Report Based on the Workshop Organized By

8/6/2019 Report Based on the Workshop Organized By

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ACKNOWLEDGEMENT

I am thankful to Ms. Seema Mishra, Assistant Dean IIBS Noida,

Mr. Ranjay Kumar Vishen, Director, IIBS Noida, Ms. Arya A.

Kumar Assistant Professor, Indian Law Institute for giving me

this opportunity to attend the workshop on Consumer

Protection and Consumer Welfare .In the field of Business

Administration it is always important to have a knowledge

about the legislation an jurisdiction related to the consumers.

The workshop was organized with a vision of creating

awareness among the common people as well as the students

and scholars of different specified fields. I am equally thankful

to the Honorable Chief Guest Justice Mr. D.P.Wadhwa, Former

Judge, Supreme Court of India, Chairperson, Central Vigilance

Committee for sharing his expensive time with us. My heartiest

gratitude to Professor Dr. D.S.Sengar, Director ILI , Justice Mr.

Swantanter Kumar, Honorable judge Supreme Court Of India

and all the speakers and scholars who shared their knowledge

and experience. It has been a great experience and a different

learning process.I am overwhelmed with the warm hospitality

of the students of ILI. At the end I would like to mention that

International Institute of Business Studies (Noida) stood like a

bridge between the students and their future prospects so I

feel I am fortunate to be a part of this Institution and I am really

grateful to the academic and administrative authority of IIBS.

Poulomi Sengupta


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TABLE OF CONTENTS

Page-1. Introduction.

Page-2-Program Schedule.

Page-2.1-Day-1.

Page-2.2- Day -2.

Page-3- Introduction About The Institutes.

Page3.1-International Institute Of Business Studies.

Page-3.2- Indian Institute of Law.

Page-3.3-Indian Institute of Public Administration.

Page- 4-Objectives of the workshop.

Page-5- Learning From the Workshop.

Page-5.1-Concept Note

Page-5.2- Things to Do.

Page-6- Summary

Page-7-Copy of the Certificate.

Page-8 Group-Photo.


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INTRODUCTIONIt is well recognized world over , that protection of Consumers rights and

interests not only promotes the interests of business but also of the state as well.

Every one is a consumer in this world. Even a producer or trader, ormanufacturer of any goods or services is a consumer of another goods or service

by others. Every marketing activities revolving around the consumers. In any

marketing environment there should be satisfactory seller buyer relationship

which establishes mutually acceptable business transactions. Usually seller

indulges in diversified malpractices such as adulteration of food,

underweightment, deceptive packaging etc.

Such malpractices in trade may enriches the trader but at the cost of consumer.

This proves the degraded business ethics of the people involved in the channel of

trade. Majority of the buyer in the country are illiterate and caught in the vicious

circle of poverty. They are unorganized and unaware to safeguard their interest.

However, slow, the voices of dissent were raised by different people from time to

time paved the way for sprouting consumer movement and consequent

consumer legislation.

Probably every day we all play a common role in our daily life- the role of a

Consumer. Right from using the Toothpaste and the Toothbrush in the morning

till the usage of a Mosquito Repellant at night- we consume different products

throughout the day.

But are we all aware of our rights???

Lets Find The Answer

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PROGRAM SCHEDULEDay-1 14

thJuly-2011 Plenary Hall(ILI)

9.00a.m-10.00a.m Inaugural

Session(Registration)

10.00a.m-10.15a.m Lighting the Lamp Prof D.S.SengarDirector-ILI

10.20a.m-10.30a.m Introductory Remarks Prof.(Dr.)Suresh Mishra

Chair Professor and

Chairman

IIPA

10.30a.m-10.45a.m Inaugural speech by

Chief Guest

Honble Justice

D.P.Wadhwa

Former Judge Supreme

Court

Chairperson- Central

Vigilance Committee on

PDS

11.30a.m-12.30a.m

(TECHNICAL SESSION-1)

Panel

Discussion(consumer

protection, legal

framework,Policy

perspectives and Need

for Consumer Protection )

Prof. S.S Singh(Director,

National Law School,

Bhopal)

Prof.Suresh Mishra(Chair

Prof & Chairman , IIPA)

Prof. D.S.

