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Consumer Protection
The Indian Institute of Public Administration, established as an autonomous body
under the Registration of Societies Act, was inaugurated on March 29, 1954 by Shri
Jawaharlal Nehru who was also the first President of the Society. 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
Case Studies
government and other public service organization. The activities of the Institute are
organized in four inter-related areas of Research, Training, Advisory and Consultancy
Services and Dissemination of Information.
CENTRE FOR CONSUMER STUDIES
CCS is dedicated to consumer studies and is sponsored by DCA, GoI. The objective of
the CCS is to perform, facilitate and promote better protection of consumers’ rights
and interests with special reference to rural India. The broad areas of focus of the
Centre comprise capacity building, advocacy, policy analysis, research, advisory
and consultative services, and networking.
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. The Centre provides 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 institutions, economic and social development organizations as
well as leading NGOs.
Editors
Suresh Misra
Sapna Chadah
Editors
Suresh Misra
Sapna Chadah
2017
Rs.
Printed at New United Process, A-26, Naraina Industrial Area, Ph-II, New Delhi 110028,
Ph. 9811426024
Preface
Globalisation and liberalization have broadened the linkages
of national economies into a worldwide market for goods and
services. This has widened consumer choices, minimised costs,
maximised efficiencies and has provided value for money for the
consumers. However, at the same time the quality of goods and
services available in the market has become a major area of concern
for the consumers. In the present era, the main objective of each
trader is to increase the sale of his products and maximize profit.
In order to achieve that, they are adopting all sort of unscrupulous
and deceptive practices, completely overlooking the interests of
consumers leading to exploitation of gullible consumers.
Consumer awareness is a need of present days. A well-
functioning market economy needs educated consumers with the
power to influence the market through their rational decisions
when confronted with choice. An informed consumer will
also be protected from trade and business-related exploitation.
Empowering consumers means providing a robust framework of
principles and tools to ensure their safety, information, education,
rights, means of redress and enforcement. Through awareness and
education they can actively participate in the market and make it
work for them by exercising their power of choice and having their
rights properly enforced. There is need for a systematic approach
integrating consumer interests into all relevant policies and puts a
special emphasis on tackling problems faced by today’s consumers
in various sectors.
In a market driven economy there is widespread recognition
that knowledge and skills have become the backbone of economic
prosperity and social well-being in the 21st century. In contemporary
knowledge intensive economies and societies, individual and societal
progress is increasingly driven by technological advances and
improving the dissemination of knowledge for the benefit of society
at large. Teachers who are equipped with the necessary competences
form the foundations needed for society. A central feature of higher
education is the collaborative relationship between university and
student. This relationship enables and challenges students to achieve
their learning goals in a supportive academic environment. In this
context, higher education represents a critical factor in the success and
sustainability of the knowledge economy. Hence, higher education
has become increasingly important on national agenda and need to
undergo reforms that will help them play a more meaningful role.
iv
Suresh Misra
Sapna Chadah
Introduction
Consumption has a significant impact on and meaning for
the individual. In modern society it has become a mean by which
human beings communicate and interact. Consumers today operate
in increasingly complex markets. Globalization, growing amount of
information, expanding choice of products and services, and high-
pressure selling are making it difficult to make the right choice.
Everywhere we hear of and see new things which are superlatively
defined. Not only are there more products and services to choose
from but they are often more complicated like financial services.
With increase in incomes and rapidly expanding field of desires,
there is an ever-increasing need for educating the consumers.
Efficient functioning of the nation’s economic system and well-
being of society depend on consumer savvy. Individuals and
families able to handle the complex financial decisions of daily
life have better control of their lives. They are less likely to need
government assistance such as consumer protection. Making good
choices and protecting their interests require a wider range of skills
and knowledge.
India is a developing economy and it is becoming more
concerned on the way things are being consumed. This is basically
due to increasing purchasing powers and consumption of middle
10 Reflections on Consumer Protection
regularly to address the needs and concerns of the moment. But the
overall objective of consumer education does not change. It is to help
individuals develop a sense of values, to determine what they want
most from life, to set their goals and see them in proper proportion,
and then to act according to their own principles, whatever they
may be.4
Government
The primary responsibility of consumer protection and
empowerment lies with government and regulatory framework. A
lot of money has been spent on consumer awareness. This is achieved
through the framework of laws and policies, and implementing
these for the benefit of the consumers. There is need to generate
awareness among masses about their rights and responsibilities
Reflections on Consumer Protection 15
and the nodal officer of the company are provided to the consumer.
The companies’ tries to resolve the consumer dispute as per their
policy and many disputes get resolved at the first stage itself.
Besides creating awareness, Government has also tried to
encourage researchers to take up research on the consumer issues.
The problem with consumer protection is that it has not received the
required attention which it should have got even after 30 years of the
enactment of the Consumer Protection Act. The government through
the Consultancy Project on Consumer Protection and Welfare
implemented through Indian Institute of Public Administration
has tried to introduce to the researchers certain issues involved in
consumer protection and promote them to take up these for research.
The basic problem in our country is that researchers follow trends
and news. Some of the areas are becoming important because of the
policy change and consumer protection is one such emerging area.
Business
The trade and business also have an important role to play in
consumer protection. Businesses are responsible to their consumers
based on the contract implied by trade and potential harm that can
be done to the public. The business also has some moral and ethical
obligations towards their customers particularly in the areas which
affect the consumers. Companies must be honest with customers
and sell products that are adequately safe. Every theory of justice
will forbid coercive and deceptive trade. Businesses must give us
what we pay for and people should not be deceived about what they
are buying. Businesses must not harm anyone, including consumers.
At one point of time consumers might have been able to assess the
quality of products and services they bought on their own, but that
is no longer the case. Product safety is an ethical obligation insofar
as companies have a duty to provide consumers with whatever
they pay for and products are assumed to be safe for ordinary use.
Products must either conform to reasonable customer expectations
or to the explicit claims made about it.
Customers have a right to know as to what products they
are purchasing. Advertising and product labeling are both very
important because it is the potential customer’s primary source
of information, and companies have responsibilities to everyone
that could be harmed by their advertising. Despite a customer’s
right to know what they are buying, companies often lie or prefer
Reflections on Consumer Protection 17
Educational Institutions
Consumer education should be included at all levels of the official
teaching curriculum. Training programme should be developed for
educators, materials on consumer education should be exchanged
free of cost between governments and social communication should
be used for future consumer education activities.8 The aim of
consumer education has been mainly to teach and educate students
to act as informed, rational and prudent consumers. The general
aim of consumer education at school and colleges should be:
• To develop an understanding of consumption and its role
in society based on students’ perception of their role as
consumers;
• To analyse alternative forms of human survival including
different patterns of consumption;
• To make students aware of their rights and responsibilities
as consumers;
• To make teaching and learning processes more dynamic;
and
• To develop consumer knowledge, skills and attitudes
suitable for promoting citizen activity.9
It has been emphasized that the intention should not be to add new
subject to the curriculum, rather to develop the present possibilities
of incorporating consumer education into existing programmes.
Consumer education courses should not, in the main, be set up
as separate courses, but consumer welfare should be infused through
18 Reflections on Consumer Protection
Consumer Organizations
The utility of Voluntary Consumer Organizations (VCOs) in
the area of consumer protection is second to none by virtue of their
operational domain at the grassroots level. They are useful in many
ways. They can effectively contribute in promotion and propagation
of the programmes and schemes relating to consumer education and
awareness especially in rural areas. Thus they can play the role of
the catalyst in generating consumer awareness. They can also help
the consumers in filing complaints in the consumer foras or can
take up the issues which affect the consumers in general. They can
be very effective in dealing with the menace of hazardous products,
spurious goods and can take up such complaints before the quasi-
judicial machinery. These organizations can through specialised
activities such as comparative testing of consumer products can
disseminate information regarding products and services which
can be very helpful for the consumers. However, at present these
organizations are riddled with many problems. They lack both
functionaries and finances. Further there is need for accreditation
and professionalization of VCOs to raise their credibility. These
VCOs should attract and involve professionally qualified people
retain them and motivate them to work for community. There is also
need for creating some mechanism to identify credible VCOs which
if supported could effectively contribute toward strengthening the
consumer protection.
Training and skill development of those who are working with
VCOs will no doubt make them more effective to take up the cause
of consumers. For this there is need for capacity building of the
Reflections on Consumer Protection 19
NSS and the NCC could also be used to take consumer awareness
forward. More consumer advisory and mediation centers should
be set up with the involvement and training of the resident welfare
associations and NGOs as well as the municipal ward committees.
Municipal leaders should be also given training in consumer rights
and consumer protection. There should be set up local area consumer
groups/ associations consisting of the office bearers of the RWAs,
the Traders/ Market Associations, the local municipal councilors,
the local MLA and other eminent persons of the area. These
groups/ associations should become instruments of dissemination
of information/ consumer education. Each district consumer forum
should be provided with a counselor/ guide to help the needy or
illiterate consumer complainant coming to the forum. This would
help obviate the need to engage a lawyer and would also spread
consumer literacy and competence and efficacy in a long run.
The research paper “Medicine Quality: Do the Brand Matters?”
by Dr. Banhi Chakraborty highlighted some of the problems being
faced by consumers in sale-purchase of drugs. In size, the Indian
Pharmaceutical market ranks 3rd and in value it is 14th in the Global
Market (2008-09). It was worth US $ 10.04 billion during 2010 and
witnessing growth at the rate of 15 percent. The sector, however,
suffers from a number of complexities like multiplicity of brands,
trimming in production of essential drugs, reduction in essential
medicines under DPCO by 79 percent, constrained availability, and
inclusion of expenditure on health increased poverty count by 3.6
percent (in rural) and 2.9 percent (in urban). The doctors were found
to have preference for branded drugs as only 9 percent of doctors
prescribed medicines in generic names. Further preference for costly
brands for almost all drug types was also found. In some cases even
brands of two different industries but of same generic, were also
prescribed to one single patient. Patients of better economic status
are inclined to move to private practitioners while the opposite is true
for those who visit Government hospitals. Doctors are not following
“Standard Treatment Guidelines”. Visits of Medical Representatives
to the doctors indicate close nexus between companies and doctors.
It is the pressure of manufacturing houses that compels multiplicity
in brands. It was also found that the location of shops matters most
with respect to availability of types of brands. Strategically the
shops located near /opposite to hospitals/clinics were maintaining
stocks of selected brands whereas retail shops in District towns like
Reflections on Consumer Protection 33
References
1
Rosella Bannister and Charles Monsma. (1982). Classification of
Concepts in Consumer Education, Monograph 137, South-Western
Publishing Company.
2
Victoria W. Thoresen. (2000). Resource Handbook on Consumer
Education, Consumer Council of Norway, p. 6
3
Mildred Brinkmeier Erickson. (1941). Consumer Education, Pi
Lambda Theta Journal, Vol. 19, No. 4, pp. 135-137 http://www.jstor.org/
stable/42915657 Accessed: 28-03-2017 11:44 UTC
4
Fernstrom, Meredith M. (Jul/Aug 1989). Consumer Education: New
Directions- A Bridge Between Consumers and Financial Institutions,
Credit World; 77, 6; pp. 18-23 at p. 18
5
Mildred Brinkmeier Erickson. (1941). Consumer Education, Pi Lambda
Theta Journal, Vol. 19, No. 4 pp. 135-137at p.137 http://www.jstor.org/
stable/42915657 Accessed: 28-03-2017 11:44 UTC
6
OECD. (2009), Consumer Education- Policy Recommendations of the
OECD’s Committee on Consumer Policy, p. 6 http://www.oecd.org/sti/
consumer/44110333.pdf
7
OECD. (2009), Consumer Education -Policy Recommendations of the
OECD’S Committee on Consumer Policy, p. 5 http://www.oecd.org/sti/
consumer/44110333.pdf
34 Reflections on Consumer Protection
2
Brand Imitation and
Counterfeiting: Need to
Protect Consumer–A Case
Study of Amravati District,
Maharashtra
D. Y. Chacharkar
Introduction
The brand is most important assets owned by a company.
Like any other assets, brands are prone to various forms of attack.
Imitation, counterfeiting, duplication, over-runs, alteration, misuse,
tampering or diversions are some of the known and repeated
forms of brand attack prevalent all over the world. Imitation is a
fundamental part of biological and social life. It has been essential
for human evolution as it facilitates the diffusion of new ideas and
technologies. The economist defines imitation as, “something that
is forged or imitated without the perpetrator having the right to do
it, and with the purpose of deceiving or defrauding.”
It is estimated that the value of counterfeit goods in the global
market grew by 1100 percent between 1984 and 1994 (Carty,
1994; Blatt, 1993). International Chamber of Commerce states
that counterfeits account for 8 percent of world trade (Freedman,
1999). Globally, the sales of counterfeit products are estimated to
be about $300 billion (Gentry et al., 2006). A recent survey from
the US has come out with the finding that worldwide 10 percent of
perfumes and cosmetics, 11 percent of clothing and footwear and
around 6 percent of drugs bought by consumers are fake. The figure
rises to a staggering 80 percent in some developing countries. Anti-
counterfeiting group (ACG) organizer of a pan –European survey,
put total loss to EU economy from counterfeiting and piracy at
Rs. 20,00,000 crore per year which is lost in taxes and excise.
36 Reflections on Consumer Protection
While India is not lagging behind the rest of the pack – mostly
developing countries- it is China that is ahead of others in this
category. China is the biggest source of counterfeit goods in Asia
and piracy rate in China is more than 90 percent. As much as 30
percent of counterfeit products worldwide is being made in China.
China's spurious goods are sold all over the world including India,
counterfeit goods are easily accessible in Indian markets. Countries
like Singapore and Hong Kong which are regarded as shoppers’
paradise are also den for counterfeit goods.
Containers are filled with fake talcum powder and sealed using a
rudimentary machine in a makeshift factory.
Research Frame
Research Objectives
The objectives of the study were to:
1. study the concept of brand imitation;
2. explore the imitated brands available in FMCG category in the
market;
3. know about the market of imitated brands;
4. examine the role of retailers in pushing imitated brands; and
5. study the efforts of various organizations against fake and
spurious products.
Data Sources
Two principle sources of information, i.e. primary and
secondary sources were used.
Primary Data
Investigation for the study was based on systematic survey
of retailers within the boundaries of Amravati. The structured
questionnaire was used for the purpose. Considering in-depth
information needed to meet the objectives of proposed study, a
representative sample of 300 retailers was chosen. Non-Probability
Convenience Sampling Technique was used for sample selection.
Survey Plan
Survey began by indentifying shops and shop owners who
satisfied study’s requirements, using the snow ball method. Owing
to the sensitivity of the topic it was not easy to identify respondents,
even though researcher assured them that their anonymity would be
preserved. During the survey out of number of shops approached,
roughly 20 percent of shop owners agreed to take part in the survey.
Respondents' Profile
150 (50 percent) samples were selected from both urban and
rural regions. The shops selected for the study included 169 (56
percent) from general stores segment, 40 (13 percent) from medical
retail stores, 34 (11 percent) pan centers, 28 (9 percent) mobile
shops, and 29 (10 percent) shops from other segments.
Majority (66 percent) of consumers are partly aware about imitated brands, as explained by retailers. 44
Figure
respondents 3: Doare
(14 percent) Customers Recognize
of opinion that thatcomplete
consumers have they are Buying
knowledge Imitated
about it, together, they
Brand
constituted a totalwhile Purchasing?
of almost 81 percent of sample.
figure 3: Do Customers Recognize that they are Buying Imitated Brand while Purchasing?
140
120
Frequency
100
80
60
40 R
20
0 U
All the Majority Very few No customers
customers customers customers knows about
knows about knows about knows about it
it it it
Figure clearly indicates that very few customers know about that they are purchasing imitated brands,
retailers Retailer’s
opined. It can Opinion
be termed ason Imitation
deceptive buying.
100
Frequency
R
50
U
0
Always Occasionally Not at all
Deceptive selling of imitated brands is a fact, as majority 164 (55 percent) admitted, they occasionally
share this detailsimitated
about imitated products
products with with customer,
customer, and and
132132
(44 (44 percent)
percent) said
said that
that they do not at all
they
share details about imitated brands with the customers. Chi square Test proves
do not at all share details about imitated brands with the customers. that there is an association
between variablesChii.e.square
place and sharing
Test proves details of imitated
that there is an brands with consumers.
association between variables
Counterfeits arei.e.marketed by same dealers. Half of the respondents
place and sharing details of imitated brands with (52.8 percent) replied that imitated
consumers.
brands are marketed by the same dealer of original brand, followed by 26 percent said „no‟ and 21 percent
Counterfeits
retailers reported „can‟t say‟. are marketed by same dealers. Half of the
respondents (52.8 percent)
Retailers Opinion About Ill effects Of Imitated replied that imitated brands are marketed
Brands:
People who Buyby andthesellsame dealer of
Counterfeit originalare
Products, brand, followed
Committing by 26 Majority
a Crime? percent (63
saidpercent) agreed
with the statement‘no’
thatand 21 percent
“people who buy retailers reported ‘can’t
counterfeits/imitated say’.are committing crime”. Also majority
brands
(63 percent) agreed with the statement that “people who sell counterfeits/imitated brands are committing
Retailers Opinion about Ill Effects of Imitated Brands
crime”.
Retailer’s Opinion on People who Reaction
Consumer’s Buy and sell Imitation
to Brand Counterfeit Products, are
Customers haveCommitting a Crime?
Doubts about Quality Majority (63 percent) agreed with the
and Complains
Half of the retailers (57 percent)
statement agreed with
that “people who the
buystatement “Customers have
counterfeits/imitated doubtsare
brands about quality of
imitated brands”.committing
Majority of crime”.
the retailers
Also (73majority
percent) agreed with theagreed
(63 percent) statement
with“Customer
the generally
complains about quality of imitated brands”.
Smart Consumer Index: Brand Imitation Sensitivity Index
The data was collected using questionnaire questions. A section was especially designed to know more
about perception of retailers towards counterfeiters and counterfeited goods. Based on overall score of
section four of the questionnaire, Brand Imitation sensitivity Index is prepared. Index was formulated
based on the weighted score.
