the consumer and the awareness can create a magic.  Value for Money: The value for money concept can create a less hazards. For instance, In India, most of the confectioners weighs the sweets into a box. They never subtract the weight of the box from the total weight of the sweets. But the consumer is suppose to pay for the sweet only, not for the container. So the value of money concept will stimulate the sense of right and wrong in the consumers.  Rural Mission: Indian market is predominantly ruled by Rural Customers, where we follow customer is king belief there only most of the rural customer faces difficulties to survive as they are cheated everywhere, from products to service, from edible oil to medical facility. The person who possess a knowledge about Consumer Rights he or she should take initiatives to teach the rural population about their rights.  Creation Of Work Ethics: Proper work ethics restricts a person to do wrong with others, working in an ethical organization is like a boon as it helps a person to avoid malpractices. Because the person doesn t know that if he attempt and unethical work practice he or she may have to face the same as they are also the consumer of some other marketers.  Exhibition of Knowledge: If we exhibit our knowledge every time we purchase or consume then the marketers will be conscious from the next time. For example, checking the MFG date and Exp date of medicines, checking the measurement equipments, asking the marketer to give the proper quantity etc.

PAGE-6

 

  y y

y y y y  y

y y

SUMMARY Most of the Indian Consumers belongs from a rural area. They should be make aware about their rights as a consumer. If a marketer is failed to cater to the needs of a customer deliberately then it should be informed to the consumer court in order to sustain the right of a customer. Medical negligence created by a Doctor or a Hospital comes under the Consumer Protection act 1986. Consumer Protection Act seeksThe right to be protected against marketing of goods which are hazardous to life and property. The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices. The right to be assured, wherever possible, access to an authority of goods at competitive prices. The right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums. The right to seek redressal against unfair trade practices or unscrupulous exploitations of consumers. The rights for consumer education. The 3 D which should be avoidedDispute- Consumer Dispute, means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. Defect- Defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained. Deficiency- Deficiency means any inadequacy in the quality, nature and the manner of performance which is required to be maintained by or under the law.

PAGE-8