Sengar(Director, ILI)

12.30a.m-1.00a.m Interaction with

Participants

1.00p.m-2.00p.m Lunch Break

2.00p.m-3.30p.m


Working Of Quasi Judicial

Forums:The Consumer

Redressal Agencies

Justice V.B. Gupta

Member, National

Consumer Redressal

Forum

3.45p.m-5.00p.m


ADR and Mediation as a

tool to protect the

Consumers

MR. P.H. Parekh

Senior Advocate

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PROGRAM SCHEDULEDAY-2 15

thJuly-2011 Plenary Hall-ILI

9.30a.m-11.00a.m

(TECHNICALSESSION-4)

Consumer and

Services Sectors:Medical, Banking,

Insurance, Housing,

Electricity.

Ms. Sapna Chaddah

Asst ProfessorConstitutional and

Administrative Law,

IIPA

11.30a.m-1.00p.m

(TECHNICAL

SESSION-5)

Misleading

Advertisements and

Consumers

Ms. Pushpa Girimaji

Consumer Right

Columnist

1.00p.m-2.00p.m Lunch2.00p.m-3.30p.m

(TECHNICAL

SESSION-6)

Consumer

Education and

Awareness

Ms. Mamta

Pathania

Asst Professor, IIPA

4.00p.m-5.15p.m Valedictory Sessions

4.00p.m-4.30p.m Comments from the

Participants

4.30p.m-4.55p.m Valedictory address Honble Justice Mr.Swatanter Kumar

Judge, Supreme

Court

4.55p.m-5.00p.m Vote of Thanks Prof. Arya A. Kumar

Program

Coordinator

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INTRODUCTION ABOUT

INTERNATIONAL INSTITUTE OF BUSINESS STUDIES

International Institute Of Business Studies Noida Campus was started in the year 2009,It was established

in order to spread education and nurture the leading talents of our country.

It is among one of the renowned business school of India. This Institute provides dual degree to every

students(MBA+PGPBM).

The vision of this Institute is to listed among the Top 10 B-schools in India.

The Wi-Fi enabled campus and modern infrastructure ease the efforts of the students.

The faculties having industry experience takes care of each and every students . They share their

knowledge and experience and prepare the students to step into the corporate world in future.

The library contains a large number and variety of books. The computer lab is Technically Equipped so

that every student can work at a time.

The placement cell of this Institute has placed 100% students for the Internship Program(Batch-09) andproceeding towards further placement.

The best thing about this college is the 3 D s-

DISCIPLINE.

DECORUM

DIGNITY.

The above 3 Ds are maintained by every staff and students of this Institute. The students are groomed in

a way that in future they can rule the corporate world with the application of Fundamental knowledge

and skills.

IIBS believes in knowledge gathering and knowledge sharing. The Academic and Administrative authority

motivate and encourage the students to participate in different workshops, seminars, conference and

cultural fests It helps the students to achieve their goals and to be a part of the broad outer

professional world.

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INTRODUCTION ABOUT

INDIAN LAW INSTITUTE (ILI)

The Indian Law Institute is an autonomous body registered under the Societies Registration Act,1860,has

the requisite independence and academic freedom to carry out its objectives. ILI was was founded

in1956 primarily with the objective of promoting and conducting legal research.the objectives of the

Institute as laid down in its Memorandum of Association are to cultivate the science of law, to promote

advanced studies and research in law so as to meet the social, economic and other needs of the Indian

People to promote systemization of law, to encourage and conduct investigation in legal and allied

fields, to improve legal education, to impart instructions in law, and to publish studies, books,

periodicals, etc. The membership of the Institute is now nearly three thousand representing the persons

interested in the study and advancement of law.

Honble Chief Justice of India is the ex-officio President of the Institute. The Law Minister Of

Government Of India and The Attorney- General Of India are its ex-officio Vice Presidents.Third Vice

President is elected by the members of the Governing Council, from among themselves. Judges of the

Honble Supreme Court Of India and High Courts, prominent lawyers, Government officials and

Professors of Law are represented in the Governing Council Of The Institute.

The Institutes library is one of the best libraries of the country. It has more than 75000 titles. It

subscribes to 270 current legal periodicals. JILI is one of the leading law journals. ASIL contains surveyes

written by academicians and practitioners .The Indian Law Institute has been granted DEEMED

UNIVERSITY status in 2004 vide Government Of India, Ministry of Human Resource Development

Notification No. F.9-9/2001-U.3 Dated 29.10.2004.

The Indian Law Institute(ILI)

Bhagwan Das Road,

NewDelhi-110001

Ph-01123387526

[email protected]

Website-www.ili.ac.in.