Reflections on Consumer Protection 43
Weightage
Sr. No. Option For Positive For Negative
Question Question
1 Strongly Agree 5 1
2 Agree 4 2
3 Can’t Say 3 3
4 Disagree 2 4
5 Strongly Disagree 1 5
Index was prepared to rate attitude of customer towards counterfeit goods
based on opinion of retailers.
The scores of 20 percent of respondents rated was low, and
rest 80 percent rated as moderate. It indicates consumers mostly
rated moderate on SCI. Statistically speaking there is no association
between variables i.e. location (urban/rural) and score on SCI.
Inter-relationships between Brand Imitation Sensitivity
Index, Education and SCI: Statistics related to regression of Brand
Table 5
44
6. Don’t do it Alone
Help is available from many sources. The initiative like FICCI
Brand Protection Committee can strengthen armour against the
counterfeiting. Corporate in India should have joined together
to wage a war against counterfeiting under the aegis of FICCI-
BPC. An initiative like a portal fake-busters.com is important
for counteraction.
Stages of Change
Knowledge Awareness: The process stage begins when a
consumer receives physical and social stimuli that give exposure
and attention to the branded goods and also expose to ill effects of
counterfeits/imitation.
Persuasion: It is for formation of favourable or unfavourable
attitude towards the counterfeiting. The consumer in this stage
reduces risk in decision-making by acquiring additional information.
50 Reflections on Consumer Protection
Figure 5
8. Ibid., pp 10.
9. Ibid., pp 15-20.
10. Chitrodia R. B. (2007) “Fake Brands dent co image”, The Times of India,
Nagpur.
11. www.consumercare.co.in
12. Shankar O. (2010) “Copycats”, Harvard Business Press, Boston, pp 139.
13. Ryder R.D. (2006) “Trademark Advertising and Brand Protection”,
McMillan India Ltd., First published, pp.176.
14. Ibid., pp.138.
15. http://www.referenceforbusiness.com /encyclopedia/Assem-Braz/
Brands-and-Brand-Names.html
16. Anil Kumar V, (2004) “Turning the heat on counterfeiters”, Business
Standard.
17. Thorsten Staake, Frederic Thiesse, Elgar Fleisch (2009) “A Study of
Antecedents and Outcomes of Attitudes towards Counterfeits of Luxury
Brands”, European Journal of Marketing, Vol. 43, No.3/4, pp. 320-334.
18. “Strategies to kill fake product in Indian rural market”, pp. 25, www.
indiamba.com/Faculty_Column/FC448/fc448.html
19. “Strategies to kill fake product in Indian rural market”, pp 26-27, www.
indianmba.com/Faculty_Column/FC448/fc448.html
20. Hopkins D.M., Kotnik L.T., Turnage M.T. (2003) “Counterfeiting exposed
protecting your band and customers”, John Wiley & Sons, Inc., New Jersey.
21. Saran R. (2011) Fake Flood”, India Today.
22. Ibid., pp. 147-151.
23. Chaudhari A. (2010) “Combating the Counterfeiting Menace”, Chronicle
Pharmabiz, pp. 55-62.
24. Kapoor G. K. (2005) “Defective Goods and Deficiency of Service”, Indian
Institute of Public Administration, New Delhi.
25. Saran R. (2011) “Fake Flood”, India Today.
26. ... (2011) “Diet cola scores a perfect 10 in labeling and instruction,”
Consumer VOICE, Vol. 7, Issue 10, pp. 21.
27. http://www.intangiblebusiness.com/BrandServices/Marketingservices/
News/Brand-piracy-faking-it-can-be-good~290.html
28. Dasgupta S. (2011) “Fake iPhone5 available in China for Rs. 1300”, The
Times of India.
Reflections on Consumer Protection 53
29. http://www.ftc.gov/bcp/index.shtm
30. http://www.fda.gov/AboutFDA/CentersOffices/default.htm
31. http://www.iacc.org/about-the-iacc/
32. http://www2.dupont.com/Authentication/en_US/Knowledge_center/
index.html
33. http://www.antipiracy-india.com/copro.html
34. ... (2000) “Fake or Genuine?,” Insight-The Consumer Magazine, pp. 22-23.
35. Panorama (2003) “Counterfeit Products” Insight-The Consumer Magazine.
36. Pratidin (2011) Amravati, pp. 9.
37. Sinha K. (2011) “Commerce ministry clears bar code rule”, The Times
of India.
38. ... (2011) “21st Century Soney Ki Chidiya”- Consumer VOICE, Vol. 7,
Issue 7, pp. 34-36.
39. Srinivas N.N. (2004) “Dupont sues LG Chem for brand infringement”,
Economics Times.
40. “Paint products worth Rs. one crore seized in raid” The New Sunday
Express, Kochi, Jan. 17.
41. “Dabur, P & G, HLL conduct raids on brand pirates”, The Times of India,
Ahmedabad Beuro, Jan. 23.
42. ... (2000) “Philips launches drive against counterfeit lighting products”,
Indian Express, Calcutta.
43. ... (2002) “Co takes legal action for duplication”, Indian Express.
44. Sakal (2009) Nagpur.
45. ... (2011) “Fake Cosmetic Products Unearthed in Raids on Retail Shops in
Amravati”, Sakal.
46. ... (2001) “Amul files 3 cases against look-alike packaging”, The
Economics Times, Ahmedabad.
47. Alka Panse (2011) “Firm making spurious cold drinks busted”, The Times
of India.
48. http://www.ipab.tn.nic.in/
49. http://www.cercindia.org/
50. http://legalservicesindia.com/article/article/a-vision-of-food-176-1.html
51. Sharma A., Bhutoria S., “Save Our Brand: Protecting the Brands under
IP Regime” .pdf.
52. http://www.ficci.com/sector/5/Add_docs/knowledgecenter.pdf
54 Reflections on Consumer Protection
53. http://www.business-standard.com/india/news/ficci-helpline-to-tackle-
piracy-cases/146638/
54. ...(2006) Marketer’s Toolkit, Harvard Business School Publishing
Corporation, Boston.
55. Gaur A.S., Gaur S. S. (2006) Statistical Methods for Practice and
Research, Response Book, New Delhi.
56. Armstrong, Kotler (2005) “Marketing and Introduction”, Pearson
Education Inc., New Delhi.
57. Solomon M. R. (2003) “Consumer Behaviors”, Prentice-Hall of India Pvt.
Ltd., New Delhi.
58. ... (2009) “Fake sugar alters how body handles real sugar”, The Times of
India (Nagpur).
59. ... (2011) “India Needs to Have its Own Anti-Piracy Law”, The Economic
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60. Marpakwar P. (2011) “Commercial divisions for HCs proposed”, The
Times of India.
61. ... (2009) “China admits to role in fake drugs supply”, The Times of India.
62. ... (2009) “Game in Fake Medicines”, Lokmat Samachar.
63. Gupta S. & Sidhartha “Consumer Protection Act to get more teeth”, The
Times of India.
64. Bhushan R. (2004) “HLL to combat fakes with new Clinic Plus”, The
Times of India.
65. ... (2002) “Brand names are imprinted on brain”, The Times of India.
66. Bhattacharjee D. (1997) ”Brand market: a changing scenario”, The Times
of India.
67. ... (1994) “Brand loyalty is more important”, The Times of India.
68. Agrawal S. (1996). “Marketing Brands”, The Times of India.
69. Sihag A. S. (1995) “Brand building and the national image”, Economic
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70. ... (2003) “Procter & Gamble And Oki Data Count The Cost”, Vol. 19, pp
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71. Phau I., Teah M. (2009) “Devil Wears (Counterfeit) Prada: A Study of
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72. Devdhar D. (2011) “Relations- Doctors and Patient (?)”, Grahakhit, Issue:
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73. Pathak S. (2011) “Ban on Fake Advertisement of Complan”, Grahakhit,
Issue: 4.
Reflections on Consumer Protection 55
Meenu Agrawal
Methodology
This study was mainly based on the primary data, collected
personally through field survey with the help of questionnaires cum
schedules. In order to select samples for intensive study, Purposive
Stratified Sampling Technique has been used. For this study 300
respondents from the selected villages in Gautam Buddh Nagar
District and 300 respondents from the selected villages in Agra
district were proportionately chosen randomly. Thus, the study
is mainly based on the responses of 600 respondents, who were
selected through Multi-stage Random Sampling Method. Personal
interviews with the respondents and with some other households
were held and their views were noted.
Secondary data was collected from various sources such as
Census Reports, Research Reports and related documents on the
subject. Statistical Abstracts, Five Year Plans, Periodicals, Journals,
Magazines, “India 2009 and 2010" (Reference Annual), published
by the Ministry of Information and Broadcasting, Government of
India, Reports of Ministry of Consumer Affairs and standard books
etc. were also referred to. The Secondary data as published by the
non-government organizations (NGOs) and other private agencies
were also consulted, analysed and classified for the purpose of this
study. Data and information were collected from the published and
unpublished literature and analysed by application of appropriate
statistical methods and techniques etc. The collected data were
classified and analysed with the help of computer.
Problems of Consumers
In both the urban and rural markets consumers are confronted
with several problems related to quality, price, weight of goods etc.
The traders to earn high profits adopt foul means or illegal trading
practices such as black marketing, manufacture of imitation, unfair
guarantees and warranties, sale gimmicks, adulteration, short
weighting and measuring, lack of quality control and safety, massive
profiteering, supply of inferior goods at high prices etc. These unfair
practices are harmful not only for the consumers but to the whole
society. The unaware, illiterate, ignorant and poor rural consumers
are exploited at every stage in the markets. These consumers do
not seek redressal of their grievances on account of their poverty,
ignorance and unawareness.
and religious factors also do not guide their buying behaviour unless
some goods or commodities are particularly required for cultural
and religious purposes. Moreover, social, political and professional
organisations influence their buying behaviour only to the extent it
is rational and sound. Close groups and social class do not influence
their outlook, thinking and decisions in respect of buying goods and
commodities. However, information factor influences their buying
behaviour, if it adds something new to their knowledge.
The advertisements do not influence the skilled consumers,
unless they give sufficient ground in favour of the products, which
they advertise. The skilled or educated consumers study the
advertisements keenly and form the opinion after close observation
and taking knowledge from other sources about such goods and
commodities. These consumers have the power to well understand
the misleading advertisements. They are not attracted by such
advertisements.
The skilled and literate consumers are also not influenced by
the samples or gifts, which are given by the traders on behalf of
the manufactures. However, if the samples tried by such consumers
prove their worth, they become successful in changing the buying
behaviour of the skilled consumers.
Even the salesmen, who face to face narrate the merits of certain
goods and commodities, do not influence the buying behaviour of
the skilled consumers unless they faithfully give the true picture of
the commodity and give the answers to the queries, raised by such
consumers, faithfully.
Some minor factors such as geographical factors, place or
purchase points, mood etc. have no significance for the skilled
consumers. Thus, it is very difficult to persuade such consumers
as they consider reasoning and justification before taking a buying
decision. They are mainly guided by knowledge, which sets their
buying behaviour. It is, therefore, clear that the education deeply
affects the buying behaviour of the consumers.
Findings
In the area rural consumers are often not aware of their
rights and the products available in their market; that’s why they
are exploited. They generally respond to advertisements, which
influence their buying behaviour but the advertisements do not
give them all the information that they need. There were certain
limitations in conducting this study such as the precise and reliable
information was not be available on the way rural consumers behave
Reflections on Consumer Protection 73
in the study area and the extent of knowledge these consumers have
about the consumer protection measures. As respondents were
mostly illiterate, ignorant and poor, they could not give their exact
position as consumers.
Consumers’ buying behaviour in the study area is influenced by
many factors such as personal factors, psychological factor, cultural
and religious factors, social factors, information factors etc.
The survey of the study area and face to face discussions with the
600 respondents and information collected through questionnaire
reflected that in both the districts, the behaviour of rural consumers
is mainly influenced by the personal factors (66.6 percent) followed
by social factors (11.7 percent). The effect of information factor is
only 06.7 percent. There are several problems the urban and rural
consumers face related to price, weight of goods, quality etc. The
traders to earn higher profits adopt foul means or illegal trading
practices such as black marketing, adulteration, short weighting,
supply of inferior goods at high prices, sales gimmicks, unfair
guarantees and warranties, lack of quality control and safety,
massive profiteering etc. Thus, the unaware, ignorant, illiterate and
poor rural consumers in the study area are exploited at every stage
in the markets. These consumers do not seek the redressal of the
grievances on account of their poverty and ignorance.
The impact of education on consumer behaviour in respect of
buying goods and services has been found to be positive as education
makes them rational and responsible consumers. It has been seen
that educated consumers are generally not guided by factors other
than economic condition. The educated consumers are also not
influenced by the gifts, samples etc. The survey of the study area
where 80 percent of consumers were unskilled or illiterate showed
that there was no place of argument and reasoning in their buying
behaviour. Their buying behaviour was mostly influenced by their
personal factors and that they were mostly traditional consumers.
Their buying behaviour was irrational and they had no inclination
to change their buying behaviour. The educational programmes
launched by the government and others in the study area had
influenced very limited number of them. For them commodity price
was their main consideration. These consumers did not take action
for the redressal of their grievances. Their bargaining power is
very limited and some of the consumers were influenced by false
74 Reflections on Consumer Protection
Suggestions
1. The greatest drawback in our rural society is lack of consumer
education. Well educated consumers cannot be cheated by
the sellers as they understand their rights and powers. Thus,
all consumers’ education programmes should be effectively
enforced by the government and all other agencies including
manufacturers and traders who advertise their products in the
rural areas.
2. The advertising and manufacturing concerns should also launch
consumer education programmes separately as part of their
corporate social responsibility. Such programmes should also
be included in co-academic activities, held in schools, colleges
and universities such as seminars, workshops, conferences,
debates, elocution, contests, lectures etc.
3. The consumers’ movement to develop awareness, vigilance,
alertness etc. should be strengthened by the advertising firms/
companies because it is their responsibility and it is also in their
interest. Such firms and companies will win the confidence of
the consumers, which will help them in increasing the sale of
their products and services.
4. The manufacturing concerns which advertise their products
to boost sales should provide help in constituting consumers’
organizations. These organizations will always favour the
honest manufacturers, sellers and service providers. These
organizations will tackle the problem of malpractices.
Such organizations will also discourage the misleading
advertisements, which exploit the consumers, particularly the
rural consumers.
5. Creation of awareness through mass media should be
emphasized. Print media such as newspapers, magazines,
posters advertisements etc. should help to create awareness
particularly among rural consumers.
6. In rural areas awareness camps should be organized by the
renowned manufacturers and service providers with the help of
Gram Panchayats. Such firms should distribute booklets free of
charge for educating the rural consumers, , at the village level.
This step will definitely improve the buying behaviour of the
rural consumers.
Reflections on Consumer Protection 77
Conclusion
The suggestions given in the preceding pages can be
conveniently implemented by the manufacturing companies and
service providers, who initiate advertisements and the concerned
authorities of the government. The ultimate aim of the whole
exercise is to improve the awareness level and buying behaviour of
the consumers and therefore, concerted efforts must be made by all
concerned in this direction.
78 Reflections on Consumer Protection
4
Consumer Protection
and Supply of Essential
Commodities in Semi Urban
and Rural Areas of Tamil
Nadu
S. V. Srinivasa Vallabhan
Introduction
Consumer is ‘declared’ to be a ‘king’ and now also he is treated
as a ‘king in a democratic country’. However, actually he is always
at the receiving end of all the transactions, be it a purchase or
service. The innocent consumer has to tolerate the heat of all losses
and has to convince himself with the available product or service or
remedy. He is mostly bound by some ethical qualities which require
him to accept what he gets. He lacks the capacity to fight with the
irregularities and has to accept what he is given. He is deceived by
public sector, private sector and some times even by the government.
He has to face problems from getting his birth certificate to degree
certificate, for getting admission in Kinder Garden to government
hospitals; while travelling in a bus to travelling in the sky. The
trader or service provider acts as if he is the ruler and dictates terms
and conditions to the consumer who pays for the goods or services.
The case of uneducated consumer is still worse and he has to
bestow all his rights to the semi-skilled authorities and empowered
intermediaries or self-styled ‘employees’. Irrespective of his status
in the society, the consumer is treated with unscrupulous practices
and even has to face adamant arguments of those people in authority.
Consumer Protection is as old as consumer exploitation. It
can be traced even from the days of Arthasastra1. The weights
and measures were standardized even at that time. In ‘Protection
80 Reflections on Consumer Protection
Aim
The aim of this research project was to analyze the level of
consumer protection in supply of essential commodities in semi
urban and rural areas. The study aims to analyze the level of
satisfaction on the delivery of essential commodities among semi-
urban and rural consumers. This project also aims to identify ways
and means to frame policies and strategies to minimize the problems
of semi urban and rural poor including women with reference to
different types of essential commodities.
Objectives
The main objectives of the research project were as follows:
1. To assess the impact of Liberalization, Privatization and
Globalization and social stability with reference to supply of
essential commodities;
2. To identify the problems and prospects in providing consumer
protection with reference to supply of essential commodities in
rural and semi-urban areas;
Reflections on Consumer Protection 83
Hypotheses
The following hypotheses were framed and tested in this study:
a) The problems and prospects in ensuring consumer protection
in essential commodities' supply aspects due to new economic
policies do not significantly differ in rural and semi-urban
areas;
b) The perceptions of rural and semi-urban population regarding
service providers of essential commodities in the new economic
scenario do not significantly differ.
Research Methodology
Data Collection
The study required both secondary and primary data. Secondary
data was collected from the books, periodicals, research publications,
websites and official publications of government and other agencies.
Primary data was collected from the sample officials, sellers and
consumers with the help of well-structured interview schedule.
b) The perceptions of rural and semi-urban population regarding service providers of
commodities in the new economic scenario do not significantly differ.
Research Methodology
Coverage and Sampling
The universe
84 for the purpose of analysis was the state on
Reflections of Tamilnadu. Out of the 30 districts in the
Consumer Protection
districts were selected by stratified random sampling. First the state was stratified as North, Eas
West and Central with six districts in each segment. Then out of the six, two districts from each
were selected on random basis. Thus the area was stratified and districts were selected in random
purpose of collection of data. From each sample districts 5 panchayats and 5 villages were sel
random basis.
