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National Consumer Policy
Final Draft
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.”
Final Draft of National Consumer Policy,
adopted during Consultation held at New Delhi, 3rd March 1998
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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