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2/3 of spending in the world $30 trillion) economy ($30 trillion is by consumers. Yet they have no voice!
New Economic Policy floods market with productsYe Dil Ye Maange Moretoo little More information for informed choice.
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15 March 1962: US President Kennedy introduced the revolutionary notion of rights for consumers to the US Congress:
"Consumers, by definition, includes us all. They are the largest economic group in the economy, affecting and affected by almost every public and private economic decision. But they are the only important group whose views are often not heard.
UN Guidelines (contd.)
(f) Encourage Business Chambers to resolve consumer disputes through advisory services & informal complaint handling mechanisms; (g) Freedom to form groups & present views in decision-making affecting consumers; (h) Promote sustainable consumption patterns.
Who is a Consumer?
Any person (firm, HUF, co-operative, association) who buys any goods or hires any service (fully or partly paid for). NOT goods or services obtained for resale or for any commercial purpose (except self-employment). NOT any service free of charge or under a contract of personal service.
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DIRECTOR
JOINT & DEPUTY DIRECTOR
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1 per middle, high, higher secondary schools. Each club to have 50 members under 1 teacher. Meet monthly. Raise own resources through membership fee, exhibition-cum-sale of posters, cards, paintings, consumer rights festivals with entry fee, souvenirs. Organize consumer awareness & protection programmes (competitions for street plays, essays, letters, posters, quiz contests). Observe World Consumer Rights Day & National Consumer Day.
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Impact assessment studies, Evaluation of functioning of District Forum (finish in 1 year): Rs.50, 000 per district. Evaluate working of VCO: Rs.20,000. Organise Consumer Rights Festival in college: Rs.1 lac for Seminar, Workshop, Conference, Exhibition, Competitions-debate, essays, painting. Research for consumer protection within Rs.5 lac.
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Resolving Complaints
Only state to introduce Web-based Webresolution of consumer grievances through mediation. Since inception (31 July 2002) 352 complaints have been resolved without recourse to Consumer Fora. First State to introduce manufacture of new peg measure of 60 ml (1 peg) and 30 ml (1/2).
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Consumer Clubs
Only State Government Department acting as coordinating agency for Consumer Clubs in schools. Result of a policy change by Govt. of India on account of our initiative. 948 Consumer Club proposals covering all districts sent to Govt. of India for sanction within a few months of the scheme being announced.
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PROACTIVE
Most proactive Consumer Website of Government launched on 31 July 2001 (http://kolkata.wb.nic.in.consumers). Any Grievance Box entry or e-mail complaint is responded to within 24 hours. Newspapers are scanned and consumer complaints taken up. 352 resolved so far (consumer goods, post & telephone, consumer electricity, gas supply, medical negligence, educational institutions, NBFC).
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Proactive
W.B. Consumer Protection Rules in 1987 prescribed time-limit of 90 timedays for decisions and prohibited more than one adjournment adjournment. In March 2003 these provisions were incorporated in the central C.P. Act.
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E-GOVERNANCE
Only in W.B. the State Commission and all the District Fora have been computerised and have full-time members. Each Forum
Monthly returns sent by e-mail of cases, district consumer awareness activities & LM revenue collection for evaluation.
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Benefits
No lawyer or agent is necessary for filing complaint or to make submission. If due to lawyers conduct consumer suffers, it is a deficiency in service open to redress. Nominal fees payable as per table below. No charges for despatching notices to opposite parties etc.
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Fees payable
District Forum Value and compensation claimed Upto Rs 1 Lakh Rs 1 lakh & above but < Rs 5 lakh Rs 5 lakh & above but < Rs 10 lakh Rs 10 lakh & above but < Rs 20 lakh Fee Rs 100 Rs 200 Rs 400 Rs 500
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Benefits
Every complaint shall be heard and disposed of within 90 days (150 days in case of lab test) from the date of receipt of notice by the opposite party. No adjournment shall ordinarily be granted. If granted, reasons to be granted recorded.
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Redressal a Consumer May Seek Removal of defects in goods or deficiency in services. Replacement of defective goods. Refund against defective goods or deficient services. Compensation. Prohibition on sale of hazardous goods.
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ISI MARK
1. This guarantees quality of every batch in production process (use of components, testing standard of product, in-process checks, qualified technical personnel). 2. ISI licence is granted by the BIS for 1 year only and performance of manufacturer is monitored before renewal.
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HALLMARK for GOLD ornaments: licence granted to manufacturer on meeting IS-1417 for purity
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What is HALLMARK
Jewellery is hallmarked from a BIS recognised Assaying & Hallmarking Centre (A&HC). 5 compulsory symbols make Hallmark:
BIS logo. Fineness in millesimal number. Assaying & Hallmarking Centres mark. Year of marking (A = 2000). Logo of BIS certified jeweller/manufacturer.