Category I: Officials: 100
DISTRICTS IN THE STATE OF TAMIL
NADU
30 DISTRICTS
SAMPLE 10 DISTICTS
100 Officials
Thus the sample for the purpose of study consisted of 100 officials, 200 retail units supplying
commodities and 300 consumers from the rural and semi-urban areas.
Data Collection
The study required both secondary and primary data. secondary data was collected from the
periodicals, research publications, web sites and official publications of government and other a
Primary data was collected from the sample officials, sellers and consumers with the help
structured interview schedule.
A pilot study was conducted in selected districts in rural and semi-urban areas with interview
with the help of research scholars. Officials in Government, Non-Government Organizations,
Reflections on Consumer Protection 85
Findings
II Opinion of Sellers
1. On the existence of various consumer related aspects in fair
price shops, it was opined by 16 percent of semi urban and 22
percent of rural sellers that it is not existing or not at all existing.
For time of supply, 31 percent of semi urban and 50 percent of
rural sellers said that it is not existing or not at all existing. For
quality, 31 percent of semi urban and 44 percent of rural sellers
said that it is not existing or not at all existing. On margin to
sellers, 39 percent of semi urban and 29 percent of rural sellers
said that it is not existing or not at all existing.
2. Regarding display of goods in fair price shops, 61 percent of
semi urban and 47 percent of rural sellers said that it is not
existing or not at all existing. Regarding information provided
to the buyers, 59 percent of semi urban and 50 percent of rural
sellers said that it is not existing or not at all existing. For bills,
53 percent of semi urban and 47 percent of rural sellers said that
it is not existing or not at all existing. For weights and measures,
69 percent of semi urban and 42 percent of rural sellers said that
it is not existing or not at all existing.
3. The prices are perceived to be reasonable in fair price shops.
However, time of supply and quality is stated to be poor in rural
areas. Other aspects such as display, providing information,
legible bills, correct weights and measures, package, usage
information and differential prices do not exist in both areas.
88 Reflections on Consumer Protection
Response of Consumers
1. As regards consumers, the mean age of semi urban consumers
was 38.67 years; standard deviation is 12.26 years and
coefficient of variation is 31.70 percent. The mean age of
rural consumers was 34.33 years; standard deviation is 13.54
years and coefficient of variation is 39.43 percent. The overall
mean age of consumers was 36.50 years; standard deviation
90 Reflections on Consumer Protection
visited more than twice. In the rural areas 73.3 percent visited
once or twice and only 26.7 percent visited general shops more
than twice for essential commodities. It is inferred that 67
percent of sample consumers visit general shops for essential
commodities either once or twice in a month. The periodicity of
visiting general shops differs with reference to area.
6. In semi urban areas 32.67 percent visited fair price shops once
or twice and 67.33 percent visited more than twice. In the
rural areas 72.00 percent visited once or twice and only 10.67
percent visited fair price shops more than twice for essential
commodities. It is inferred that 52.33 percent of sample
consumers visit fair price shops for essential commodities
either once or twice in a month. The periodicity of visiting fair
price shops differs with reference to area.
7. In urban areas, 68 percent have spent Rs. 3000 and only 32
percent have spent above Rs. 3000 in general shop. Among
rural area consumers 86 percent have spent below Rs. 3000
and only 14 percent have spent above Rs. 3000 in expenditure.
It is inferred that majority of the consumers in the entire area
spend Rs. 3000 or below in general shops as opined by the
sample consumers. The expenditure in general shop by sample
consumers significantly differs with their area.
8. As regards the commodity in which consumers faced maximum
deficiency in semi urban areas, 5.3 percent said rice; 32.7
percent said kerosene; 29.3 percent said sugar; 18 percent
opined medicine and 14.7 percent said others. In the rural areas,
7.3 percent said rice; 24.7 percent said kerosene; 26.7 percent
said sugar; 25.3 percent opined medicine and 16 percent said
others. The opinion of sample consumers on maximum deficient
commodity does not significantly differ as per the area.
9. On point of deficiency in essential services, in semi urban areas
5.3 percent said electricity; 31.3 percent said bus transport;
26.7 percent each said train and health and 10.00 percent said
telephone. In the rural areas, 2.7 percent said electricity; 24
percent said bus transport; 38 percent said train; 23.3 percent
said health and 12 percent said telephone. The opinion of sample
consumers on maximum deficient service does not significantly
differ with the area.
10. On the question of deficiency in other services, in semi urban
92 Reflections on Consumer Protection
twice; 4.67 percent said thrice and 9.33 percent said more than
three times. On the whole 34.33 percent were sold substandard
goods once; 14.33 percent twice; 8.00 percent thrice and 7.33
percent were sold more than three times. On the whole, 38.33
percent said that they were not sold substandard goods. The sale
of substandard goods to consumers does not differ in relation to
area.
22. Among the consumers in semi urban area 35.33 percent have
made complaint to the seller once; 21.33 percent complained
twice and 10.57 percent thrice. Among the consumers in rural
area 33.33 percent have lodged complaint once; 7.33 percent
complained twice, and 6.67 percent thrice. It was found that
42.67 percent have not lodged any such complaint with the
sellers. The complaining to seller significantly differs in relation
to area.
On making complaint, in semi-urban areas 26.00 percent
consumers got replacement of goods; 25.33 percent cases there
was no action; 7.33 percent received refusal; 8.67 percent had to
face enmity. In the rural areas, 23.33 percent got replacement;
in 5.33 percent there was no action; 12 percent received refusal;
6.67 percent had to face enmity. It is to be noted that 42.67
percent on the whole had not preferred any complaint. The
consequences of complaints differ in relation to area.
23. It is found that 40.7 percent of semi urban consumers and 22.6
percent of rural consumers either always or usually check
prices. Fifty percent of rural sample consumers either rarely or
never check the prices. On the whole, 12 percent always check
the price; 19.7 percent usually check the price; 32.3 percent
normally check the price; 29.3 percent rarely check and 6.7
percent do not check the price. Checking prices by consumers
differs significantly in relation to area.
Among the consumers in semi urban area 9.33 percent have
never been charged higher and 6.67 percent have been charged
higher price more than three times. In rural area, 9.33 percent
have not been charged higher and 24.67 percent have been
charged higher price more than three times. Charging higher
price by seller differs in relation to area.
24. For the existence of right to safety aspects in various activities,
96 Reflections on Consumer Protection
A Opinion of Officials
Impact of liberalization in relation to higher production,
competitive prices, awareness and remedy is less in rural areas. The
impact is less in both areas as regards higher quality. However, there
is negative correlation between the opinions of semi urban and rural
sample officials. As regards the impact of privatization on quantity
aspect is concerned, it was found that 30 percent in semi urban area
and 28 percent in rural area felt that change in quantity is higher. 28
percent in semi urban area and 38 percent in rural areas felt change
in awareness is higher. 30 percent in semi urban and 48 percent
in rural area felt that change in remedial measures has increased.
However, 37 percent of sample officials felt that remedy aspects
due to privatization have not changed significantly. The impact of
privatization in relation to production and competitive prices are
seen in semi urban areas. The impact is felt in production and quick
remedy in rural areas. There is positive correlation between the
opinions of semi urban and rural sample officials.
100 Reflections on Consumer Protection
B. Opinion of Sellers
On impact of liberalization, privatization and globalization on
consumer rights, 55 percent of semi urban sellers and 54 percent of
rural sellers felt that the right to safety is at high change. 52 percent
of semi urban sellers and 38 percent of rural sellers felt that the
right to information is at high change. 31 percent of semi urban
sellers and 37 percent of rural sellers felt that the right to select is at
high change. It was found that 30 percent of semi urban sellers and
35 percent of rural sellers felt that the right to be heard is at high
change. 30 percent of semi urban sellers and 31 percent of rural
sellers felt that the right against exploitation is high at change. It is
found that 31 percent of semi urban sellers and 38 percent of rural
sellers felt that the right to redress is at high change. 39 percent
of semi urban sellers and 37 percent of rural sellers felt that the
consumer education is at high change.
The impact of LPG on consumer rights is highest on right to
safety, next comes right to information. The third is right to select
and the fourth is right against exploitation. Consumer education and
redress gets equal ranks i.e. 5.5. The next is the right to be heard. It
is to be noted that there is positive correlation between the opinion
of sample semi-urban and rural respondents.
C. Opinion of Consumers
For improved quality, 34.00 percent of semi urban and 27.33
percent of rural consumers felt the change is either high or very
Reflections on Consumer Protection 101
high. But on the whole, 46.00 percent felt that the change is less
or very less. For awareness, 51.33 percent of semi urban and 41.33
percent of rural consumers felt the change is either high or very
high. But on the whole, 40.00 percent felt that the change is less
or very less. For remedy, 62.00 percent of semi urban and 46.00
percent of rural consumers opined that the change is either high or
very high. But on the whole, 28.00 percent felt that the change is
less or very less.
The highest change due to liberalization is seen in remedy, and
then comes awareness, the third is quality. Less change is seen in
competitive prices and least change is noted in production aspect.
However, there is positive correlation in this aspect. The semi urban
and rural consumers do not significantly differ in their perception on
impact of liberalization on competitive prices and quality. However,
they differ in their perception on production, awareness and remedy
aspects.
For change in quantity, 20.33 percent said that there is change
or high change and 43.67 percent felt that there is less change or
least change. For increase in awareness, 26.00 percent felt that there
is change or high change and 35.00 percent felt that there is less
change or least change. For quick remedy, 29 percent said that there
is change or high change and 45.00 percent felt that there is less
change or least change.
On the impact of Liberalization, Privatization and Globalization
for social participation, 68.00 percent of semi urban and 45.33
percent of rural consumers perceived change or higher change.
But on the whole 31.00 percent perceived less or least change.
For educational spending, 67.33 percent of semi urban and 56.00
percent of rural consumers perceived change or higher change. On
the whole 25.67 percent perceived less or least change. For health
spending, 58.67 percent of semi urban and 43.33 percent of rural
consumers perceived change or higher change. But on the whole
24.67 percent perceived less or least change. For awareness on rights,
51.33 percent of semi urban and 34.67 percent of rural consumers
perceived change or higher change. But on the whole 34.33 percent
perceived less or least change.
For women empowerment, 39.33 percent of semi urban and
24.67 percent of rural consumers perceived change or higher change.
But on the whole 45.67 percent perceived less or least change. For
102 Reflections on Consumer Protection
Suggestions
• Consumer Price Index in some cities of Tamil Nadu such as
Chennai, Tiruchirappalli etc is higher than that of All India
Index. Steps may be taken to minimize the price level in those
specific cities by devising target oriented programmes.
Reflections on Consumer Protection 103
Conclusion
Common consumer in India pays for the commodity and service
from his hard earned income but is mostly treated unethically in
most of the organizations. From the womb to the tomb, consumers
are prejudiced by plethora of institutions, may be in public sector
or private sector or individual businessman, where each promise to
provide or deliver something or quality services such as essential
goods or services, but fails in reality. Legislations, self-regulations
106 Reflections on Consumer Protection
and social responsibility are the need of the hour and therefore,
not only the States but also private individuals should come
forward to realize the situation and move forward to take note of
the development in the modern society, especially the aspects of
excessive commercialization, aggressive marketing and unethical
advertisement which are exploiting the consumers. Survival of
the consumers’ rights and their prosperity depend on the activities
of social, political and economic groups which play their part in
promoting rights and interests of the common man in the society. The
governments are taking considerable steps to protect the consumer
rights and welfare but their future continuance cannot be assured due
to globalization, growth of cross culture, excessive generalization
and unethical political directions. Hence integrated steps are to
be taken by the individuals, groups, consumer organizations and
government to protect the interests of the consumers especially in
supply and distribution of essential commodities.
Reflections on Consumer Protection 107
5
A Study on Consumer
Awareness among Arts and
Science College Students
in Tamil Nadu with Special
Reference to Thanjavur
District
C. Subramanian
Introduction
The consumer is a person who receives goods or services in
return for a payment. “Consumer is one who consumes or uses
something”. Thus a person consumes foods, cloth, medicines and
a host of other articles. A machine also consumes energy or air
while working. But the words ‘consumer’ and ‘consume’ are used
in a restricted sense. In the present context, the term ‘consumer’
includes only human beings and not animals or machines. The
term ‘consume’ relates only to articles purchased and not obtained
freely like air, water etc. The Latin term ‘Consumo’ means, “eat up
completely” which understandably led to the current use of the term
‘consumer’. Any person who buys goods and services for personal
consumption and not for commercial purpose or resale is called a
consumer.
Consumers form the largest economic group in any country.
They are the pivots of all economic activities. The concept
of consumerism is almost new in India. Various scholars and
consumerist define it variously. But strictly speaking the concept
has wider connotations. In fact, consumerism refers to the activities
of several individuals and organized groups for asserting their rights
as consumers. Consumerism is defined by Richard H. Buskirk
and James and Rothe (1970) as "organized efforts of consumers
108 Reflections on Consumer Protection
Consumer Behaviour
According to Webster, “consumer behaviour is all psychological,
social and physical behaviour of potential customers. They become
aware of, the value of the purchase, and after consuming they tell
other people about product and services.” Consumer behaviour
“is the process whereby individuals decide whether, what, when,
where, how and from whom to purchase goods and service.”
Consumer buying behaviour refers to the buying behaviour of
final consumers-individuals and households who buy goods and
services for personal consumption. Buyer's behaviour on the other
hand leads to an end in the process of purchasing and in this process,
two activities take place on the part of the buyer.
i) The thought process that analyses and decides what to buy,
when to buy, how to buy etc., and
ii) The resultant activity viz., accepting or rejecting a product.
Fig. figure
1: Factors Influencing
1: factors Influencing Consumer
Consumer Behaviour Behaviour
with the welfare of people they have to take the initiative to fight
against unscrupulous businessmen. The success of the movement
very much depends upon the concerted efforts of groups of people.
As a natural outcome of frustrations, the consumer movement has
taken the shape of consumer organizations speaking for them. Now-
a-days, the government also provides financial aid and other sorts
of encouragement for the establishment of consumer organizations.
The following are some of the voluntary organizations formed
to protect the interests of consumers:
1. Voluntary Organization in the interest of Consumer Education,
New Delhi. (VOICE)
2. Indian Federation of Consumer Organizations, New Delhi
(IFCO).
3. The Consumer Guidance Society of India, Bombay (CGSI).
4. Consumer Education and Research Centre, Ahmedabad
(CERC).
5. Voluntary Health Association of India, New Delhi (VHAI).
6. All-India Drug Action Network (AIDAN).
7. Consumer Council of India, Madras.
8. Akhil Bharatiya Grahak Panchayat, Pune (ABGP).
9. All-India Consumer Council, Hyderabad.
10. Karnataka Consumers' Service Society, Bangalore.
11. Consumer Action Forum, Calcutta.
12. National Consumers’ Co-operative Federation, Delhi.
13. Save the consumers Movement of India, Madras.
14. Federation of Consumers Organizations: Tamil Nadu and
Puducherry (FEDCOT).
Right to Safety
Article 21 of the Constitution gives an important right of
protection of life and personal liberty. It provides that no person
shall be deprived of his life or personal liberty except according
to procedure established by law. Except the courts, no person or
government can do injury to any person. When the Government
is also not competent to cause harm or injury to any person, shall
a seller or trader be allowed to do so? No. Hence the Act stresses
on “Right to Safety”. No manufacturer or seller is entitled or
authorized to sell goods or provide services, which are hazardous,
and dangerous to the life and health of the human beings.
“Right to safety” means “the consumer has the right to be
protected against the marketing of goods and services which are
hazardous to life and property, due to the defective design, poor
workmanship, negligence, defective ingredients, etc. The goods
or services may cause serious injury to the consumer’s property
or to body or to his near ones or to his guests. Sometimes, it may
lead to incidence of the death. Hence the Consumer has the right
to have good quality and defect-free goods or services. The greedy
manufacturers may manufacture the defective goods and release
them in the market. For example, if a toy manufacturer makes
certain toys for children below 10 years; the toy should not hurt the
child and also other persons surrounding him. If the toy is defective,
and that toy injures the child, then the manufacturers and service
providers is held responsible. It is the legal duty of the manufacturers
and service providers that goods or services should not cause injury
or harm to the consumers.
Right to Information
It is the second right afforded to the consumers by the Act.
“Right to Information” means “the consumer has the right to be
informed about the quality, quantity, potency, purity, standard,
model, price of goods or services so as to protect him against the
restrictive and unfair trade practices. The consumers need to be
informed about products and services so that they can make better
consumption decisions.”
“Caveat emptor” (Let the buyer beware) was an old philosophy
of law. Now the philosophy of “Caveat venditor” (Let the seller
beware) has occupied the place of the old principle of “Let
Reflections on Consumer Protection 113
buyer beware.” The seller has to render to the consumers all the
information about the goods or services, which he is going to sell.
In our country, consumers do not ask for the required information.
They solely depend upon the sellers. This leads to exploitation.
“Information” about the goods or services is an important thing in
sale of goods or services. Information gives merits and demerits,
uses and difficulties, prices, standards, variety of goods, etc. It is
the responsibility of the manufacturers and sellers to ensure that
goods meet reasonable demands of durability, suitability, utility
and reliability. The present day tendency of consumerism is: “the
seller should not sell goods what he has, but the consumer should
get goods what he needs.” They should give fair treatment to the
consumers. If there is lack of sufficient information, the consumer
is put to heavy loss. Lack of information leads the consumer to take
in correct decision, particularly in shopping. The Act envisages this
important right to the consumers.
Right to Choose
The third important right is that the consumer should have the
right of choice. “Right to Choose” means, “the consumer should
have chances of choosing his required goods from a variety of
goods and services at competitive and reasonable rates.” The sellers
should not enjoy monopoly in the market, and should not adopt
restrictive trade practices. The sellers should sell variety of goods
with good standards in fair and effective manner. There must be
a healthy competition among the traders/manufacturers. All the
sellers should aim to win the consumer by rendering good services
and selling good quality goods with lowest cost. There must be
greatest range of choice available among the products at reasonable
and competitive prices. The manufacturers and distributors should
provide after-sales service centers and see that the spare parts of the
goods should be available in the market in abundance.