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INTRODUCTION ABOUT

INDIAN INSTITUTE OF PUBLIC ADMINISTRATION (IIPA)

The Indian Institute of Public Administration, established as an autonomous body under the Registration

of Societies Act .The basic purpose of establishing this Institute was to undertake such academic

activities as would enhance the leadership qualities and managerial capabilities of the executives in the

Government and other public service organization. Centre For Consumer Studies or CCS was established

primarily with a view to promote consumer protection and consumer welfare. The Department ofConsumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution,GOI, has established a

dedicated Centre for Consumer Studies(CCS) at the IIPA, New Delhi. The Centre operates within the legal

framework of the IIPA and the policy directions of the Monitoring Committee chaired by the Secretary,

CA, GOI. Since its inception, CCS has been working with various stakeholders in organizing capacity

building and awareness programs. The role of the Centre is both operational as well as promotional.

The Centre seeks to network, with national and international agencies and interface with other

stakeholders by serving as a bridging think tank, with an intensive advocacy role. It acts as a forum for

creating dialogue among policy makers, service providers, representatives of various business

establishments and their associations, professional bodies/associations, civil society organizations,

educational/research institutes, economic and social development organizations as well as leading

NGOs. It also acts as a storing and clearing house for the exchange and constant flow of information,

ideas and activities relating to consumer protection and welfare. The Centre closely works in association

with the DCA, GOI, National/State Consumer Disputes Redressal Commissions and District Forums. The

CCS is envisaged as a centre functioning with flexibility and openness.

Centre For Consumer Studies(CCS)

Indian Institute of Public Administration(IIPA)

I.P.Estate, Ring Road

NewDelhi-110002

Ph-O11-23468347

[email protected]

Website-http://consumereducation.in

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OBJECTIVES OF THE WORKSHOP

The workshop aims to sensitize and expose the participants of the workshop to

probe into the ways and means of taking the consumer movement to the door

steps of the rural poor. It also intends to throw light on the vital issues of

consumer protection legislation and the problems being faced by the consumers

of the India. The broad objectives of the workshop were to enable the

participants to understand the national and international dimensions of consumer

welfare in the era of globalization and liberalization, explain the various provisions

of the Consumer Protection Act, 1986 and other related legislations having a

bearing on consumer protection: describe the legal dimensions of consumerprotection in different service sectors such as housing, medical, banking,

insurance etc: and acquaint the participants with the role of various agencies in

consumer protection. The speakers comprise of academicians, lawyers and

experts in consumer law. The workshop focused on the following issues.

Enhance knowledge and skill in the area of consumer protection andconsumer welfare.

Understand the need and importance of consumer protection and welfare.Acquaint with the national and international dimensions of consumer

protection and the role of various stakeholders.

Explain various provisions of Consumer Protection Act and otherlegislations having a bearing on consumer protection.

Legal dimensions of Consumer Protection in different service sectors.

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CONCEPT NOTE

The important measure of legislature reform has been the enactment of the Consumer Protection Act of

1986. The Act seeks to promote some basic rights of consumers , namely , the right to safety, to be

informed of quality, potency of purity of products, to access to variety of goods at competitive prices, to

redressal of grievances and to consumer education. The Consumer Protection Act of India has been

acknowledged world over as a revolutionary piece of consumer protection legislation. It is simple and

aims to provide speedy and inexpensive redressal of consumer grievances besides providing for

promotion and protection of six rights of the consumer. Provision has been made for setting up of

Consumer Councils at the centre and in the states. It is hoped that the council will identify consumer

issues of all kinds, support consumer research and make suitable recommendations for protecting

interest of the Consumers. In addition, The Act provides for an appeal to the Supreme Court against an

order made by the National Commission. With a short span of time consumer forum have been flooded

with number of complaints regarding defects in goods, deficiency in services. The other head of

Jurisdiction, namely, unfair trade practice and charging of excessive price have not yet been availed of in

any substantial manner by the consumer.

