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National Consumer Policy
Mahatma Gandhi, the Father of the Nation, described the consumer
as:
“A customer is the most important
visitor in our premises. He is not dependent on us, we are
dependent on him. He is not an interruption in our work, he is
the purpose of it. He is not an outsider to our business, he is
part of it. We are not doing him a favour by serving him, he is
doing us a favour by giving us an opportunity to do so.”
I. Preamble
1.1 The rationale behind the National Consumer Policy stems
from Article 39 of the Constitution of India which has enshrined
the Directive Principles to be followed by the State to ensure
all-round welfare of the citizens of the country. The basic
premise of the National Consumer Policy is to ensure that goods,
services and technology are available to consumers at reasonable
prices and acceptable standards of quality. There is a consumer
dimension in almost every area of governance, and therefore a
need to take into consideration consumers’ interests in all
policy decisions and implementation thereof. The National
Consumer Policy seeks to provide guidelines to different
branches of the Government and agencies at all levels in
maintaining the appropriate consumer dimension while taking any
step or decision which will have an impact on consumers’
interests.
1.2 In view of complexity of the market place and technology
and impact of liberalisation, the consumer needs to be
protected. In the past, there was the system of barter and
consumers did not have to choose from a large range—the
allocation of resources was simpler. However, the situation has
changed considerably. With the growth and dominance of the
market place, consumers’ interests and protection have taken a
back seat. The perfect market place is a myth, and an
economist’s dream.
1.3. Faced with this reality the United Nations debated and
adopted the Guidelines for Consumer Protection in 1985. These
Guidelines also call upon the member governments to develop,
maintain and strengthen a strong consumer policy, and provide
for enhanced protection of consumers by enunciating various
steps and measures. In 1995, the Guidelines were reviewed, and
some issues, which needed further elaboration and expansion,
were espoused by consumer organisations. Among the issues are
access to basic needs, appropriate regulatory policies,
sustainable consumption etc.
1.4 India also adopted a consumer protection
legislation—Consumer Protection Act in 1986 (COPRA) which
recognises the following six rights of consumers:
- Safety: The right to be protected against the
marketing of goods and services which are hazardous to life
and property.
- Information: The right to be informed about the
quality, quantity, potency, purity, standard and price of
goods or services, as the case may be, so as to protect the
consumer against unfair trade practices.
- Choice: The right to be assured, wherever
possible, access to a variety of products and services at
competitive prices.
- Representation: The right to be heard and to be
assured that consumer’s interests will receive due
consideration at appropriate forums.
- Redressal: The right to seek redressal against
unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers.
- Consumer education: The right to consumer
education.
1.5 Furthermore, from the U.N. Guidelines for Consumer
Protection, 1985, two other rights of consumers are inferred:
- Basic needs: The right to basic goods and services
which guarantee dignified living. It includes adequate food,
clothing, health care, drinking water and sanitation, shelter,
education, energy and transportation.
- Healthy environment: The right to a physical
environment that will enhance the quality of life. It includes
protection against environmental damage. It acknowledges the
need to protect and improve the environment for future
generations as well.
1.6 To promote accountability, transparency and good
governance the National Consumer Policy seeks to encourage all
ministries, departments and other bodies, government and
non-government, to adopt “Citizens’ Charters” that will spell
out the standards of service available to consumers and
citizens.
II. Objectives
2.1 The Constitution of India seeks to ensure for its
citizens—social, economic and political justice. However, as
consumers face imbalances in economic terms, education levels
and bargaining power, the National Consumer Policy aims to
promote and protect consumer rights for just, equitable and
sustainable economic and social development.
2.2 Taking into account the needs of and priorities for
consumers the objectives of the National Consumer Policy thus
are to:
- Strengthen production and distribution patterns which are
responsive to the needs of consumers, and with the goal of
promoting sustainable consumption on an equitable basis;
- Advocate and promote ethical conduct, transparency,
consumer participation and responsiveness in the choice of
appropriate technology and environmental responsibility in
providing goods, services and technology to consumers at all
levels;
- Promote the development of market conditions which provide
consumers with appropriate choices at fair prices and right
quality, and lesser burden on the environment;
- Promote assessment of consumer impact in every area of
governance where consumer interests are affected;
- Promote participation of consumers in every area of
governance, particularly in the Panchayati Raj system;
- Promote adoption of Citizens’ Charters for greater
accountability and transparency in governance;
- Encourage policies and programmes to enable sustainable
production and consumption patterns; and
- Promote regional and international co-operation in the
field of consumer protection, sustainable consumption and
production patterns.