Right to be Heard
Previous to the Consumer Protection Act, 1986, the aggrieved
consumer has to seek his remedies under the other Acts, such as
the Civil Procedure Code, 1908, the Code of Criminal Procedure,
1973, the Indian Contract Act, 1872, Monopolies and Restrictive
Trade Practices Act, 1969, etc. All these Acts provide exhaustive
and complicated legal procedures. Consumers are in crores. Their
114 Reflections on Consumer Protection
the complaints exceeding twenty lakhs but not exceeding one crore,
besides the appellate power over District Forums. The National
Commission can hear the complaints exceeding one crore. It has
appellate powers over the State Commission. Sections 9 to 15 explain
the provisions about the District Consumer Fora. Sections 16 to 19
explain the provisions about the State Commission. Sections 20 to 23
explain the provisions about the National Commission. Sections 24
to 27 explain finality of orders, limitations, enforcement, dismissal
of frivolous or vexatious complaints, penalties, etc. applicable to all
Consumer Redressal Agencies.
Section10 (1) lays down that each District Forum shall consist
of a person who is, or has been, or is qualified to be a District Judge,
who shall be its President; and two other members, one of whom
shall be a woman. The State Commission is headed by a retired
High Court judge. Besides this, it shall have not less than two and
not more than such number of members as may be prescribed, and
one of whom shall be a woman.
Among the consumer redressal agencies, the National
Commission is the apex body at the Centre. It is headed by a
President who, shall be a person who is or has been a Judge of the
Supreme Court. He shall be appointed by the Central Government
after consultation with the Chief Justice of India. In addition it shall
have not less than four and not more than such number of members,
as may be prescribed, and one of whom shall be woman. This
condition is imposed by the Consumer Protection (Amendment)
Act, 1993 with an object to safeguard the “Independence of National
Commission”.
Research Methodology
The descriptive cum diagnostic design was adopted in the study.
The students those who were studying in final year UG Courses in
the Arts and Science colleges (Government colleges: 6, Government
Aided colleges: 5 and Private self-financed colleges:18) of Thanjavur
district were the universe of the study (total = 9857, male 4482,
female 5375). It was decided to have minimum 1000 samples for this
study. Further it was decided to select 40 samples from each college
and hence by using Stratified Disproportionate Random Sampling
Technique. 40 samples were selected from each college. For boys’
colleges (1 College) all the samples were male and girls’ colleges
(5 Colleges) all the samples were girls. From every co-educational
college (23 Colleges), which has sufficient student strength in the
3rd year, 20 boys and 20 girls were selected as respondents. In
few colleges as the 3rd year students were less, all of them were
selected as respondents. Altogether the sample strength was 1040.
The researcher generated self-prepared questionnaire concentrating
on the aspects of socio-economic data, awareness about consumer
rights, consumer behaviour, participation in consumer clubs,
knowledge about consumer council, etc. The questionnaire that was
used for the students consisted of 55 questions. The primary data
required for the study were collected in the period from November
2007 to January 2008.
The sample selection details are given in Table 1.
Table 1: Sample Distributtion
List of Colleges
Name and Address Total No. of Students U.G. Final year Sample
students
(Universe)
Male Female Total Male Female Total Male Female Total
1 Abi & Abi College, Thanjavur 320 261 581 75 112 187 20 20 40
(Co-ed)
2 Adaikalamatha College, Thanja- 901 520 1421 173 108 281 20 20 40
vur. (Co-ed)
3 AVVM Sri Pushpam College of 4170 1789 5959 1132 320 1452 20 20 40
Arts& Science, Thanjavur (Co-ed)
Reflections on Consumer Protection
4 Bharath College of Arts & Sci- 1619 934 2553 397 152 549 20 20 40
ence, Thanjavur (Co-ed)
5 Bon Secours College of Arts & 0 1018 1018 0 172 172 0 40 40
Science for Women, Thanjavur
6 Kunthavai Nachiar Govt. Arts 0 3363 3363 0 950 950 0 40 40
& Science College for Women,
Thanjavur
7 Maruthu Pandiar College of Arts 470 600 1070 50 73 123 20 20 40
& Science (Co-ed), Thanjavur
8 N. M. Venkadasamy Nattar Col- 25 152 177 12 20 32 12 20 32
lege of Arts & Science(Co-ed),
Thanjavur
119
9 Nalli Kuppusamy College of Arts 0 300 300 0 100 100 0 40 40
120
clubs, however they were aware of their rights, and did claim
the same in their way, without using the machinery of consumer
redressal forums or consumer councils.
Suggestions
The consumers must have education and awareness for better
implementation of their rights. “Consumer education is the process
by which consumers: a) develop skills to make informed decisions
in the purchase of goods and services in the light of personal values,
maximum utilization of resources, available alternatives, ecological
considerations and changing economic conditions. b) become
knowledgeable about the law, their rights and methods of recourse,
in order to participate effectively and self-confidently in the market
place and take appropriate action to seek consumer redress. c)
develop an understanding of the citizen’s role in the economic,
social and government systems and how to influence those systems
to make them responsive to consumer needs.” [US Department of
Education, 1980]
Educational institutions have to play an effective role towards
creating awareness among students by adopting methodologies
such as organizing seminars, workshops, lectures, discussions,
essay competitions, quizzes etc. with regard to consumer rights,
protection and welfare. Consumer clubs should be formed in each
school and college with the support of local consumer organization.
Material on consumer education should be made available in school
and college libraries. Frequent exhibitions and demonstrations
must be organized in public places and in educational institutions
focusing on various abuses and unscrupulous market practices.
Consumer education programmes should be made mandatory in
the school system. Consumer behaviour researches can make a
substantive contribution to the field of consumer education by
designing appropriate curriculum for such programmes.
The legal provisions must be effectively implemented so as to
ensure that all products' packages have the relevant details like the
date of manufacture and date of expiry. The competent authority
must ensure by frequent checking that the products are not sold after
the date of expiry, especially articles that are categorized as food
and medicine. The government must take effective steps to prohibit
the use of unfair weighs and measures such as the use of round
126 Reflections on Consumer Protection
beam scale, spring balance and stones. The scales and measures that
are prohibited by the government should be published to enable the
public to be aware of such prohibited scale and measures.
Steps must be taken to identify the unscrupulous traders who
are misbranding the products of well-known brands. The established
brands should be conscious of the misbranding of their products to
safeguard the interest of consumers. The existing laws to protect
consumers should be effectively implemented. Any loophole found
in the legislations should be plugged. The Department of Civil
Supplies and Consumer Affairs in every collectorate at the district
level must take necessary steps to regulate the supply of food items
through licensed shops only. Every manufacturer of food items
must be asked to produce items only with permitted colours and
contents. Also, the government needs to take initiative to establish
consumer forums at Taluk level in order to make easy access of
justice for needy people.
The Consumer Councils must take steps to educate people on
their consumer rights and the malpractices in business. The address
and phone numbers of consumer forums need to be displayed at sale
outlets and prominent public places in order to ensure the awareness
and enforce consumer vigilance. The details of consumer forum
should be printed on backside of every bill and displayed in all
trading concerns. Every business enterprise should accept consumer
protection as their “Social Responsibility.” Consumer satisfaction is
our goal – should not only be a slogan for businessmen, but it must
be put in practice. The businessmen must welcome the complaints
of the consumers and also take steps to redress the complaints.
The media can play a vital role to promote general awareness
of the rights of the consumers by providing information to them.
The campaign through the media should be enhanced to reach the
people at all levels. The general public, as consumers, should be
made to realize their rights and exercise them in the case of any act
of cheating or exploitation. Simultaneously attempts should be made
by the State and Central Governments with the aid of local welfare
associations and bodies to increase people’s active participation in
consumer movement in India.
Conclusion
The findings revealed that students are aware of consumer
Reflections on Consumer Protection 127
rights. However, they do not exercise their rights. The reasons are
not difficult to understand. They are apathetic and rather indifferent.
When it is a personal problem, they act. However, they do not when
it concerns the society at large. As most of the students interviewed
are under the control of the parents or dependent on the elders, their
potentials have not come out.
They will be able to act as a true consumer when they come out
of the ‘Shell” and become independent. Therefore, efforts should
be taken to make the youngsters as proactive consumers. They
have to be actively involved in the activities of consumer clubs and
voluntary consumer organizations in their respective areas. Above
all, consumer education should be part of curriculum for students at
college level. This will promote their involvement and participation
in consumer cause.
References
1. Anitha, H.S. (1999). Marketing in 21stCentury, Mangal Deep Publications,
Jaipur, p. 103
2. Basrur K. (1974). The Consumer in India, Leslie Programme of Training
for Democracy, Bombay, p.15.
3. Bhagwati, P.N. (1976). The Consumer in India. Third Conference on
Consumer Protection in India, Surat, p.2.
4. Gyan Pandit, Fostering Consumer Activism, Consumers Forum (Regd),
New Delhi, p. 3
5. Padma, G. (1990). Media and Consumer Protection - A Manual, CERC,
Ahmedabad, p. 62
6. Philip Kotter, Gari Armstrong (1996). Principles of Marketing, Prentice
Hall of India Ltd., New Delhi.
7. . . . . (1999). ‘The Consumer’, The Hindu, p.32.
128 Reflections on Consumer Protection
6
Accountability
Consciousness of Consumer
Protection Legal System in
Kerala
P. Gopinadhan Pillai
they sell more than Rs. 15,000 crore worth of gold every year.
There are other figures that make Kerala the favourite of
breweries in India. The per capita liquor consumption of the State is
8.3 litres which is equal to that of the United States and higher than
that of Poland (8.1 litres) and Italy (8 litres). According to a report in
the Hindu, Kerala tops the list of states with the highest rate of per
capita consumption of alcohol. In the first financial quarter of 2010,
Keralites spent Rs. 2019.38 crore on liquor. The amount spent on
spurious liquor is unknown.
Another indicator of Keralite’s conspicuous consumption is the
highest individual ownership of vehicles in India after Delhi. About
4 lakh vehicles including more than 100 Mercedes Benz cars are
sold here every year. Even where fast moving consumer goods are
concerned, the figures are staggering. About 15 percent of Hindustan
Lever’s sale is in Kerala. Because of such success, many products
are actually test-marketed in the State before distribution elsewhere
in the country. (Stark World: Kerala, 2005). The oft repeated theory
is: “if it is a success in Kerala, it will be so all over India”. (Stark
World: Kerala, 2005)
Since Kerala is a confirmed consumer state, goods are brought
here from other states in India and from foreign countries. Hence,
the people of the state are vulnerable to exploitation: adulteration
of food, spurious drugs, dubious hire-purchase plans, high prices,
poor quality, deficient after-sale services, deceptive advertisements,
hazardous products, black marketing and many more. The adage,
“Consumer is sovereign” and “Customer is the king” are nothing
more than myths in the present scenario of market-driven economy.
Consumerism in Kerala
Inspite of these developments, consumerism is still in its infancy
in our country. Consumer awareness of their rights is low due to
the apathy and lack of education among the masses. The consumers
are unaware of their rights – to be informed about product quality,
price, protection against unsafe products, access to variety of goods
at competitive prices etc. The consumer is the focal point of any
business. But these consumers are under constant threat of being
exploited by the manufacturer, middlemen and the seller. There are
various forms of exploitation and some of the most common ones are:
• Not getting money’s worth of goods or services
130 Reflections on Consumer Protection
Specific Objectives
1. To understand the dynamics of the functioning of the State
Commission and the District Forums in respect of their declared
vision and mission;
2. To critically examine the roles played by advocates in the
consumer protection set-up in Kerala and their accountability-
consciousness;
3. To know the view-points of consumer complainants and
their opposite parties regarding the services rendered by the
Commission and the Forums; and
4. To formulate an action-plan to strengthen further service-
delivery capacity of these institutions.
Reflections on Consumer Protection 133
Sampling Design
The overall design was stratified simple random sampling.
Respondents were selected according to their work experience with
State Commission/Consumer Dispute Redressal Forums and their
availability and accessibility. Those who were reluctant to open up
and communicate freely with investigators and those who were too
much preoccupied with their official work were left out.
Fig. 1: District Forum: Structure
District Forum
(President+2 Members)
Selection of Samples
The universe (or population) selected for the study is
heterogeneous: there are four categories of samples and hence,
stratification is based on each category as shown below:
The study team could collect data through interactive sessions
and questionnaires from 14 Members and 7 Presiding Officers of the
7/14 District Forums of Trivandrum, Kollam, Kottayam, Ernakulam,
Palakkad, Thrissur and Kozhikkode (Census method) and 4 more
from other districts (25), selected purposively on account of their
subject knowledge and work experience in judiciary.
150 questionnaires were distributed among the advocates
who regularly practice at the 7 District Forums and the State
Commission in Trivandrum. Inspite of several visits, our study
team could collect only 68 filled-up questionnaires. Out of this 8
were found to be incomplete and defective. Hence, the remaining 60
were accepted for analysis. It was simple, random sampling based
on their availability and willingness to fill up the questionnaires.
Thirty respondents from among the complainants at the 7
District Forums were randomly selected on the basis of their
experiences in the conduct of the cases at the Forums and their
willingness to respond to the questions. An Interview Guide was
134 Reflections on Consumer Protection
there is one principle which runs through the entire fabric of the
Constitution, it is the principle of the Rule of Law and under the
Constitution, it is the judiciary which is entrusted with the task of
keeping every organ of the State within the limits of the law and
thereby, making the Rule of Law meaningful and effective. But it
is necessary to remind ourselves that the concept of independence
of the judiciary is not limited only to independence from executive
pressure or influence and that it is a much wider concept which
takes within its sweep, independence from many other pressures
and prejudices.”
Furthermore, he has observed that, “Judges should be of
stern stuff and tough fibre, unbending before power, economic or
political, and they must uphold the core principle of the Rule of Law
which says, “Be you be ever so high, the law is above you”. This
is the principle of independence of the judiciary, which is vital for
the establishment of real participatory democracy, maintenance of
the Rule of Law as a dynamic concept and delivery of social justice
to the vulnerable sections of the community. It is this principle of
independence of the judiciary which we must keep in mind while
interpreting the relevant provisions of the Constitution". (AIR 1982
SC 149,198)
Justice Fazil Ali in his judgment in Gupta’s case held that
the independence of judiciary is doubtless a basic structure of
the Constitution, but the said concept of independence has to be
confined within the four corners of the Constitution and cannot go
beyond the Constitution (Ibid at 199).
Judicial Accountability
According to Justice A. Pasayat, “I always feel (that) the
accountability concept has three stages. First, each member of the
judiciary has the accountability to himself. He has to do a soul
searching and self-introspection. He has to convince himself that
what he has done is morally and more importantly, legally correct,
and his decision is not dictated by any extraneous consideration”.
As Lord Donaldson, the former English Master of Rolls has said,
“Judges are without constituency and answerable to no one except
to their conscience and the law”. The second stage of accountability
is the accountability of the individual to the institution. Here
again, self-introspection and soul–searching plays a vital role. The
individual has to ensure that what he has done would not bring
disrespect or disrepute to the institution. On the contrary, even if it
may not increase the respectability and credibility of the institution,
it shall not diminish it. The institution cannot be segregated from the
individuals. The credibility or lack of it would depend to a complete
measure on the individuals. The third stage is the most important
one. It is the accountability of the institution to the larger society.
Indeed, judging is no longer an easy task.
To fulfil the various obligations of the judiciary, it is enabled
to derive power from various sources. Many of the powers are
derived from the basic document i.e. the Constitution itself, as
much of the obligations are constitutional in nature. Some of the
powers are assumed by the judiciary in order to realize multifarious
social obligations and such usurpation is by and large has been
acknowledged and accepted by society since the other limbs of the
state especially the Executive have miserably failed to discharge
their social obligations. Whatever may be the reason, whatever may
be the source of power, the inescapable truth is that the judiciary,
at present, enjoys wider and varied powers. Apart from its usual
judicial power, every now and then, the judiciary exercises executive
as well as legislative powers. Such powers are given to the judiciary
not for personal aggrandizement of the judges but to sub-serve the
constitutional purpose and to uphold the majesty of democracy.
138 Reflections on Consumer Protection
.
140
(3-4)
(8-9)
(3+6)
(4+7)
(8&9)
month
month
month
month
of since
of since
Sl. No.
Balance
Forum
District
Disposed
Disposed
Disposed
inception
inception
inception
inception
the month
percentage
during the
Filed since
Filed since
pending at
of previous
of previous
of disposals
Filed during
of the month
the end of the
the beginning
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1 Trivandrum 13085 12222 863 31 39 13116 12261 855 93
2 Kollam 14869 14291 578 32 43 14901 14334 567 96
3 Pathanamthitta 7082 6934 148 14 29 7096 6963 133 98
4 Alappuzha 10388 10200 188 67 29 10455 10229 226 98
5 Kottayam 16968 16519 449 30 26 16998 16545 453 97
6 Idukki 7851 7763 88 18 21 7869 7784 85 99
7 Ernakulam 23447 22730 717 64 65 23511 22795 716 97
8 Thrissur 23562 20961 2601 40 81 23602 21042 2560 89
9 Palakkad 9323 9184 139 15 19 9338 9203 135 99
10 Malappuram 9174 8938 236 24 17 9198 8955 243 97
11 Kozhikkod 16863 16269 594 48 30 16911 16299 612 96
12 Wayanad 5924 5798 126 17 17 5941 5815 126 98
13 Kannur 11515 11162 353 23 33 11538 11195 343 97
14 Kasargod 6510 6222 288 58 53 6568 6275 293 96
Total 169193 169193 7368 481 502 177042 169695 7347 96
Source: Kerala SCDRC
Reflections on Consumer Protection
Reflections on Consumer Protection 141
Accountability-consciousness of Advocates
In the case of advocates, the Accountability-consciousness
score is low for 34 respondents and average for the rest, out of 60.
In what way can we explain this finding? Perhaps Advocate Shri
CK. Mohandas of Kodungallur has an explanation: “Training is
imperative but lawyers are a special category of professionals, unable
to render service, based on high ideals.” If one accepts this premise,
practicing law is a profession sans ethical values and considerations.