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HALLMARK indicates the jewellery conforms to the marked fineness of gold content. DONT trust Karat meter which tests only surface fineness
958 = 23 carat 916 = 22 carat 875 = 21 carat 750 = 18 carat 585 = 14 carat 375 = 9 carat
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Consumer check~
AG mark on the pouch/ container for purchase of pulses, rice, wheat, flour, edible oil, ghee, butter, honey, spices etc.
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BUY ONLY
FPO mark on the container or packages of processed food or agricultural produces (jam, jelly, sauce, fruit juice, pickles etc.)
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CHECK
MFPO-73 mark on canned meat or fish.
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ECOMARK 1991
Every consumer product we buy has an impact on the environment. It is important to know which ones have less impact to improve the quality of the environment and to encourage sustainable management of resources.
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In a Shop CHECK~
Verification Certificate of ILM must be displayed prominently in all shops using weights/measures.
A weighing balance not of metal and without pointer is illegal. It does not display the illegal correct weight. Every weight has to be stamped on the reverse with the last two digits of the year (e.g. 03 for 2003) & the unit no. of the Inspector. Refuse non-standard weights like stones, iron pieces etc. and if the lead filling is missing on reverse reverse.
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On electronic weighing instruments the verification seal is on a plate fixed to it. Weight of tray not to be included with veg/fruit bought.
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L.P.G.
Check the weight of the cylinder with the spring balance available with the distributor or the delivery man. The net quantity is 14.2 kg while the empty cylinder weight is 15 to 17 kg. If you take delivery from the distributors store you pay Rs.8/- less. Rs.8/- less
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P.O.L.
Fuel Stations must display conspicuously a verified 5 ltr. can by which you can check the quantity of the actual supply. Totaliser is mandatory for every fuel station to check accuracy of dispensing unit. The Anti-Adulteration Cell will check any complaint regarding spurious P.O.L.
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Kerosene Oil
Check ILMs verification on the measure and the bottom that should have no cut mark or dent or re-welded. Ensure measure is filled to the top hole. There should be no lather in the drum or measure. Ensure there is no wax or sponge in the measure.
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Insurance Council
The Insurance council comprises of members of the Life Insurance Council and General Insurance Council formed under Section 40 C of the Insurance Act, 1938. Its governing body consists of representatives of insurance companies. It issues orders of appointment of the insurance Ombudsman on the recommendations of the committee comprising of Chairman IRDA, Chairman LIC, Chairman GIC and a representative of the Central Government.
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Insurance Ombudsman
The institution of Insurance Ombudsman was created by Govt of India for quick disposal of grievances of insured customers and to mitigate their problems involved in redressal of those grievances. An Insurance Ombudsman is appointed regionally to attend to complaints relating to Insurance. For West Bengal, Bihar, Jharkhand, Andaman & Nicobar Islands, Sikkim he is located at: North British
Bldg. 29, N.S.Road, 3rd Flr, Kolkata-1. Ph: 22212666 / 22212669, Fax: 22212668.
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Power of Ombudsman
CONCILIATION: can receive and consider complaints from any person on any grievance against an insurer: (a) any partial or total repudiation of claims by the insurance companies; (b) dispute with regard to premium paid or payable in terms of the policy; (c) dispute on the legal construction of the policy wordings relating to claims; (d) delay in settlement of claims and (e) non-issuance of any insurance document to customers after receipt of premium.
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Ombudsmans Powers
Restricted to insurance contracts of value not exceeding Rs. 20 lakhs. The insurance companies are required to honour the awards passed by an Insurance Ombudsman within three months months.
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Lodging a Complaint
In writing addressed to the Insurance Ombudsman of the jurisdiction under which the office of the insurer falls. The complaint can also be lodged through the legal heirs of the insured.
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2. The complaint is not made later than one year after the insurer had replied. 3. The same complaint on the subject should not be pending with before any court, consumer forum or arbitrator.
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AWARD
The ombudsman shall pass an award within three months from the receipt of the complaint. The awards are binding upon the insurance companies. If the policy holder is not satisfied with the award of the Ombudsman he can approach other venues like Consumer Forums and Courts of law for redressal of his grievances.
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Doctors Obligations
[The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002]
The prime object is to render service to humanity; reward or financial gain is a subordinate consideration. A Physician should:~ Be an upright man, instructed in the art of healing; keep himself pure in character and be diligent in caring for the sick; Be modest, sober, patient, prompt in discharging his duty without anxiety; conduct himself with propriety in his profession & in all actions of his life; Give priority to the interest of patients. Be characterised by Patience and Delicacy.
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During registration, the applicant shall read and agree to abide by the following declaration:~ DECLARATION 1) I solemnly pledge myself to consecrate my life to service of humanity. 2) Even under threat, I will not use my medical knowledge contrary to the laws of Humanity.
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3) I will maintain the utmost respect for human life from the time of conception. 4) I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient.
