Right to Representation in Consumer Protection
RIGHT TO
REPRESENTATION
BY
Adv. Shirish V. Deshpande
Mumbai Grahak Panchayat
UN GUIDELINES FOR
CONSUMER PROTECTION
UN Guidelines recognize following 8 consumer
rights :
•
Right to Basic Needs
•
Right to Safety
•
Right to Information
•
Right to Choice
•
Right to Representation
•
Right to Redressal
•
Right to Consumer Education
•
Right to Healthy Environment
What does Right to Representation
mean to Common Man?
•
The right to be heard and to be assured that consumers’ interest will
receive due consideration at appropriate forums.
•
The Right to Representation is the right which the consumers can assert in
a collective or representative manner or even in an individual capacity.
•
This Right has application at Macro and Micro level.
How far Right to Representation
Has Succeeded in India?
•
India, one of the first countries to adopt UN Guidelines.
•
CPA enacted in 1986 recognized Right to Representation.
•
CPA created Consumer Protection Councils at District, State &
National levels for promoting and protecting consumer rights.
Role of Consumer Protection Councils
•
Provides platform to assert consumer grievances in presence
of service providers, manufacturers / producers and govt.
officials / minister.
•
Can lead to change in policies, formulation of new consumer
oriented policies or decisions.
•
Can lead to grievance redressal
•
Can lead to system correction
Consumer Courts &
Right to Representation
•
Opportunity for consumer activists to be
appointed on Forum / Commissions.
•
Opportunity to represent consumers before
Consumer Courts.
•
One consumer can represent numerous
consumers.
Right to Representation
under Electricity Act 2003
•
Representation to consumer groups on CERC
•
Representation to consumer groups on SERCs
•
Representation to consumer rep on CGRF
Right to Representation in
Telecom Sector
•
TRAI issues consultation papers and invites suggestions /
objections from stake holders
•
Several consumer groups actively participate in consultation
process and make their voice heard
•
Recent decision of TRAI to restrict TV ad duration is proof of
successful consumer representation
CUTS / IDCG SURVEY
•
Only 23 % consumers surveyed aware about
process of consultation or consumer
representation
•
Only 28 % of such consumers participated in
public hearing / consultation
•
Comparatively western and southern India has
higher level of awareness
•
In rural areas, awareness was as low as 18 %
Hurdles in Consumer Representation
•
Lack of Consumer Awareness
•
Lack of funding
•
Lack of expertise
•
Lack of training facilities
Effective Consumer Representation
A Way Forward
•
Consumer groups to focus on specific areas / issues
•
To ensure adequate training for consumer representation
•
To ensure adequate “Consumer Funding” for consumer groups by
amending policies / laws
•
Consumer bodies to share and pool know-how and expertise
Effective Consumer Representation
A Way Forward
(
contd.
)
•
Make concerted efforts to activate Consumer Protection
Councils at District, State and National level
•
Make changes in CPA to ensure speedy, simple and
inexpensive redressal of consumer complaints
•
Create wide spread consumer awareness for their active
participation
Thank You
The Right to Representation in consumer rights allows consumers to be heard and ensures their interests are considered in various forums. In India, the Consumer Protection Act of 1986 recognized this right and established Consumer Protection Councils at different levels. These councils play a crucial role in addressing consumer grievances, influencing policies, and facilitating grievance redressal. Consumer courts also provide opportunities for consumer activists to represent consumer interests. The Right to Representation extends to sectors like electricity and telecom, where consumer groups actively participate in decision-making processes. Overall, the Right to Representation empowers consumers to assert their rights and seek redressal.
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Presentation Transcript
RIGHT TO REPRESENTATION BY Adv. Shirish V. Deshpande Mumbai Grahak Panchayat
UN GUIDELINES FOR CONSUMER PROTECTION UN Guidelines recognize following 8 consumer rights : Right to Basic Needs Right to Safety Right to Information Right to Choice Right to Representation Right to Redressal Right to Consumer Education Right to Healthy Environment
What does Right to Representation mean to Common Man? The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums. The Right to Representation is the right which the consumers can assert in a collective or representative manner or even in an individual capacity. This Right has application at Macro and Micro level.
How far Right to Representation Has Succeeded in India? India, one of the first countries to adopt UN Guidelines. CPA enacted in 1986 recognized Right to Representation. CPA created Consumer Protection Councils at District, State & National levels for promoting and protecting consumer rights.
Role of Consumer Protection Councils Provides platform to assert consumer grievances in presence of service providers, manufacturers / producers and govt. officials / minister. Can lead to change in policies, formulation of new consumer oriented policies or decisions. Can lead to grievance redressal Can lead to system correction
Consumer Courts & Right to Representation Opportunity for consumer activists to be appointed on Forum / Commissions. Opportunity to represent consumers before Consumer Courts. One consumers. consumer can represent numerous
Right to Representation under Electricity Act 2003 Representation to consumer groups on CERC Representation to consumer groups on SERCs Representation to consumer rep on CGRF
Right to Representation in Telecom Sector TRAI issues consultation papers and invites suggestions / objections from stake holders Several consumer groups actively participate in consultation process and make their voice heard Recent decision of TRAI to restrict TV ad duration is proof of successful consumer representation
CUTS / IDCG SURVEY Only 23 % consumers surveyed aware about process of consultation representation Only 28 % of such consumers participated in public hearing / consultation Comparatively western and southern India has higher level of awareness In rural areas, awareness was as low as 18 % or consumer
Hurdles in Consumer Representation Lack of Consumer Awareness Lack of funding Lack of expertise Lack of training facilities
Effective Consumer Representation A Way Forward Consumer groups to focus on specific areas / issues To ensure adequate training for consumer representation To ensure adequate Consumer Funding for consumer groups by amending policies / laws Consumer bodies to share and pool know-how and expertise
Effective Consumer Representation A Way Forward (contd.) Make concerted efforts to activate Consumer Protection Councils at District, State and National level Make changes in CPA to ensure speedy, simple and inexpensive redressal of consumer complaints Create wide spread consumer awareness for their active participation