One argument put forward by Justice Shri Udayabhanu is that there
is an element of uncertainty and insecurity in respect of incomes and
prosperity in a highly competitive court setting. In other words, one
is compelled to take cases irrespective of their merits or demerits.
Advocate Shri Boris Paul more or less holds the same view when
he said, “In general, it is the tendency of advocates to accept clients
who approach them first and pays what they demand. Generally, they
do not bother much about the merit or demerit – justice or injustice
of the case in question. Furthermore, they feel accountable to the
client and not to anything else. Obviously, one cannot blame them
for their professional integrity and commitment.” We cannot compel
them to be faithful and accountable to the aggrieved consumer, in
preference to the “accused” trader or service provider especially
when the latter becomes a client.
Perhaps, this is the basic difference between the two roles of the
profession of law – one is to be faithful to one’s client irrespective
142 Reflections on Consumer Protection
Recruitment of Members
Regarding the present practice of recruitment of the Members
of the Forums, there are complaints. CP Act Section 10 (b) stipulates
that Members shall be “persons of ability, integrity and standing,
and have adequate knowledge and experience of at least ten years
in dealing with problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration.” Yet, the
political executives of the government invariably select them on the
basis of political considerations. As a result, persons who are misfit
for the State Commission or the District Forums get appointments.
They lack knowledge and experience in judicial work, relevant laws
and judgments related to consumer protection and the complex
dynamics of the judicial process so much so that some of them are
found to be passive witnesses of the proceedings of the Forums
without any knowledge-based contributions to the framing of the
Orders. Of course, there are exceptions.
Delay
Delay in giving the verdict is one of the complaints frequently
mentioned by the consumers. It causes frequent travels, payments to
the advocate, loss of leave days (if the complainant is employed) and
increase in the cost of litigation. Partly, the advocates are responsible;
they request for frequent adjournments and the Presiding Officers
often take a lenient attitude. Furthermore, some of the Members
lack competency in framing appropriate verdicts. Consequently, the
President has to spend time in guiding them.
Lack of Publicity
Consumer Forum is presently playing a very subdued, minimal
role in promoting consumer education in the State. In fact, the
common man including the traders and service providers at the
lower level, do not have any inkling of the good work done by
Consumer Forums partly due to lack of adequate publicity. A little
bit of image-building is necessary. At present, Orders of Consumer
Reflections on Consumer Protection 143
Forums are available in the internet but, not easily accessible to the
common man.
Burden of Transfers
One of the functional difficulties experienced by consumer
forum is the inappropriateness of the ministerial staff. As indicated
earlier, they are on transfer from the Department of Civil Supplies
of the State Government and novices in respect of judicial matters
and its style of functioning. They remain untrained throughout
their postings in consumer forum, until they return to the parent
department. This is another congenital defect of consumer forum
administration. The present man-power in terms of numbers and
structure designed for Consumer Forum was done around 1990. But
over the years, the number of cases seeking redressal has increased
manifold resulting in huge backlog (8318 cases pending disposal at
the end of April 2012)
Meanwhile, it is found, as on date (May 2012) that in several
Forums at the post of Members remained vacant – (Trivandrum,
Pathanamthitta, Alappuzha and Wayanad).
Deterrent Effect
The consumer protection set-up in Kerala has been activated
since 1990 and has a good track record of performance during the
past twenty years, receiving and handling 176,561 complaints,
which is really impressive. In this context, one pertinent question
144 Reflections on Consumer Protection
Role of Advocates
It is absolutely necessary to keep the Commission and the
Forums open to the complainants to argue their cases by themselves.
But, the importance of the role played by advocates cannot be
viewed any less. Some complainants,while presenting their cases
have a tendency to cast unnecessary doubts on the integrity of the
Forums. This creates much difficulty for the President in explaining
to them everything in detail. It is very time-consuming. Still, some
of the complainants do not get convinced. On the other hand, if
lawyers are appearing, this aspect is very smooth and without
any hassles. Further, in complicated issues especially in medical
negligence cases, where the Hon’ble Supreme Court has opined to
have oral evidence, (for) examination and cross-examination, the
assistance of lawyers is absolutely necessary (Smt. CS. Sulekha
Beevi, President of CDRF Malappuram and Sri. Siva Prasad,
President of CDRF Trivandrum). Some consumers who conduct
cross-examination by themselves ask very irrelevant and irritating
questions and it becomes a strenuous task for the Presiding Officer
to manage the time and the proceedings. Lawyers can and do
sometimes make settlement of cases very easy. When parties appear
directly, and in conflict with each other, the chances of settlement
take several rounds of talks. In general, the complainants expect
inflated compensation. In sum, it is concluded that the advocates
are an integral part of the dispute redressal system and their roles
barring a few, is key to ensure the equity and accountability of the
verdicts.
As per the provisions of CP Act, verdicts have to be arrived
at within 90 days from the date of registration of the complaints
(non-technical cases) and within 150 days where lab testing has to
be sought. The opposite party has to be given 30-days’ time for
responding to the complaint notice sent to it. The consumer forum
has to give additional time for adducing evidences, if required by the
parties. Also, in several cases, examination and cross-examination
Reflections on Consumer Protection 145
Amicus-curiae
This is only an aid (legal) provided to the complainant who does
not know the complex legal aspects of his/her complaint and hence,
not in a position to effectively defend the case. In other words, he/she
needs the assistance of a lawyer but financially not in a position to
engage one. In such deserving cases, this facility is provided by the
Commission. A legal aid fund is set-up specifically for this purpose
from which the Commission provides the services of an advocate. It
is found that this type of aid is provided only in a few cases.
Recommendations
Recommendations are framed strictly on the basis of the data
collected, analysed and the results obtained. A few are concerned
with amendments to the provisions of CP Act, some are in respect
of the second stage of expansion of the present Dispute Redressal
Institutions to the Taluk level and others in respect of de-linking the
Consumer Forums from the Department of Civil Supplies for more
administrative freedom. And the rest are about better infrastructural
facilities, induction training for the Members, refresher programs
for the seniors, techniques for the speedy disposal of complaints etc.
to succeed, each Forum should have good team spirit with esprit
de corps and work in tandem towards the common objective of
providing a strong protective shield to the consumer against unfair
practices whenever he buys something. The concepts of judicial
independence, social justice and accountability should be included
in the training modules. Ethics and values and humanitarianism
should get emphasized in day-to-day work.
2. Accountability-consciousness of Advocates
Computation of the level of accountability-consciousness
among the 60 advocates reveals that it is average among 26 (43.3
percent) and low among 34 (56.7 percent). None with a high level
score. The judges have to be objective, impartial and not committed
to any one party, but the advocate cannot be impartial; has to be
committed to his clients irrespective of the merit or demerit of the
case. This is the nature of their profession.
The ideal role expected of an advocate is to help the judicial
officers in understanding the basic issues involved in a dispute and
the appropriate legal framework. He must help the jury dispense
justice. In fact, a lawyer is not an agent of a client; but he is an
officer of the court, to assist the court to arrive at the discharge of
justice.
3. Induction Training
New Member recruits should be given induction training on
their roles and responsibilities and the basics of consumer protection
and its philosophy. Otherwise, they would remain passive witnesses
of the proceedings of the consumer forum and may not be able to
contribute anything to the formulation of the Orders. In fact, they
are expected to be on their own, handling cases independently and
efficiently and frame Orders with the approval of the President.
Obviously, this can substantially reduce delay in grievance redressal.
Both the complainant and the opposite party will be happy.
Since the tenure of service of the Members is 5 years, Training
Need Assessment exercise (TNA) could be undertaken by an expert
and on the basis of his recommendations, refresher programmes may
be arranged. The responsibility could be entrusted to the Judicial
Academy in the State. The assumption is that more competent the
Reflections on Consumer Protection 149
4. Execution of Verdict
If the party to the dispute, especially the consumer-complainant
cannot get the Order executed without much delay and without any
hassles, there is no point in filing complaints with the Commission
or the Forum. The provisions for issuing arrest warrant under
Cr.P.C. have to be boldly invoked in the case of “delinquent” opposite
parties. The power vested by sections 25 and 27 should be optimally
utilized with discretion.
The Information Officer at the Forums should help the
complainant in preparing the affidavit at the initial stage itself with
the correct name and address of the opposite party who has the legal
obligation to settle the grievance of the customer. Merely describing
the opposite party as Manager, Proprietor, Principal or Messrs X & Y
Company Ltd. in the complaint petition will provide the loop-hole
for the accused to escape the warrant.
Furthermore, the District Collector should ensure his full
support to the police for getting the verdict accepted by the opposite
party. From among the ministerial staff, a senior officer could be
entrusted with the full responsibility of getting the Order executed
at the earliest. In this context, the advocate concerned should also
evince keen interest in the matter. Incidentally, it will be good, if
the President/Member evinces interest in tracking the “fate” of his/
her Order, which could be counted as his/her accountability to the
complainant.
6. Consumer Education
The voluntary agencies and the school clubs focus, in general,
on the rights of the consumers and how they are being exploited by
the manufacturers and service providers. They will also mention that
the Forums are there to redress the grievances in case the consumer
is cheated. But they spare the erring manufacturers and service
providers who knowingly or unknowingly generate the grievances
of their customers. The problem has to be tackled by addressing
the manufacturers and service providers. They should be advised/
compelled to adhere to the ethics and values of honest business. The
message that “the seller should be accountable to the buyer” should
be emphasized. In this context, it is suggested that the associations
of manufacturers and traders such as the Chamber of Commerce,
Vyapari Vyavasayi Ekopana Samithis, All India Manufacturers'
Association, the local Management Associations, and the Schools
of Business Management should educate their members on the
objectives and provisions of the CP Act, 1986 and their accountability
to the consumers who really sustain their business.
7. Infrastructure
One of the topics for discussion raised by the Presiding Officers,
Members, Advocates, ministerial staff and complainants is the
deficiency felt in respect of the present infrastructural facilities in
most of the Forums. The Hon’ble Minister in charge of Consumer
Affairs in the State may appoint an expert committee to assess the
deficiencies and initiate appropriate measures. This is absolutely
necessary for the effective functioning of the institutions. Adequate
budgetary provision to meet the costs is necessary.
8. No Transfers
This has been mentioned again and again by several key
personnel of consumer forums. Those who get transferred to
152 Reflections on Consumer Protection
Concluding Remarks
As per the analysis, feasible recommendations are given,
issue-wise. The authorities concerned can take note of them and
initiate remedial action. The overall impression is that the consumer
protection system symbolized by the State Commission and the
District Forums are active and on the right track. Data indicate
that they enjoy judicial independence– almost free from external
pressures and interference in handling cases. They can write
verdicts as per their perspectives and conscience. It functions as per
the norms of a typical quasi-judicial institution – partly formal and
partly informal. Hence, the consumer feels comfortable and relaxed.
The consumer can freely articulate his grievance and view-points.
Reflections on Consumer Protection 153
Bibliography
1. Consumer Protection Act, 1986
2. Kerala Rules under CP Act
3. Verdicts (Orders) of decided cases selected from CDRC,
Trivandrum and the CDRFs in the State
4. Progress reports prepared by CDRC 2011- 2012
5. Annual Report 2011-2012, Government of India, Ministry of
Consumer Affairs, Food and Public Distribution, Department
of Consumer Affairs Krishi Bhawan, New Delhi
6. Files available with CDRC
7. Rajeev Dhavan (1965). Judges and Judicial Powers, Ist Edition.
8. Krishna Iyer (1999). Justice at Cross Road, Deep and Deep
Publications.
9. Bagavathy P.N. (1988). The Role of Judiciary in developing
Societies, in Law and Justice, The Politics of Judiciary.
10. Venkatraman N.S. (2001). The Role and Reach of Judiciary, The
Hindu.
11. Alexander Bickel (1957). Legislative Process and Judicial
Process, Harvard Law Review.
154 Reflections on Consumer Protection
7
Consumption, Education and
Exploitation: A Probe into
the Consumer Exclusion in
Kerala
D. Rajasenan
Introduction
The study analyses the different dimensions of consumer
exclusion in Kerala, a state known for high literacy rates and social
sector development indices comparable to developed countries
despite poor economic performance. It is true that globalization has
provided people in emerging economies an opportunity to be part
of the global consumption experience; products and brands which
were previously unavailable in these economies have now become
every day names in the households. Awareness about consumer
rights and effective institutional mechanisms to redress consumer
complaints are definite elements in empowering consumers, a
situation that can tackle the problem of exploitation and consequent
consumer exclusion. Looking at consumer exclusion as a process
warrants the need for effective checks and balances in the system
to prevent exclusion, and looking at consumer exclusion as a
status, points at the need to empower consumers. The need to have
effective institutional mechanisms and empowered consumers is of
paramount importance in the case of Kerala characterized by very
high per-capita consumption expenditure among Indian states,
the presence of a large number of emigrants and a vibrant middle
class. The study is organized into three sections. The first section
analyses the perception of the consumers in relation to exclusion
and also their difficulties in consumer fora (those who have filed
cases). The second section elicits the perception of the consumers
regarding their exploitation/exclusion in product categories. The
Reflections on Consumer Protection 155
Overview of Literature
One can find a plethora of literature relating to consumer
exploitation and the perception of the consumers relating to their
buying behaviour, but literature pertaining to consumer exclusion
is very scant. Consumer plays a central role in the economic system
as it generates effective demand and the dearth of it will lead to the
collapse of the system. The relationship between the consumers and
the producers are twofold; as one ignites the other and vice-versa.
Without consumer, it is difficult to see the economic dynamics
of multiplier and accelerator. Consumer satisfaction is perceived
discrepancy between a priori expectations and realization in
satisfaction after the act of consumption (Tse and Wilton 1988). It
also explains the buyer cognitive state of being adequately rewarded
for the sacrifices one has undergone [Howard and Sheth, (1969);
Westbrook and Reilly (1983); Swan and Caroll (1980); Oliver (1992)].
Because of the greedy nature of manufacturers to make wind fall
profit, consumers are exploited not only in terms of money but in a
wider ambit in terms of their health. But consumer exclusion happens
as a result of insufficient resources and asymmetry in information.
It can also happen when decision leading to operational decisions of
the producer in terms of cost minimization behaviour, particularly
connected to spatial dimensions [Hohnen, (2007); Hamilton (2009)].
The institutional dimension of exclusion is discussed by Beall and
Piron (2005) with which institutions can play an important role in
making a society inclusive.
the samples obtained from the different districts were Alappuzha (51),
Ernakulam (75), Thrissure (69), Idukki (39), Thiruvananthapuram
(36) and Palakkad (30). In addition to this, 100 samples were collected
from the Cochin University community from two factions; first from
the educated group comprising teachers and administrative category
and the second from the class-four employees.
Section I
Consumer Perception
The section explores the perception of the general public about
consumer exclusion and also the perception of those who have
filed cases in consumer forums about the difficulties they face
in the forums. Inter-district comparisons have been made for all
possible variables after taking into account the sample adequacy.
Even though the existence of consumer forums and their roles are
known to the masses, the actual discharging of cases and providing
redressal to consumer complaints by the consumer forums are not
popular among the people. This is despite the fact that Kerala is one
among the three fastest consumer case disposing states in India.
It may be pointed out that while the Union Ministry of Consumer
Affairs and different agencies have been working hard in the
direction of popularizing consumer rights, the benefits of which
have translated into higher awareness about the role of consumer
forums among the masses, the achievements of consumer forums
in terms of redressing consumer complaints need to be focused for
encouraging people to file more cases.
To check whether there are differences in the effectiveness
of different sources of information in popularizing the role of
consumer forums, a Chi-Square test is used. The results of which
are given in Table 1.
Table 1: Chi-Square Tests –Source of Information about
Consumer Forums and Level of Awareness about Redressal of
Complaints by Consumer Forums
Thrissur 4 4 16 24 32 4 16 100
Idukki 8 40 4 16 8 4 20 100
Thiruvananthapuram 10.7 32 14.7 26.7 10.7 0 5.3 100
Palakkad 10.7 28 1.3 10.7 21.3 2.7 25.3 100
Total 17 25 10 18.3 13 2.3 14.3 100
Component
1 2 3 4
Lack of knowledge about
court procedures 0.937 0.086 -0.164 0.047
Lengthy procedures 0.274 0.086 -0.004 0.75
Cases adjourned for unnec-
essary reasons 0.796 -0.083 0.19 0.12
Advocates are not reliable -0.2 -0.103 0.19 0.014
Respondents seldom appear
in the court 0.403 0.116 0.009 0.77
Not getting enough time to
justify and produce evidence 0.848 0.195 -0.196 0.114
Members/President frequent-
ly absent 0.919 0.161 -0.119 0.124
People concerned demand
bribes 0.884 -0.006 -0.015 0.028
Difficult to communicate the
plight 0.049 0.869 -0.281 0.119
Court language difficult to
understand 0.017 0.797 -0.126 0.273
Help of advocate unavoid-
able -0.014 0.823 0.268 -0.065
High fees charged by advo-
cates -0.086 -0.042 0.892 0.059
Expenditure is higher than
the benefit/worth of the case -0.062 0.026 0.896 0.11
Court rooms are crammed
0.221 0.705 0.075 -0.226
Extraction Method: Principal Component Analysis.
Rotation Method: Varimax with Kaiser Normalization.
a. Rotation converged in 5 iterations.
important role in shaping the first factor. The second factor can be
labeled as ‘Communication barriers’ as the variables ‘Difficult to
communicate the plight, Court language difficult to understand,
Help of advocate unavoidable’ are three out of four variables that
Reflections on Consumer Protection 165
from Alappuzha. Even though Thrissur also has the same number
of responses in this category, the image of Thrissur is much better
explained by the response ‘efficient’ which lies closest to Thrissur
in the graph as the district has the highest comparative frequency in
terms of response to this category. Going by the same explanation,
we find Thiruvananthapuram to be closer to the response ‘some area
to be improved’. The districts Ernakulam and Idukki lie closer to the
point ‘very efficient’ indicating that the districts have the highest
comparative responses in this category.