III. Principles
3.1 The policy intends to:
- Empower consumers to have access to the basic needs of
life;
- Protect consumers from hazards to their life and safety;
- Enhance the access of consumers to adequate information to
enable them to make informed and environmentally benign
choices according to individual as well as societal needs;
- Promote consumer education through formal as well as
non-formal education systems so as to help consumers in their
decision making;
- Promote accountability and transparency through adoption
of Citizens’ Charters;
- Provide expeditious and inexpensive system of delivery of
justice;
- Promote an independent consumer movement in the country by
providing assistance to consumer and other relevant groups to
form their organisations and giving them the opportunity to
present their views in the decision-making process.
- Initiate and implement appropriate mechanisms for exchange
of information on measures of consumer protection, nationally,
regionally and internationally.
3.2 Bearing in mind the costs and benefits of proposed
measures, the economic, social, cultural and technological
diversity of the country, and the needs of its population,
evolve time bound programmes for the protection of consumers.
IV. Measures
4.1 These measures will apply to indigenously produced goods,
services and technology as well as to imports.
4.2 Physical safety: Protect consumers from hazards
to their life and safety:
- Enhance the adoption of national as well as international
standards for the safety and quality of goods, services and
technology; and
- Encourage and build capacity of consumer organisations to
carry out testing of essential consumer goods and
dissemination of information.
4.3 Information: Access of consumers to adequate and
reliable information:
- Government, business and voluntary organisations should
develop and strengthen consumer information programmes to
encourage people to act as discriminating consumers. Special
attention is to be given to the development of mass media
programmes to cater to the needs of the disadvantaged
consumers;
- Enhance the access of consumers to adequate information to
enable them to make informed and environmentally benign choice
of goods, services and technology according to individual as
well as societal needs; and
- Encourage formulation, adoption and wide dissemination of
Citizens’ Charters in all ministries, department and bodies of
govenment, business and cooperative sectors to increase
awareness, accountability and transparency.
4.4 Choice: Promote and protect consumers’ interests
to make informed choice of goods, services and technology:
- Strengthen measures to prevent restrictive and unfair
business/trade practices which are harmful to consumers and
the environment; and
- Develop, maintain and strengthen a fair competition policy
with a view to provide consumers with appropriate range of
choice of goods, services and technology at the lowest
prices.
4.5 Representation: Represent consumers’ view in the
decision-making process:
- Provide and strengthen representation to consumer
organisations in the decision-making process of the
Government at all levels as well as business and
co-operatives;
- Promote and encourage an independent consumer movement in
the country by providing help to consumer groups to form their
organisations and giving them the opportunity to present their
views in the decision-making process; and
- Encourage formulation, adoption and wide dissemination of
Citizens’ Charters in all ministries, departments and bodies
of govenment, business and cooperative sectors to increase
representation, accountability and transparency.
4.6 Redressal: Expeditious and inexpensive consumer
redressal system:
- Strengthen legal and administrative measures to enable
individual consumers, consumers as a class and consumer
organisations to obtain redressal through quasi-judicial
procedures; and
- Encourage consumers to take recourse to alternative
dispute resolution systems such as arbitration, conciliation
and /or ombudsmen schemes.
4.7 Consumer education: To help consumers in their
decision making:
- Promote consumer education as an integral part of the
formal education system at primary, secondary and college
levels;
- Encourage business to undertake publication of consumer
educational material for mass distribution; and
- Enable consumer organisations to undertake capacity
building programmes for consumers, activists and others.
4.8 Basic needs: Access of consumers to basic goods,
services and technology:
- Strengthen measures to ensure access of consumers to basic
goods and services of acceptable quantity which include
adequate supply of basic goods like food and clothing, and
utility services like health care, drinking water and
sanitation, housing, education, energy and transportation;
and
- Encourage the establishment and strengthening of consumer
co-operatives and related trading activities as well as
information about them, especially in rural areas.
4.9 Healthy environment: Sustainable production and
consumption patterns:
- Develop and strengthen environmental testing of products
and dissemination of information through governmental
institutions, media and consumer organisations; and
- Encourage consumer organisations to review the
implementation of environmental regulations by providers of
goods, services and technology and verification of
environmental safety claims.
4.10 International exchange of information on consumer
protection:
- Initiate and implement exchange of information on measures
of consumer protection, regionally and internationally; and
- Encourage consumer organisations to participate in
information exchange programmes with international
organisations.
V. Monitoring and Evaluation
5.1 In view of economic, social, cultural and technological
diversity of the country, it is essential to adopt and
strengthen monitoring and evaluation mechanisms by involving
consumer and other groups, and business in the process of
implementation of the aforesaid measures to achieve the
objectives.
5.2 COPRA provides for establishment of the Central Consumer
Protection Council at the national level and state consumer
protection councils at state and union territory headquarters.
Furthermore, to establish an apex National Consumer Policy
Coordination Council with the Prime Minister as its chairperson,
so that consumer protection issues receive the highest
consideration in every area of governance.
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