There has been a vast change in the field of consumer protection law in terms of

amendments and judicial interpretations. In a plethora of celebrated cases, The Indian Judiciary has

interpreted the statutory provisions in favor of consumers and protecting consumer s rights. The

question of application of Consumer Protection Act , 1986 to the Medical profession with a view to

redressing grievances of patients against doctors and hospitals has been highly disputed issue. The

question whether doctors and hospitals are covered by the Consumer protection Act was considered

by National Consumer Disputes Redressal Commission in Consumer Unity and Trust Society, Jaipur v,

The State Board of Rajasthan, 1991(1)C.P.R.241;(1992), CPJ.259(N.C) and M/s Cosmo politics Hospitals &

another v. Vasantha P. Nair. 1(19Q92)CPJ. 302(N.C).In the former case the National Commission held

that persons who avail themselves of the facility of medical treatment in government hospitals are not

consumer and the said facility offered in Government Hospitals cannot be regarded as service hired to

consideration. In the latter case the National Commission held that activity of providing medical

assistance, for payment, carried on by hospitals and members of the medical profession falls within the

scope of expression services as defined in the Act. And a patient would be a consumer entitled to

invoke the remedy provided under the consumer protection Act. In Consumer Unity And Trust Society v.

State of Rajasthan,(1992) ICPR 30Raj. CDRC it was held thai it was the responsibility of Government to

provide adequate medical, health care and other facilities to all citizens. Judiciary should give a liberal

interpretation to provisions of the Act. Namely justice to consumers including consumers of Medical

Service.

Recently, in a landmark case, Budhist Mission Dental College Hospital v. Bhupesh

Khurana,(2009)1CPJ 25 SC the apex court laid down that the educational institution offering courses by

making false assurance to prospective students through advertisements and prospectus regarding their

affiliation with recognized university had pay huge compensation to the affected students as it was

proved at a larger stage and the said assurance and promise were falsely made.

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THINGS TO DOThough the courts have given remarkable judicial interpretations in various fields like

unfair trade practices, supply of defective goods, issues on various service sectors etc , a lot of

many vital issues on consumer protection law need to be deliberated upon.

Keeping that in mind the workshop has helped us to set the objective and

also helped us to find the ways how these hazards can be avoided. We can practically apply our

knowledge. It is not a very expensive and time consuming process.

Word of Mouth: If we talk about whatever we have learnt we can create an awarenessamong those who are not very much aware of their rights.

Carefulness: We have to be very careful during every purchase. Whatever service orproduct we are consuming we should know the rights related to it. No legal education is

needed for this, only the consciousness of the consumer and the awareness can create a

magic.

Value for Money: The value for money concept can create a less hazards. For instance,In India, most of the confectioners weighs the sweets into a box. They never subtract

the weight of the box from the total weight of the sweets. But the consumer is suppose

to pay for the sweet only, not for the container. So the value of money concept will

stimulate the sense of right and wrong in the consumers.

Rural Mission: Indian market is predominantly ruled by Rural Customers, where wefollow customer is king belief there only most of the rural customer faces difficulties

to survive as they are cheated everywhere, from products to service, from edible oil to

medical facility. The person who possess a knowledge about Consumer Rights he or she

should take initiatives to teach the rural population about their rights.

Creation Of Work Ethics: Proper work ethics restricts a person to do wrong with others,working in an ethical organization is like a boon as it helps a person to avoid

malpractices. Because the person doesnt know that if he attempt and unethical work

practice he or she may have to face the same as they are also the consumer of some

other marketers.

Exhibition of Knowledge: If we exhibit our knowledge every time we purchase orconsume then the marketers will be conscious from the next time. For example,

checking the MFG date and Exp date of medicines, checking the measurement

equipments, asking the marketer to give the proper quantity etc.

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SUMMARY

Most of the Indian Consumers belongs from a rural area. They should bemake aware about their rights as a consumer.

If a marketer is failed to cater to the needs of a customer deliberately thenit should be informed to the consumer court in order to sustain the right of

a customer.

Medical negligence created by a Doctor or a Hospital comes under theConsumer Protection act 1986.

Consumer Protection Act seeks-y The right to be protected against marketing of goods which are hazardous

to life and property.

y The right to be informed about the quality, quantity, potency, purity,standard and price of goods to protect the consumer against unfair trade

practices.

y The right to be assured, wherever possible, access to an authority of goodsat competitive prices.

y The right to be heard and to be assured that consumers interests willreceive due consideration at appropriate forums.

y The right to seek redressal against unfair trade practices or unscrupulousexploitations of consumers.

y The rights for consumer education.The 3 D which should be avoided-y Dispute- Consumer Dispute, means a dispute where the person against

whom a complaint has been made, denies or disputes the allegations

contained in the complaint.

y Defect- Defect means any fault, imperfection or shortcoming in the quality,quantity, potency, purity or standard which is required to be maintained.

y Deficiency- Deficiency means any inadequacy in the quality, nature and themanner of performance which is required to be maintained by or under the

law.

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Documents

Report Based on the Workshop Organized By