Section II
Product/Service-wise Inferences
Second section tries to put under radar information relating
availability, dishonouring of warranty, demanding of bills,
false information about products and defective products with
respect to six types of products or services which consumers in
Kerala predominantly come across, i.e. pharmaceutical products,
cosmetics, food products, home appliances, services, automobiles
and durable goods inter alia consumer exclusion. Chi-Square
analysis has been done for products vis-à-vis exploitation pattern
and the results are given in Table 4. Table 4a explains the Chi-
Square result for the information on pharmaceuticals among the
samples across the districts. It clearly states that, there is significant
difference in the information available on pharmaceuticals across
districts. About three-fourth of the respondents in the state have
not frequently received any records/bills while purchasing
pharmaceutical products, clearly shows the kind of exploitation
meted out by the consumers in the state making them unable to go
for redressal or complaints, if any. The trend is similar in almost all
districts. Only 5 percent of the respondents in the state got records
or bills while purchasing pharmaceuticals. It is seen that there is
no significant inter-district differences in terms of receiving any
records/bills while purchasing pharmaceutical products. Majority
of the respondents have received defective pharmaceutical products
some times in the form of expired or damaged medicines. The
feature is uniform with almost all respondents across the districts.
Chi-Square result shows no significant inter-district differences
in terms of defective pharmaceuticals. False information in the
form of falsifying the contents of the medicine by exaggerating
the exact benefits of medicines etc is being experienced sometimes
by half of the respondents. Dishonouring of warranty/contract on
pharmaceuticals is quite high.
Information available for consumers about cosmetics in
the pre-purchasing period has inter-district differences and is
also in varying nature. Half of the respondents in the districts of
Thiruvananthapuram, Ernakulam, Thrissur opined that information
was easily available about cosmetics in the pre-purchasing stage
itself. Table 4b Chi-Square test on information about cosmetics
Table 4: Chi-Square Test Tables
Getting defective
Availability of Providing records products/poor Dishonouring warranty/
information or bills service False information service terms
Value df Asymp. Asymp. Value df Asymp. Asymp. Asymp.
No. of valid Sig. Sig. Sig. Sig. Sig.
cases = 300 (2-sided) Value df (2-sided) (2-sided) Value df (2-sided) Value df (2-sided)
Table 4a: Pharmaceutical products
Pearson 26.28 15 0.035 8.884 10 0.543 9.86 10 0.453 7.413 10 0.686 17.369 10 0.067
Chi-Square
Likelihood 26.4 15 0.034 9.265 10 0.507 9.045 10 0.528 7.549 10 0.673 16.947 10 0.076
Ratio
Linear- 0.11 1 0.74 2.264 1 0.132 0.085 1 0.77 0.962 1 0.327 0.194 1 0.659
Reflections on Consumer Protection
by-Linear
Association
Table 4b: Cosmetic products
Pearson 44.13 15 0 7.26 10 0.701 10.3 10 0.415 9.435 10 0.491 23.125 10 0.01
Chi-Square
Likelihood 46.5 15 0 7.859 10 0.643 9.69 10 0.468 9.396 10 0.495 23.955 10 0.008
Ratio
Linear- 0.046 1 0.83 0.317 1 0.573 0.808 1 0.369 0.744 1 0.388 2.069 1 0.15
by-Linear
Association
Table 4c: Food products
Pearson 15.27 20 0.761 6.892 10 0.736 8.692 10 0.562 28.62 10 0.001 15.688 10 0.109
Chi-Square
Likelihood 15.76 20 0.731 6.926 10 0.732 8.141 10 0.615 27.44 10 0.002 15.137 10 0.127
169
Ratio
Linear- 0.334 1 0.563 3.257 1 0.071 0.486 1 0.486 3.24 1 0.072 0.924 1 0.336
170
by-Linear
Association
Table 4d: Home appliances
Pearson 18.89 15 0.219 10.08 10 0.433 10.7 10 0.382 7.029 10 0.723 7.669 10 0.661
Chi-Square
Likelihood 20.49 15 0.154 10.36 10 0.409 8.377 10 0.592 7.076 10 0.718 7.379 10 0.689
Ratio
Linear- 0.813 1 0.367 1.251 1 0.263 0.017 1 0.897 1.914 1 0.167 0.052 1 0.82
by-Linear
Association
Table 4e: Services
Pearson 35.92 20 0.016 6.354 10 0.785 .. .. .. 7.27 10 0.7 11.291 10 0.335
Chi-Square
Likelihood 33.14 20 0.033 5.981 10 0.817 .. .. .. 6.912 10 0.734 10.816 10 0.372
Ratio
Linear- 0.076 1 0.783 0.303 1 0.582 .. .. .. 0.621 1 0.431 1.329 1 0.249
by-Linear
Association
Table 4f: Automobile and durable goods
Pearson 76.76 20 0 15.56 10 0.113 4.358 10 0.93 7.806 10 0.648 15.378a 10 0.119
Chi-Square
Likelihood 79.06 20 0 14.25 10 0.162 4.265 10 0.935 7.497 10 0.678 13.89 10 0.178
Ratio
Linear- 0.031 1 0.861 4.073 1 0.044 0.505 1 0.477 0.114 1 0.735 0.548 1 0.459
by-Linear
Association
Reflections on Consumer Protection
Reflections on Consumer Protection 171
Section III
1 2 3 4
Perishable goods 0.493
FMCG 0.834
Consumer durables 0.773
Financial services and bank-
ing(mutual funds, bank transac-
tions) 0.644
Airlines and travel agencies 0.586
Telephone and communication 0.613
Public service utilities (electrici-
ty, water) 0.691
Vehicles related 0.662
Unorganized financial services,
automobile financing 0.748
Insurance policies 0.857
Health care products and services
Kaiser-Meyer-Olkin Measure of Sampling Adequacy= 0.727; Bart-
lett’s Test of Sphericity: Chi-Square=160.39, Sig=.000
Extraction Method: Principal Component Analysis; Rotation Method:
Varimax with Kaiser Normalization; Rotation converged in 15 iterations.
It is evident from the Rotated Component Matrix in Table 6
that airlines and travel agencies, telecom, public service utilities
and chitty/unorganized financial sector have a factor loadings of
0.5 or above with regard to the first component. These services
are considered to have a high scope for exploitation. The second
factor has positive correlation with consumer durables and financial
services. Third factor shows a positive correlation with FMCG and
vehicles.
References
1. Beall, J and Piron, L. H (2005), DFID Social Exclusion Review,
Department for International Development (DFID).
2. Hamilton, Kathy (2009), Low-income Families: Experiences and
Responses to Consumer Exclusion, International Journal of Sociology
and Social Policy, Vol.29. Nos.9/10, pp.543-557.
3. Hohnen, P (2007), Having the Wrong Kind of Money: A Qualitative
Analysis of New Forms of Financial, Social and Moral Exclusion in
Consumerist Scandinavia, The Sociological Review, Vol. 55 No. 4,
pp.748-67.
4. Howard, John A. and Sheth, J.N. (1969), The Theory of Buyer Behavior,
New York: John Wiley and Sons.
5. Oliver, Richard L (1992), An Investigation of the Attribute Basis of
Emotion and Related Affects in Consumption: Suggestions for a Stage-
Specific Satisfaction Framework, Advances in Consumer Research, Eds.
John F. Sherry and Brian Sternthal. Ann Arbor, MI: Association for
Consumer Research, 237-244.
6. Swan, I. Frederick Trawick, and Carroll, G. Maxwell (1982), Satisfaction
Related to Predictive, Desired Expectations: A Field Study, in H. Keith
Hunt and Ralph L. Day, eds. Bloomington, New Findings on Consumer
Satisfaction and Complaining. IN Indiana University, 15-22.
7. Tse, D. K. and Wilton, P. C (1988), Models of consumer satisfaction
formation: an extension, Journal of Marketing Research, 204-212.
178 Reflections on Consumer Protection
8
Consumer and Medical
Negligence: A Case Study
of Consumer Redressal
Mechanism in the Delivery
of Medical Services in the
Rural Areas
Introduction
The service which medical professionals render to us is the
noblest. Since long the medical profession is highly respected,
but today a decline in the standard of the medical profession can
be attributed to increasing number of litigations against doctors
for being negligent narrowing down to “medical negligence”. It’s
a common observation that medical practitioners, hospitals are
being attacked by family members of patient for alleged medical
negligence.
It has been felt since long that the rural consumers of our
country are victims of constant exploitation and harassment, so far
as the health and medical services are concerned. Social workers
and media have always portrayed the helplessness of poor masses
in this essential and basic need of their life. Their backwardness,
illiteracy, ignorance and poverty are the main causes due to which
they cannot resist and fight back. Unless sufficiently harsh legal
security is provided and strict measures are adopted, it is not easy to
support these people and to ensure a better quality of life for them.
We have seen numerous cases in which the private hospitals
and nursing homes are cheating the patients and their attendants.
It is a common experience that they do not discuss the details of
Reflections on Consumer Protection 179
problems or diseases with the patients and attendants, and that they
are charging exorbitantly – sometimes in the name of operation
charges, sometimes in the name of pathological tests, and sometimes
for medicines, nursing charges etc. They are supplying fake and
spurious drugs. Very often after keeping the patients for several
days, they tell the attendants to take the patient to a bigger hospital.
And the vicious circle continues.
Thus the rural consumers are facing problems, and they suffer
frequent exploitation and harassment in the hands of the doctors,
many of whom are not even qualified. Lack of proper medical
facilities and presence of quacks everywhere in the rural segment
lead to chaotic situation in medical services. Lack of awareness is
hampering the health of the rural consumers and putting them to
risk by the use of spurious and fake drugs. The existing mechanism
is poor; mostly the medical practitioners have their own clout in the
area. Strict legal provisions and awareness campaign is needed.
There has been fast spreading misconduct amongst the medical
professionals. The unethical practices have gone to a level where
the basic purpose of medical profession that is service to humanity
has failed. Few unethical practices like fee sharing, particularly
prescribing a company’s medicine, selling of body parts etc. for
personal monetary gains are openly discussed in the society these
days but never come to the surface due to lack of concrete proof. To
err is human. Mistakes occur but which occur due to carelessness
and negligence cannot be let off. The components of negligence are
duty, breach and resulting damage.
The health service has been under the purview of the Consumer
Protection Act, 1986. The landmark case Indian Medical Association
vs. V. P. Shantha brought the medical professionals within the ambit
of “service” as defined in the Consumer Protection Act, 1986.
The judgment given by the Hon’ble Supreme Court of India,
three judges bench, in October 2005, ruled that doctors should not
be held criminally responsible unless there is prima facie evidence
before the court in the form of a credible opinion from another
competent doctor, preferably a Government doctor in the same
field of medicine, supporting the charges of rash and negligent act.
This judgment has put brake on the possibility of prosecution and
punishment of doctors.
180 Reflections on Consumer Protection
Objectives
Improving public health for all is documented in the Constitution
of India as one of the primary duties of the state. To achieve this,
the planning process of the country provides a broad framework to
the states to develop their health services infrastructure, as well as
facilities for medical education and research. Since the inception
of the planning process, the central and state governments have
experienced a number of constraints in implementing the health
programme effectively.
In 1982, the National Health Policy (NHP) acknowledged
these constraints and suggested an integrated and comprehensive
approach towards the future development of health care services.
To mitigate the problem of limited resources, the policy document
recommended that the states design processes to encourage the
practice by private medical professionals and investment by non-
government agencies in establishing curative centres.
It is true that with the improved income and education, the
expectations of the consumers have also increased. It is not merely
the financial and physical access that has become important but
the manner of delivery, the availability of various facilities and
the interpersonal and diagnostic aspect of care also matter to
the people with enhanced economic earnings. In the rural India,
inadequate availability of doctors and medical equipment, poor
clinical examination and poor quality of drugs were the important
drawbacks reported at government hospitals.
The role of government in ensuring that its country’s healthcare
system provides optimal services for its rural population has been greatly
emphasized, but results have been below expectations. Improvement
in the quality of primary healthcare services apart from increasing
accessibility and affordability has become a matter of grave concern
for the rural folks of our country in the recent years. The meaning
of quality in healthcare system has been interpreted differently by
different researchers. Ovretveit (1992) identified three “stakeholder”
components of quality: client, professional, and managerial. After
70 years of independence, a number of urban and growth-orientated
developmental programmes are being implemented, but nearly 833
million rural people (about 70 percent of the total population), half of
which are below the poverty line (BPL) continue to fight a hopeless
and constantly losing battle for survival and health.
Reflections on Consumer Protection 181
Methodology
Mere mention of the Consumer Protection Act at any gathering
or scientific meeting of doctors evokes their instant attention and
182 Reflections on Consumer Protection
Major Findings
The detailed responses were sought from the respondents on
various aspects and the same have been grouped in 04 different
sections as follow:
Reflections on Consumer Protection 183
A. Patient Profile
In all 400 patients were interviewed from 100 different clinics
of varying sizes and also the kind of services being provided in
these clinics. The profiling was done on following points:
1. Family Size
2. Number of Children
3. Number of Children under 13 years and above 13 years.
4. Occupation
5. Income
6. Number of persons suffering from illness
7. Spending on illness
8. Borrowing for illness
B. Medical Facilities
The second aspect of this study was to understand the medical
facilities available for the respondents, to examine the extent of
facilities available.
• 19 respondents mentioned about the availability of medical
facilities in the village, whereas other responses were negative.
All these 19 respondents have confirmed that medical
practitioner available is either quack or RMP. It also means that
facilities are not available at almost all the places and wherever
it is available it is not upto the mark.
• Out of total respondents, 366 respondents have mentioned that
no medical store is available in the village. It shows the extent of
availability of the basic infrastructure like medical store.
• Even at the nearest market only the quacks are providing services.
346 respondents have confirmed that quack / RMP is providing
the medical services to the respondents whereas in about 54 cases
even this facility is not available at the nearest market.
184 Reflections on Consumer Protection
At Village Level
In earlier section we have understood the extent of medical
facilities availble at the village level. This section will help us to
understand the experience of the respondents vis-a-vis medical
facility available at the village level.
• It was observed that out of total patients at the village level
21 were in the age group of 01 – 18 Years, whereas 29 were
major between 18 – 30 years and 59 above 30 years of age have
consulted doctors for various ailments.
• As mentioned earlier the medical practitioners were available in
only about 34 cases and all of them were either quacks or RMP.
• It must be noted that the medical practitioners in all these 34
cases have administered simple medicines and in some cases
i.e. in 04 cases simple advise has been offered.
• It was observed that total 35 cases have mentioned about the
benefit accrued to them which ranged between 30 percent to
70 percent. It must be noted that 18 have mentioned the benefit
Reflections on Consumer Protection 185
Level of Benefits
• All the patients were from rural background. They experienced
varying degree of satisfaction with various doctors. It was
observed that only 03 out of total respondent group size of 145
had satisfaction level in the top most group of 70 – 100 percent.
• The patients from the rural area went to this nearby market
with high level of expectations. The patients expected that
they would be informed with the nature of ailment and also
the estimated cost of the treatment. We have also tried to
understand the behaviour pattern and satisfaction level of the
patients viz-a-viz doctors.
• Doctors in the nearby market area were having about 204 cases
for various ailments. This chunk is very large as compared to
referred patient from village level.
were interviewed and it was found that all of them were operating
from a small clinic managed by them.
The other important aspect of the study was to understand
the kind of professionals operating in the field. This will help to
strengthen the Information, Education and Communication (IEC)
strategy for consumer protection and rights of doctor as a medical
professional. It will help to see the provisions of Consumer Protection
Act as complimentary in the relationship of doctor – patient and not
as monstrous one enacted with evil intentions.
It was observed that all the respondent medical professionals
examine about 5-10 patients daily. All the patients (100 percent)
were from rural background. The highlights of the responses from
patients are summarized as follow:
• All the doctors examined about 5-10 patients daily.
• All the patients were from rural background.
• No patient has been referred for further treatment during the
period of consideration i.e. in last 30 days.
• Neither any doctor nor patient has reported any bad experience.
It also means that the interaction between doctor and patient was
very healthy or doctor would not like to talk about it. It also leads
to the conclusion that the patients have no expectation from the
doctor apart from being treated or they do not understand the
difference between being treated and treated with information.
• Since there was no complaint, the nature of complaints could
not be analysed. This also shows that there is complete vacuum
of information on this front.
• Not a single doctor was aware about the provisions of
Consumer Protection Act. This also shows that there is lack of
awareness and also the state machinery could not reach out to
the professionals for whom the Act has been enacted. It must
also be noted that all the respondent doctors irrespective of their
qualification, experience, set-up and age are not aware about the
provisions in CPA.
• All medical professionals (100 percent) were of the opinion that
doctors should not be covered under CPA. This was ironical
that no one is aware about the provisions in the Act but they
would not like to be covered under the Act.
188 Reflections on Consumer Protection
Conclusion
On the basis of the survey conducted in the rural areas i.e.
the four targeted blocks of Pratapgarh district of eastern UP it
is concluded that even the doctors are not properly aware about
the provisions of Consumer Protection Act related to medical
negligence and its implications. They perhaps need proper and
thorough training about the provisions and the procedures of these
Forums. Occasional orientation programs may be organized for the
medical practitioners.
Similarly, the patients are perhaps more ignorant about
Consumer Protection Act and its provisions related to medical
negligence. They are not able to get benefit from these provisions,
though the government and social organizations are trying to
popularize these provisions. Training programs must be organized
in the villages to make them aware of these provisions. Thus we
may say that the system of IEC needs strengthening at both levels
i.e. at the level of doctors and also amongst the patients. We may
even infuse values amongst doctors – the human values and the
moral uprightness. That will help in avoiding the conflicts resulting
from litigation and legal proceedings.
It will be imperative to organise the common sessions for
doctors as well as patients for developing proper understanding
about the Consumer Protection Act and its provisions related to
medical negligence. The joint sessions will be helpful in generating
interaction between the two warring groups. Further, the provisions
of Consumer Protection Act should be displayed prominently in all
the clinics, nursing homes, hospitals and Primary Health Centres
to increase awareness level of the patients about it. This will make
the doctors more careful, and the consumers aware of their rights.
The patients should also be made aware about the procedure to file
a complaint regarding medical negligence against the doctor. Most
of the consumers filing complaints are taking the help of lawyers,
which frustrates the intention of the policy-makers that the process
should be simplified and made easy.
