Focus on Rights

Waiting for consumer justice
One welcomes the ringing tones of this week's statement by the Minister of Consumer Affairs marking World Consumer Day, that consumer loss and injury need speedy justice. However, this country awaits a more pragmatic working out of actual measures and the putting into place of dynamic institutions that will achieve this objective.

On the positive side of things, the recent passing of the Consumer Affairs Authority Act, as noted in the ministerial statement, needs to be acknowledged. So too, the direction that all establishments coming under the Ministry establish voluntary measures to resolve disputes of consumers. This, though, is insufficient, if the grandiloquent aims of the ministerial promise given this Saturday are to be realised. The Authority has to sufficiently distinguish itself, in its working, from the other high sounding but fairly inefficient monitoring institutions that have been set up in this country. Its reach should be towards those sections of society who are most vulnerable.

Consider this simple problem. A middle class couple, after years of scrimping and saving, collect enough money thinking that they would invest in a small scooter in order that the daily grind to and fro in public transport may be made easier. In response to a newspaper advertisement by a reputed company with a plush showroom dealing in importation and exportation of motorcycles, they approach the manager who is also the proprietor, and enter into an agreement to buy a scooter. In a fit of quite misplaced and nowadays - alarmingly naïve- trust, they pay the entire amount for the item, totalling to about fifty thousand rupees on the promise that they would be sold a scooter once the shipment arrives.

A month passes by, then two and more. The couple start feeling the first twinges of alarm and approach the company proprietor, asking as to what has happened to the promised sale. The latter responds by saying that the shipments are being held up in the port but that they would be soon released and the sale would come through. From this point, the situation gets worse with almost a year passing but no realisation of the sale. Meanwhile, other consumers in the same situation as the couple are not as vulnerable.

Some resort to thuggery, threatening to smash the showrooms of the company and assault the manager. They get their sales through. Others are also successful by 'pulling various strings', which has its own impact as the manager is also a district leader of one of the major political parties in the country. The couple however do not have any 'strings to pull' and are terrified at the thought of resorting to thuggery. Neither do they have the resources to retain lawyers to appear before court and plead their case. There is no consumer organisation in the country activist enough to take up their case despite a formidable body of research papers written on consumer justice following a succession of seminars held in Colombo's leading hotels.

Meanwhile, a police complaint filed by them is disregarded. A letter that they write to the head of the party, (of which the disreputable manager/proprietor is a reputable member), is acknowledged and referred to the latter but no further action is taken despite clear evidence of fraud. There, the case rests. The cycle company, on the one hand, continues its business as before, advertising flamboyantly and perhaps defrauding more customers. The couple, on the other hand, have lost all their savings and have learnt the bitterest of lessons not to trust unscrupulous dealers.

Their plight symbolises the fate of those who do not fit into the 'new' society existent in Sri Lanka today, where people without conscience and with power are the only people who thrive. It is these kinds of problems that a true consumer forum should take steps to correct.

As to whether the recently passed Consumer Affairs Act is of a wide enough nature to provide redress for consumer problems such as these is however problematic. The Act focuses primarily on regulation of trade and the prohibition of anti-competitive practices. The Authority set up under the Act has powers to determine standards and specifications relating to goods and supply of services and can inquire into complaints regarding the same. Where warranties or guarantees are found to be breached by a trader, the Authority can order the payment of compensation or the refund of the money spent.

It may also enter into written agreements with manufacturers or traders in respect of the maximum price, the standard and specification of goods and any other conditions as to manufacture, transportation, etc. Where goods are sold or services provided at an excessive price or subject to market imperfections etc, remedies are provided for under the Act.

In this regard, the Director General (in consultation with the Authority) can refer such matters to a Consumer Affairs Council established under the law. Both the Council and the Authority are given considerable powers of supervision and investigation with regard to the prohibitions specified in the Act.

While this is so, the substantive powers of comparative consumer protection institutions set up in India are much wider. The reach of their authority includes non fulfilment of specific consumer guarantees as well as the regulation of trade and prohibition of anti competitive practices. A carefully structured array of institutions work these powers out. Thus, there are District Forums investigating consumer complaints, mandated to consist of three members, a District Judge, a person of eminence in the field of education, trade or commerce and (ensuring gender equality), a lady social worker.

The State Commission to which appeals from the District Forum lie, consists of a Judge of the High Court and two other members. The National Commission to which again appeal lies from the State Commission consists of a Chairman who is a Judge of the Supreme Court and four other members. There is meanwhile an overseeing Central Consumer Protection Council. Rules under the Act passed in 1987 stipulate that members of the National Commission be placed in a similar position as Supreme Court judges regarding their conditions of employment and removal from office.

The importance accorded to these bodies was demonstrated when a scarce two years following the enacting of the Act, activist groups petitioned the Supreme Court of India, pointing out that the Central Government had not established district forums and state commissions throughout the length and breadth of India as contemplated. These were then set up by direction of Court and remain excellent examples of the extent to which strong consumer rights bodies can redress the grievances of consumers.

As far as this country is concerned, things are different. When Kahlil Gibran prophesied more than eight decades ago, that woe is to the nation whose sage is voiceless, whose champion is blind and whose advocate is a prattler, it might have been the wisest words that this most visionary of all philosophers could have uttered.

Instead of manifestations of such courage by its sages, champions and advocates which can confront - and indeed - overcome the most formidable of problems that any country faces, what we have is supreme indifference. And in the process, it is those who are most vulnerable who are immediately penalised, whether in the area of consumer fairness or simple justice. And in all the institutions that have been set up ostensibly to correct injustices, we see only a continuing of this same injustice.

We have yet to see institutions and individuals who set an example in the manner in which justice should be served, that is with patience, concern and above all, infinite integrity. Whether the Consumer Affairs Authority that is to be set up, will concern itself with the problems of the common man and woman and serve justice in the manner in which it ought to be served (obviously within the limitations of the powers given to it under the Act), remains yet a question in abeyance.

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