5) I will practice my profession with conscience and dignity. 6) The health of may patient will be my first consideration. 7) I will respect the secrets which are confined in me.
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DECLARATION (contd.)
8) I will give to my 11) I shall abide by the teachers the respect code of medical and gratitude which ethics as enunciated is their due. in the Indian Medical Council 9) I will maintain by all means in my power, the honour and noble Regulations 2002. traditions of medical profession. I make these 10) I will treat my colleagues will all respect and dignity.
(Professional Conduct, Etiquette and Ethics)
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Doctors Obligations
Must exhibit registration number in the chamber & on the receipt/prescription/ certificate issued to the patient. In govt. hospitals with heavy patient-load the name of the prescribing doctor must be written below the signature. Display in the chamber the professional fees charged. Announce his fees before rendering service and not after the operation or during treatment.
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Obligations of a Physician
Expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct by members of the profession. Not employ in connection with his professional practice any attendant who is neither registered nor enlisted under the Medical acts & not permit such persons to attend, treat or perform operations upon patients wherever professional discretion or skill is required. Consider it a pleasure and privilege to render gratuitous service to all physicians and their immediate family dependants.
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A Physician should:~
Be ever ready to respond to the calls of the sick and the injured. Endeavour to add to comfort of the sick by making his visits at the hour indicated to the patient. Not arbitrarily refuse treatment to a patient. Once having undertaken a case, he should not neglect the patient, nor withdraw from the case without giving adequate notice to the patient and his family.
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Documentation
A medical prescription should carry legibly the generic name & the brand name of the medicine prescribed to a patient. All drugs prescribed by a physician should always carry a proprietary formula and clear name. While referring a patient to a specialist, the attending doctor must forward his provisional diagnosis and prescriptions to the consultant. The consultant shall send his opinion in writing back to the attending doctor. Utmost punctuality should be observed by physicians in making themselves available for consultations. In consultations, no insincerity, rivalry or envy should be indulged in vis--vis the attending doctor.
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Medical Ethics
No advertisement (e.g. photo or very large signboard) either in the signboard or letterhead, except the name, qualifications, registration number & subject of specialisation. No signboard on a chemists shop or anywhere that he does not work or stay. Not engage any agent to fetch patients; give, solicit, receive or offer any gift, commission or bonus in return for the referring, recommending or procuring of any patient. Not claim to be a specialist in any branch of medicine or surgery unless has acquired the requisite qualification in that branch.
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Professional Misconduct
Improper conduct/abuse of his position. Prescribing steroids/psychotropic drugs when there is no absolute medical indication. Selling Schedule 'H' & 'L' drugs and poisons to the public, except to his patient. Sex determination test with the intent to terminate the life of a female foetus. Issuing a certificate that is untrue, misleading or improper.
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MISCONDUCT
If a doctor posted in rural area is found absent on more than two occasions during inspection by the Head of the District Health Authority or the Chairman, Zilla Parishad. If a doctor posted in a medical college/ institution is found absent on more than two occasions during the assigned duty hours. Complain to Disciplinary Committee of State Medical Council.
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Insecticides Act prescribes safety information, dosage, antidotes. For objectionable advertisements: Advertisement Standards Council of India, Bajaj Bhavan, 2nd floor,Nariman Point, Mumbai- 400 021.
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Protective Legislation
Water and Air Pollution Prevention Acts. Household Electrical Appliances (Quality Control) Orders prohibit manufacture, strorage, sale of 40 appliances unless they have ISI mark. Freedom of Information Act to provide access to information for citizens. Dangerous Machines (Regulation) Act for compensation to labour operating machines.
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2. 3.
Adulterated Food
4. Prepared, packed or kept under unsanitary conditions. 5. Consists of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or otherwise unit for human consumption. 7. Food or container contains any poisonous or other ingredient injurious to health. 8. Has any colouring matter other than as prescribed and in amounts not within the prescribed limits.
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Pro-Consumer Laws
Drugs & Cosmetics Act ensures ingredients are listed on packaging of all drugs and cosmetics with expiry date and precautions on harmful effects. Bureau of Indian Standards Act certifies that products meet ISI standards. Agricultural Produce (Grading and Marking) Act standardises such products for AGmark.
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CFBP promotes
Invoice imported/exported goods at correct prices No misleading advertising Maintain accuracy in weights & measures of goods on sale Not to deal in smuggled goods
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Other initiatives to elevate public image of business & safeguard consumer interests
Associated Chambers of Commerce & Industry worked on Norms of Business Ethics. CII formulated Consumer Code. Confederation of Indian Food Trade & Industry developed Code of Ethics. Advertising Standards Council of India established Consumer Complaint Council & adopted a code of self-regulation.
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Spreading Awareness
Grahak Dost 12 part serial Brochures on consumer rights, remedies. Booklets on how to survive as a consumer. Train consumer friends VCOs, teachers, opinion leaders, mass media.
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