In a nutshell we can say that the rights of the patients should be
explained properly to the patients under Consumer Protection Act.
Reflections on Consumer Protection 189
9
Health Insurance
– Can it reduce the
Vulnerability of the
Poor? An Explanatory
Study with Reference to
Rajiv Aarogyasri Health
Insurance Scheme of
Andhra Pradesh
L. Reddeppa
Introduction
In the emerging situation of rising health care costs, and in
the absence of a national health care scheme or a health insurance
scheme, many people are rendered bankrupt when faced with health
problems. This phenomenon is all the more serious in the case of
the poor sections of the society. In order to obviate this problem,
a health insurance scheme targeting the poor families known as
Aarogyasri Health Insurance Scheme (AHIS) with public and
private partnership is being implemented in Andhra Pradesh since
April 2007. The drawbacks in the system of public health care were
clearly pointed out in the Eleventh Five Year Plan (2007-12, P: 67).
The scheme provides financial protection of up to Rs.2 lakhs per year
for medical treatment for each family Below Poverty Line (BPL).
However, identification of BPL is not free from the criticism of
inclusion and exclusion errors in most of the welfare schemes. How
the AHIS scheme overcomes this problem needs to be investigated.
The rate of utilization of the scheme and the services, apart from
detailed awareness about the scheme entitlements is determined
by a number of other factors such as accessibility of hospitals,
Reflections on Consumer Protection 191
Methodology
The study is mainly based on primary data. As the scheme
was initially implemented in Mahabubnagar, Anantapur and
Srikakulam districts, the primary data was collected from these
three districts. From each district, two mandals with the largest
number of card holders were selected, and from each mandal, two
urban and two rural villages were selected. From the list of BPL
families, due representation was given to all the social groups SC
192 Reflections on Consumer Protection
all the stakeholders were good in more than 95 percent of the cases
both in public and private sector hospitals, with the exception of
food (82 percent).
Admission in the referral hospital should be immediate,
provided all the protocols and guidelines are followed. It was
observed that the admission was within 24 hours in 58 percent of
the total number of cases in the three districts taken together. These
cases were serious in nature and the doctors have given priority to
providing emergency treatment. There were also instances where the
patients purposely delayed their treatment in order to get admission
in the hospital of their choice. The data shows that 76.7 percent
of the patients have received treatment in private hospitals, while
23.1 percent have received treatment from Government hospitals.
The dependency on private hospitals was observed in all types of
treatments under Aarogyasri. The results from the study indicate
that patients prefer private hospitals due to availability of doctors,
nurses and other staff at times of requirement—even after office
hours; better maintenance of hospital in terms of cleanliness and
hygiene within the available space; friendly behaviour of the doctors,
nurses and other staff; better maintenance of medical equipment;
and promptness and responsibility of the staff and doctors in the
hospital. The hypothesis of an unholy alliance between the private
hospitals and the health workers, as they are the facilitators at the
ground level, in guiding the patients is rejected.
Conclusion
The results emerging from the study indicate that Government-
sponsored critical care with private partnership is not a rational
choice due to under (un) utilization of the public sector. The focus
on tertiary healthcare to the exclusion of all other forms of medical
Reflections on Consumer Protection 197
10
Development and
Assessment of Technical
Back Up for Consumers of
Textiles and Household
Durables
Neelam Grewal
Introduction
Consumers are the largest economic group that has an impact
on almost every public and private economic decision. They are
playing a pivotal role in the health of economy of country but face
many problems while shopping like spiraling pricing, substandard
and counterfeit products, adulteration, short measuring, misleading
guarantee/warranty, luring sale/discount offers, poor after sale
service etc. So it has become difficult for consumers to make
judicious choices and many times they fall prey to manufacturers/
retailers marketing mal-practices. Though government has set up
a well-defined mechanism and protection laws for consumers’
welfare, yet they continue to be cheated and victimized every day.
The problems of obtaining quality goods are on the rise in the
case of prepackaged commodities which cannot be inspected before
buying. Some companies/manufacturers producing quality goods
are going in for standardization and quality assurance marks such as
ISI, ISO, Agmark, Ecomark, Woolmark, etc. to safeguard consumers'
“Rights to Safety”. But a parallel line of such manufacturers is
also flourishing, who resort to imitation, duplicacy and fake marks
resembling the genuine ones, thereby cheating millions of ignorant
gullible consumers. Majority of Indian consumers are ignorant and
do not know the role of consumption viz-a-viz economic system.
Reflections on Consumer Protection 199
Objectives
• To gain an insight into the common business malpractices
prevailing in the market with respect to textiles goods and
household durables.
• To study the existing buying practices of consumers related to
these goods.
• To develop and administer an intervention package containing
technical back-up to empower consumers.
Methodology
The methodology adopted for conducting the research is
categorized under the following subheads:
1. Market survey
200 Reflections on Consumer Protection
Market Survey
A market survey was undertaken to gain an insight into the
prevailing frauds and business malpractices pertaining to household
textiles and durables. The tool used for the purpose included an
inventory. The information, thus obtained, has been supplemented
by observations of the researchers. The inventory was divided into
three parts: -
• Part I and II included questions related to textile goods and
readymade garments in terms of quality, care labels and marking,
malpractices carried out by the retailers and sale practices and
sales promotion techniques adopted by them.
• Part III include questions related to household durables in terms
of product specifications, pricing, sales promotion schemes,
quality of the product, guarantee/warranty, bill and installment
buying and other services provided.
Sampling Procedure
Purpose random sampling technique was adopted for selecting a
sample for the survey. Shops pertaining to textiles (running yardage),
readymade garments and household durables were purposively
selected to gain an insight into the common business malpractices
and frauds carried out by the retailers. Ludhiana and Moga districts
were purposively selected for conducting the investigation
In total 3 markets were surveyed from Ludhiana because it is
a city nearing metropolitan status, with a large number of markets
catering to enormous population. From Moga and other towns, the
main market which was the only choice has been taken. Five shops
each of textile running yardage, readymade garments and household
durables were surveyed from the selected markets. Thus, the total
number of shops surveyed were 150, comprising of 60 shops from
the two cities and 90 shops from the towns selected for the study.
Reflections on Consumer Protection 201
Sample Size
As mentioned earlier, Ludhiana and Moga districts were selected
for the study. Three towns and four villages from each district were
identified to select 30 respondents from each city, town and village.
A total of 480 respondents were interviewed.
were made in the schedule to get the valid responses and eliminate
ambiguity.
Preparation of VCD
A VCD containing a Punjabi skit on consumer empowerment was
prepared. It covered most of the aspects of consumer empowerment
that have been dealt within the technical backup booklets and the
intervention package. This VCD was shown to rural families during
Kisan Melas, Regional Kisan Meals and various trainings organized
by the Departments of Clothing and Textiles, Family Resources
Management and the Home Science personnel working at 19 Krishi
Vigyan Kendras in the state of Punjab to empower consumers.
Analysis of Data
The data collected during the two surveys was coded and
tabulated. The coded data was used to form appropriate tables
according to the specific objectives of the investigation. The impact
of intervention was also assessed to study the significant change in
the pre and post exposure tests scores of the respondents on the test
inventory.
Major Findings
Consumer Awareness
• Only 33.74 percent respondents were aware of the care labels
while 51.24 percent of the urban respondents were aware of the
brand labels.
• Awareness regarding certified labels was more among urban
respondents. The foremost reason for checking the labels was
to compare prices of the textile goods.
Reflections on Consumer Protection 207
Recommendations
Conclusion
From the results of present research study it is concluded
that sale of substandard, counterfeit equipment and textiles is
rampant in small towns and villages of Punjab. The poor villagers
are practically fleeced and looted as they do not have sufficient
knowledge about wise buying practices, standardization marks
and consumer protection services. Majority of rural people rely on
shopkeepers while making purchases and are subjected to cheating/
exploitation. Both urban and rural consumers are at receiving
end and at the mercy of suppliers of goods in the market. This is
not solely because of manufacturers and marketers, but more so
because of their own lack of awareness regarding the rights and
responsibilities as consumers.
210 Reflections on Consumer Protection
11
Designing a Structural
Model for Measurement of
Service Quality in Railways
and Hospitals with special
reference to Tamil Nadu
and Kerala States
S. Rajaram
Introduction
In order to survive in the business environment today, most
research places emphasis on service quality. Service quality is defined
as foundation of a comparison between customers’ expectations
and perceived performance of service providers. Customers’
expectations are defined as what customers want or desire, based on
their antecedent experiences with the firm. Customer expectations
compared with actual service performance results in the assessment
of quality that customers obtain from particular service providers.
The research analyses the inconsistency between customers’
expectations and their perceived service (performance) in specific
service like Hospitals and Railways.
The dimensions of service quality are tangibility, reliability,
responsiveness, assurance, and empathy. Outstanding service
quality can lead to favourable behavioural intentions, which may
result in improved customer retention (Zeithaml et al., 1996). By
analyzing information about a customer’s tenure, company is able
to forecast customer duration and whether the customer is likely
to stay loyal to the company or not. Customer retention could help
a company to increase its profitability and revenues as well as it
generates referred customers in the future.
212 Reflections on Consumer Protection
Statement of Problem
Statement
Various of Problem
research studies have shown wide gap between the customer expectation and perception with the
management and they
Various research are continuously increasinghave
studies trend in shown
the service wide
sectors likegap Railways
betweenand Hospital.
the
Many railway stations are in gross disrepair,
customer expectation and perception with the managementdirty, outdated and overcrowded, especially when compared
and
tothey
stationsare
in developed countries. sometimes
continuously increasingpassengerstrend are seenin on trains
the hanging
service out windows
sectors andlike
even
onRailways
the roof creating andsafety problems. The
Hospital. Many interiorrailway
of many train compartments
stations are are
in poorly
grossmaintained
disrepair, from
rust, dirt andoutdated
dirty, common wearand and tear. Given the politicalespecially
overcrowded, infighting, corruption
whenand compared
inefficiencies, it tois
understandable
stations in thatdeveloped
there are overcrowding,
countries. cleanliness and other maintenance
Sometimes passengers issues. Although
are seen accidents
on
such as derailment
trains hanging and collisions
out and are lesseven
common oninthe recentrooftimes, creating
many are run safety
over by trains, especially
problems.
inThe
crowdedinterior
areas. Indian Railways have accepted the fact
of many train compartments are poorly maintained that given the size of operations, eliminating
accidents
and inis anbad unrealistic
conditiongoal, anddue
at besttotheyrust,
can only dirtminimize
and the accident rate.wear
common Humanand error tear.
is the
primary
Given cause,the
leading to 83 percent
political of all train accidents
infighting, in India. and inefficiencies, it is
corruption
While accident rates are low
understandable – 0.55
that accidents
there areperovercrowding,
million train kilometre,cleanliness
the absolute number andof other
people
killed is high because ofissues.
maintenance the large number
Although of peopleaccidents
making use of the such network.
as While strengtheningand
derailment and
modernization
collisionsof railway are less infrastructure
common is in progress,
in recent much oftimes,
the network still usesare
many old signalling
run over and has
by
antiquated
trains,bridges. Lack of funds
especially in iscrowded
a major constraint
areas. for speedy
Indian modernization
Railways of thehasnetwork, which is
accepted
further
the hampered
fact that by given
diversion theof funds
sizemeantof for infrastructure toeliminating
operations, lower-prioritizedaccidents
purposes due tois
political compulsions. goal, and at best they can only minimize the accident
an unrealistic
Arate.
hospital,Human
in the modernerror sense,isisthe
an institution
primary for health
cause, care providing
leadingpatient to 83 treatment
percentby specialized
of all
staff and equipment,
train accidents and inoften, but not always providing for inpatient care or longerterm patient stays.
India.
Today, hospitals
Whileareaccidentusually funded by theare
rates publiclowsector,– by0.55healthaccidents
organizations per(for profit or non-profit),
million train
health insurance companies or charities, including by
kilometre, the absolute number of people killed is high because direct charitable donations. Health is wealth. The real
benefit of any wealth is realized by the society if
of the large number of people making use of the network. While only there is health. Hence, it is emphasized upon to
improve the health status of people at each level along with all the efforts to increase the income of the
country.
Accordingly, technological advances, improvement in the access to and utilization of health services in the
country are given due consideration in our health policies. In fact, India has built up a vast health
infrastructure and manpower. However, the extent of access to and utilization of health care services varied
substantially between states, regions and society. The variation with the service sectors’ Service Quality
214 Reflections on Consumer Protection
Purpose of Research
Service quality is a considerable part of business, so it is
important to measure its effectiveness properly and correctly. This
study was conducted in selected states of Tamil Nadu and Kerala. The
purpose was to identify SQ dimension, which is the best predictor
of Overall Service Quality. The individual SQ factors that influence
customers’ quality perceptions as well as relative importance of
these influencing factors and weighting are the source of their service
quality perceptions. As a step towards increasing manageability of
service quality, research herein considers the efficiency of (1) service
quality dimensions and (2) expectation – perception gap analysis as
two techniques for operationalizing service quality so that it can be
better understood, specified, measured and finally improved. It is
important to note that most published works on quality have come
from practitioners’ sources and only recent interest from academic
researchers. In addition, most of the works by both practitioners
and academicians have concentrated on understanding “goods”
quality rather than “service” quality. The intent of this study was
to contribute to the development of a process to operationalize the
service quality constructs.
The research evaluates customer experience and performance
level in relation to the antecedents of behavioural loyalty.
Behavioural loyalty is evaluated in relation to customer loyalty,
willingness to pay more, non-switching to competitor and positive
response towards the problem response. Customer satisfaction is
evaluated in relation to the antecedents in the selected service sectors
performance and service quality. The research provides an empirical
evaluation of the relationships among the individual service quality
dimensions of service sectors performance, customer satisfaction
and behavioural loyalty. This research seeks to identify measures
that can be used in industries for the purpose of assessing customer
service effectiveness. This research is very useful for the decision
makers who will further improve services to their customers and
Reflections on Consumer Protection 217
Research Question(s)
In particular, the impacts of service quality, customer satisfaction
were investigated to identify their effect on future behavioural
intention. This research addresses the following questions:
a. How to identify the impact of demographic variables on the
service quality measurement of RATER dimensions (Reliability,
Assurance, Tangible, Empathy and Responsiveness) in the
selected service sectors like Railways and Hospital?
b. How the service gap is determined among the perception and
expectation level of customers in the Hospital and Railways
sector?
c. Explain the relationship between customers’ evaluation of
overall service quality and discrepancies between customers’
perception?
d. Which of the service quality dimensions are the best predictors
of overall service quality in the Railways and Hospital sectors?
e. How the impact of behavioural intention towards service quality
dimensions and customer SAT (satisfaction) in the Hospitals
and Railways sectors can be determined?
f. How a structural service model can be designed for determining
the customer linkage between customer behaviour, service
quality and overall satisfaction of the customers in Hospital and
Railways sectors?
Research Design
An explanatory research design was used to answer the research
questions and to test the hypothesis in this study. The design
has examined the relationships among specific service industry
customers’ socio-demographic variables, customer perceptions
and expectations of service quality dimensions emphasizing the
customer retention which are examined by behavioural intention
of customers. Behavioural intention is measured using questions
from the Behavioral-Intention Battery developed by Zeithaml,
Parasuraman and Berry in 1996. Independent variables are
customers’ perceived service quality and expectations of service
providers.
Reflections on Consumer Protection 219
Research Area
In the present study, the primary data was collected from
selected districts of Tamilnadu and Kerala states. From Tamil Nadu,
eleven largest districts out of 31 districts were selected; which were
Ariyalur, Chennai, Coimbatore, Cuddalore, Dharmapuri, Dindigul,
Erode, Kanchipuram, Kanyakumari, Madurai, Thanjavur, Nilgiris,
Thoothukudi and Virudhnagar. In Kerala state, there are 14
districts. Out of which 5 districts were selected for the research
which were: Ernakulam, Kottayam, Kozhikode, Thrissur and
Thiruvananthapuram.
Findings
Conclusion
The researcher has shown that the applicability of HOSPQUAL
/ RAILQUAL scale across the Hospital and Railways sector is still
open. This research re-affirmed the applicability of SERVQUAL
provided that the scale is appropriately customized. It also provided
additional knowledge on the dimensionality of the HOSPQUAL /
RAILQUAL metric. The research has confirmed previous research
findings on the causal relationships among service quality, customer
satisfaction and customer loyalty. Further, the study is appropriately
extended to examine these links at the level of service quality
dimensions on customer satisfaction and behavioural intention
dimensions.
The findings that all dimensions of service quality do not
equally influence customer satisfaction as a contribution to the
existing knowledge on the impact of service quality to customer
satisfaction. The causal relationship ‘customer satisfaction’
‘behavioural intention’ is also confirmed. The finding of this study
that word of mouth is an antecedent of behavioural loyalty and that
customer satisfaction have a direct effect on the latter, offers support
for comparable findings that appeared in the literature (Luarn and
Lin, 2003; Bandyopadhyay and Martell, 2007). This research is
built on previous findings on the relationships of service quality
with customer satisfaction and behavioural intention of customers.
It has examined these relationships under a new perspective that
associates the importance of service quality dimensions.
Further, this study associates the importance of service quality
dimensions with the strength of their relationships with customer
satisfaction. Hence, a wide variety of industries will be benefitted
by replication of this study. The conclusions from this study are
valuable on a number of accounts. The empirical study is taken
to explain service quality and customer satisfaction which are the
most important determinants for the service sectors. The study
produces important conclusions and challenges on long established
assumptions on the identity and homogeneity of domestic markets.
222 Reflections on Consumer Protection
References
1. Zeithaml, Berry and Parasuraman (1996). Testing the Factor Structure of
the Behavioral-Intentions Battery: An Empirical Study of the Australian
Banking Industry. ANZMAC 2002 Conference Proceedings, 2901-2907.
2. Zeithaml, VA, Berry, l.l. & Parasuraman, A. (1988). Communication and
Control processes in the delivery of service quality, Journal of Marketing,
52(2), 35-48.
3. Luarn, P. and Lin H-H. (2003). A customer loyalty model for e-service
context. Journal of Retailing, 82 (4), 367-377
4. Bandhpadhyay, S. & Martell, M. (2007). Does attitudinal loyalty
influence behavioural loyalty? A theoretical and empirical study. Journal
of Retailing and Consumer Services, 14, 35-44
Reflections on Consumer Protection 223
12
Working towards a
Conscious and Efficacious
Citizenry and Responsive
and Responsible State and
the Market: An Impact
Evaluation of the Consumer
Protection Act on the
Awareness and Attitudes of
the Consumers in Delhi
Rajvir Sharma
Introduction
Consumer and his interests have been attracting the attention of
the lawmakers, the administrators and the civil society institutions
all over the world in view of the increase in (a) the number and
variety of goods and services available; (b) size and complexity of
production; (c) the level of sophistication in marketing and selling
practices and in advertising apart from the reduction in personal
interaction between buyers and sellers. A number of laws were there
in the statute book of India having an implication for the protection of
consumer rights and interests like the Indian Contract Act, the Sale
of Goods Act, the Dangerous Drugs Act, the Agricultural Produce
(Grading and Marketing) Act, the Indian Standards Institutions
(Certification Marks) Act, the Prevention of Food Adulteration Act,
the Standards of Weights and Measures Act etc. The consumers
were, however, handicapped to get speedy justice as they could file
only civil suits under these laws, disposal of which took quite a long
time.
224 Reflections on Consumer Protection
Locus of Research
The study was first conceived for the whole of the national capital
territory of Delhi that was later delimited to the South and North-
West Districts of Delhi. Delhi and the specified areas therein were
226 Reflections on Consumer Protection
Research Methodology
The study was carried by employing survey method of research.
The selection of respondents was done on the basis of purposive
random sampling. The respondents were chosen from the targeted
groups from different social strata inclusive of the gender, income,
occupation, education and age. The respondents were divided, for
instance, into middle income group/class, low income category
from the unauthorized or rehabilitation colonies. Occupationally the
sample consisted of teachers, self-employed persons, and employees
in government and private organizations. It may be stated here
that the researcher first applied a pilot survey method to know the
feasibility of the acceptability and understanding of the questions
by the respondents. The pilot study was done on around 30 persons
of different categories and it was found that the medium of the
questionnaire has to be both English and Hindi. Moreover, the size
and nature of the questionnaire and questions were recast in view
of the experience in the field. Again, it was with great difficulty
150 complainants pursuing their cases in the District Consumer
Forums agreed to fill the questionnaire after assurance that the
questionnaire would not have any implications for their case. This
tendency of avoiding the filling up of questionnaires was reported
from the field also.
The total sample included 200 teachers from the government
and private schools, 200 self-employed persons mainly from the
vllages and the unauthorized colonies, 100 employed persons, 150
Reflections on Consumer Protection 227
the consumer rights on a bigger scale but also the place and
procedure of grievance redressal.
2. It is needed that the number of members in the forum be raised
or should be fixed after the review of the average complaints
being filed in the respective forum in a year. Moreover, the
forum should come prepared and thorough with the cases to be
heard by them on a particular day.
3. The procedure needs to be made more simple and accessible
to the consumer/complainant. The physical facilities and
manpower need to be strengthened for faster disposal of cases
and consumer friendly environment.
4. The role of educational institute like schools/colleges receiving
funds from govt. sources should be regularly monitored and
evaluated to assess the impact of the programme.
5. It would be desirable to examine the feasibility of banning
the legal practice by the advocates in the consumer forums,
especially at the district level. Presently, lawyer is engaged
because the complainant is generally unaware of the legal
issues involved, preparation of the complaint and the affidavit.
Besides, the references to the judicial precedents relevant to the
case are required to win the case which the litigant is not aware
about. This further necessitates the employment of an advocate.
6. There is a need to restrict the number of adjournments to
provide speedy justice to the complainant.
7. If the case is listed for final arguments, attendance of the
members, except emergency, could be made mandatory at such
stages to avoid delays in the final decision of the cases.
8. It is necessary to provide sufficient, competent and committed
staff as well as adequate physical infrastructure at the District
Forums.
9. Since consumer education is a very significant part of consumer
rights and their protection, it is required to strengthen the
consumer awareness programme further by involving and
monitoring the NGOs and the media on a larger scale in the
dissemination of consumer education. It is also necessary to
impart consumer education at the senior secondary level and
in the colleges regularly by setting aside at least 10-15 hours in
Reflections on Consumer Protection 231
13
Medicine Quality: Do the
Brand Matters?
Banhi Chakarborty
Introduction
India’s pharmaceutical market is ensuing with a bright future.
As per MCkensy’s report (Kumra, Palash Mitra, Chandrika
Pasricha, 2012) India’s market by 2015 will grow to US $ 20 billion
occupying a place within 10 top pharmaceutical markets. It was
also forecasted that therapy mix will continue to grow together
with anti-infective and gastro-intestinal drugs and these together
will cover 50 percent of the total market by 2015. Such a market
situation raises hopes in common people who thinks that India is
progressing where availability of medicine will not be a problem.
However, researches conducted to the contrary, indicate that market
flourishing was not considered as enough guarantors for ensuring
availability to the common consumer. Nevertheless, market ensures
enough availability only for those who have affordability (Tripathy
et al, 2004). The real situation, if compared with other countries,
India’s health expenditure arrived as the lowest one among all the
OECD countries. As per OECD report 2012, it was 4.1 percent of
GDP (calculated based on per capita purchasing power parity) of the
country in 2010 against approximately 9.5 percent for other OECD
countries in the same year. Even it is lesser than Sri Lanka, China
and Thailand (Economic Bureau, 2012). The consequences of low
expenditure by India has further been reflected on the lower life
expectance (64.8 years) than that of other OECD countries (79.8
years).
It was observed that in the absence of sufficient investment from
public sources, people need to pay nearly two-thirds of expenditure
from their own pocket (OOP) on health (2004-05), while, however,
234 Reflections on Consumer Protection
it is not uniform all over the country. A clear cut division exists,
which was 62 and 32 percent in case of rural and urban people
respectively during 2004-5 (National Health Accounts, 2009). The
quintile distribution, as per economic slabs further shows that out-
of-pocket expenditure tends to rise with the economic position both
in rural and urban areas of India (Garg and Karan, 2008; NHA
India, 2009), and differences varied over the states ranging from
2 percent to 7 percent. In terms of accessibility to health facilities,
combining both public and private centres, it is 80 percent of the
population, of which only 20-25 percent availed public health
facilities (TNMC, 2011); while in Tamil Nadu, which is said to be the
best service provider state in terms of medical facilities including
drug distribution, it is only 40 percent. However, in the Twelfth
Plan, inter-alia, one of the visions is to enhance the availability of
and accessibility to drugs through increased affordability. Hence,
it is targeted to raise the figure at 52 percent for all the states with
the help of National Urban Health Mission (NUHM) and National
Rural Heath Mission (NRHM) under the holistic approach of
National Health Mission 2005, including hitherto those outside the
accessibility zone (Planning Commission, 2012). It is irony that
in-spite of Government’s commitment to provide adequate health
care through NHM 2005 (MOHFW, 2007) weaknesses exist in the
system itself both for rural and urban areas. Provisioning of care
through medical intervention team, targeting for interventions on
all serious diseases, primary infrastructure facilities are some of the
major strategies of NHM (MOHFW 2011), but adequacy in disease
remedial medicines, was somehow not considered as one of the
core responsibilities. This, indeed, weakens the goal of the overall
programme in reality. Severity of the problem due to high OOP is
understood to have implications on furthering poverty that instigate
the health complications and morbidity pattern more in perpetuity.
India’s fast growth pace of the pharmaceutical industry
accompanied with rising prices of medicines have not eased out
the accessibility for common people, and has created a situation
of contradictions. Considering this situation, Government’s policy
options for health sector, so far taken up, apparently appear as
inadequate in tackling all the related segments in holistic manner.
To understand the implications of such contradictory situation
and it’s consequence on the availability, it appears relevant to deal
Reflections on Consumer Protection 235
period increased only from 1.34 percent to 4.50 percent and from
0.77 percent to 4.01 percent respectively for domestic and foreign
companies operating in India. On the contrary if the growth rate in
fixed assets and share in R & D are compared, the performance of
the foreign firms show much steady trend over the years than those
of the domestic companies, although domestic firms having much
greater fluctuations over the years, but could achieve much higher
values than the earlier one (Figure 1 & 2 ).
Fig. 1: Growth of Figure.
Fixed Assets & Share of
Figure. 11
Growth of R
Fixed& D Expenditure
Assets & Share of R :&Domestic
D Companies
Expenditure
Growth of Fixed Assets & Share of R & D Expenditure :: Domestic
DomesticCompanies
Companies
Growth of
Growth ofFixed
Fixed
Assets of
Assets ofDomestic
Domestic
Companies
Companies
% Share
Share of
ofRR&D
&D
Expenditure
Expenditureof
of
Domestic
DomesticCompanies
Companies
Source
Source
Source :: Bulk
Bulk
: Bulk Drug
Drug ManufacturersAssociation
Drug Association(India),
Manufacturers
Manufacturers (India), 2011.
2011.
Association (India), 2011.
Fig. 2: Growth ofFigure.
Fixed22Assets & Share of
Figure.
R &
Growth of Fixed D Expenditure
Assets & Share of R:&Foreign Companies
D Expenditure : Foreign Companies
Growth of Fixed Assets & Share of R & D Expenditure : Foreign Companies
Growth of Fixed
GrowthofofForeign
Assets Fixed
Assets of Foreign
Companies
Companies
% Share of R &D
% Share of Rof&D
Expenditure
Expenditure
Foreign of
Companies
Foreign Companies
204
240 Reflections on Consumer Protection
(b) The limit of profit margin exceeds the stipulated level as per
DPCO norm i.e. 10 percent and 20 percent respectively for
wholesalers and retailers for non-DPCO drugs.
(c) Huge differences exist between retail and tender prices as well
as between wholesaler and bulk-purchaser (as per documents
related to Price Structure submitted to BCDA for approval by
different Companies; Tamil Nadu Medical Services Corporation
(TNMSC) and CDMU, West Bengal. In addition, there is price
incentives for the retailers, which are usually offered by the
wholesalers a discount at the rate of 5 to 7 percent depending
on the level of competition in the wholesale market.
Analysing the situation of distribution system it appears that no
generalisation is possible as the states vary widely in procurement
decisions which further induces price variations. Although Drug
Price Control, act as sanctioning authority for release of medicines
in the market, the entry of medicines in the state depends on the
Carrier and Forwarding Agencies appointed by the manufacturing
houses mainly or super-stockists, selected by the companies.
Ultimate price the consumer pays, therefore, lay on a long and
complicated chain.
line media publication (2013), declared that it will carry out the
awareness programmes.
The general perception regarding quality is still not clear
(Singhal, G. l et al, 2011). However, the policy approaches generally
rules the price factor as the deterministic criterion of quality only
and that too is based on leading manufacturers’ products’ prices.
On query it was known that some companies seek the strategies
of greater return through wider market coverage by maintaining
lower margin while some strategically concentrate in few products
of higher MRP specially those which are essential for certain acute
therapeutic segments having higher market return. Irrespective of
strategic differences, the prices of medicines in general are much
higher for which a significant portion of the total consumption
expenditure of the people goes out of their own pockets. Though
this is very common for almost all developing and poor countries,
India’s condition is nothing better. Meagre amount of public
expenditure (public share) is not more than 1 percent to total health
expenditure share of GDP which is much below in comparison
to other comparable countries (NHA, 2004-05) has no doubt
contributed in such impinging conditions.
Results
Brand Variations and Price Relationship : In fact the top
selling brands which are very few in numbers but together covered
more than 60-80 percent of each market while there are few which
are very much scattered and concentrated in very few pockets only.
Moreover, in case of DPCO drugs in the anti-infective segment, the
costly brands are more prevalent than the other trade names of the
same group. Examples in this respect are Althrocin (Erythromycin),
Ciplox (Ciprofloxacin), Calaptin (Verapamil), Aceten (Captopril) all
belong to controlled group but are costlier than the other brands
in their groups. The manufacturers of these drugs respectively are
Alembic, Cipla, Nicholas Piramal and Wockhardt which are now
among the top-ranking pharmaceutical industries, having market
shares ranging between more than 5 percent to 18 percent or even
more. Examination of price-brand variations may help in justifying
the brand-price equation further.
Considering overall situation or aggregate of all areas it was
observed that almost, all the drug markets are flooded with a
number of brands which grossly vary in sizes in terms of their
market existence as well as in prices. In this respect prescribers’
preferences provide enough justification where for each brand,
preferences varied from minimum of 20 percent to more than 100
percent.
The covariance of inter-brand differences in availability and
related price differences, however, did not show any systematic
trend only except four drugs i.e. Ofloxacin, Cefotaxim, Ceftriaxone
and Livofloxacin among antibiotics and Atorvastatin of anti-
lipid drug where price variations were significantly higher than
their inter-brand variations in availability. At this juncture two
major issues emerged- (i) localization tendency of the companies
according to market openness in order to capture the new areas to
eke out maximum return and (ii) the sharp competitiveness among
the companies allowing only for few dominant brands to occupy the
250 Reflections on Consumer Protection
also added to the variations. The sample sizes for all the drugs varied
between 20 to 24, 20 being the minimum required quantity. The
size has to be kept minimum considering the budgetary constraints
(due permission of the testing centre was obtained) as the work
was part of a public funded sponsored project. The test was done
at M.S. Ramaiah Drugs and Allied Products Ltd., Bangalore- the
ISO accredited testing laboratory. Each sample consisting of two to
three/four strips (depending on the number of tablets in each strip)
were purchased having same batch number in order to rule out the
possibility of difference in assay. The test was carried out according
to the prescribed methods in the Indian Pharmacopoeia, 2010 as per
the standards laid down in the Drugs and Cosmetics Act, 1940 and
the Rules 1945.
Following tests were performed :
Results
The results shows that all the medicines comply the required
252 Reflections on Consumer Protection
specific norm with ± 10 percent in all the assay tests while for
dissolution all the samples satisfy the standards having dissolution
values more than the required specific amounts.
The most significant observation in this regard is full compliance
of the generic variety, in some cases even, the result show much
higher values for the generic variety than the branded substitute
which determines comparative superiority of generic variety.
Examples in this regard are Erythromycin, Ciprofloxacin, Ofloxacin,
Atorvastatin, Pantoprazole and Metronidazole, Paracetamol which
inspite of their much lower prices proved to be much superior.
In explaining brand-price relationship, parity between price
variations in relation to brand variations though can be substantiated
but no significance in observations could be drawn because of
smaller size of the samples. However, as the performance of the
cheaper brands in all the tested drugs also show equally favourable
results, the price-worthiness claim of the higher-priced brands also
cannot be sustained. More striking is the examples of two brands
of Paracetamol - Crocin and Calpol, both are the product of Glaxo
Smith Kiln (GSK) and also comply the standards but differ in prices
by more than 13 percent from each other, Calpol which is produced
by GSK in it’s factory, is cheaper one while Crocin is outsourced to
Remidex Pharma Pvt. Ltd., is costlier one. This perhaps indicates the
cost recovery by the industries in general either through outsourcing
for marketing or for processing whichever comes cheaper.
Discussion: Based on the above observations it can be surmised
that price of medicines is no way a determinant in justifying the
quality rather it is the myth that is being utilized by the industries
in favour of their business interest. The study of this kind first
undertaken by Singal et al. 2011, who examined five pairs of drugs
comprising generic and branded varieties, is further justified by
these observed results here. However, the present study was little
ahead of the earlier scholar because of it’s inclusion of those drugs
prescribed by the doctors (based on patients’ survey and also the
propensity of market concentration by different pharmaceutical
companies in the selected case study areas).
Results obtained so far has enabled the study to focus certain
relevant issues for discussion.
(i) Huge inter-brand price differences ranging from more
than 50 percent to more than 100 percent respectively for
Reflections on Consumer Protection 253
Conclusions
In concluding, it may need to be emphasized that Government
must take initiative to relook at medicines as an integral issue related
to health. India’s low Human Development Index (HDI) which is
136 among 186 countries (UNDP, 2013) points towards overall
health insecurity only and rectification of the index in no way
possible to materialize unless the drug as the only disease-remedial
measure can be made easily available at reasonable cost. Major
flaws lies in Indian economic policy in dealing pharmaceutical
sector under industry and commerce while treating it with health
exclusively under Ministry of Health & Family Welfare. As an
obvious reason of considering pharmaceutical production on
industrial approach, policies related to growth generating factors
for industrial production are obviously made equally applicable for
pharmaceutical production also. Hence, the present strategy of GDP
enhancing priority requires correction in policy shifting to health-
saving prioritisation instead.
Therefore, Government of India must make it a point, that
success of Million Development Goal i.e Health for All by 2000
AD which is still far away to achieve even in a slightest possible
manner if the sector concerned with drugs is not dealt separately
with due care for making it available and accessible within means of
common people. In fact, concern for rational drug policy is involved
with much larger perspective where complete medication is as
essential as to keep the country free from irreversible damages due
to spread of drug resistant bacteria. Recent incidences of malaria,
Chickungunia, Dengi/dengue and resistant variety of TB are the
258 Reflections on Consumer Protection
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Reflections on Consumer Protection 259
Consumer Protection
The Indian Institute of Public Administration, established as an autonomous body
under the Registration of Societies Act, was inaugurated on March 29, 1954 by Shri
Jawaharlal Nehru who was also the first President of the Society. 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
Case Studies
government and other public service organization. The activities of the Institute are
organized in four inter-related areas of Research, Training, Advisory and Consultancy
Services and Dissemination of Information.
CENTRE FOR CONSUMER STUDIES
CCS is dedicated to consumer studies and is sponsored by DCA, GoI. The objective of
the CCS is to perform, facilitate and promote better protection of consumers’ rights
and interests with special reference to rural India. The broad areas of focus of the
Centre comprise capacity building, advocacy, policy analysis, research, advisory
and consultative services, and networking.
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. The Centre provides 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 institutions, economic and social development organizations as
well as leading NGOs.
Editors
Suresh Misra
Sapna Chadah