(THE COMPLETE TEXT OF THIS COMMUNICATION AND ENCLOSURE THERETO IS ATTACHED IN A COMBINED 107-PAGES pdf FILE WITH THIS MAIL FOR DOWNLOADING AND PRINTING FOR FURTHER PROCESSING IT)
30 December 2014
THROUGH E-MAIL
Ramvilas Paswan,
Minister-Consumer Affairs,
Government of India,
179, Krishi Bhawan,
New Delhi 110114
Chairman,
Upbhokta Nyay Bhawan,
'F' Block, GPO Complex,
INA, New Delhi-110 023
Secretary,
Department of Consumer Affairs,
Government of India,
49, Krishi Bhawan,
New Delhi 110114
Joint Secretary,
Department of Consumer Affairs,
Government of India"
365-A, Krishi Bhawan,
New Delhi 110114
'Commercial Purpose'
Not defined in the Consumers Protection Act 1986 - Consumers' Laws Crying for Corrections
Hon'ble Sirs,
This refers to the News Item published in section of press "Consumers in Lurch as Act fails to define commercial purpose" on 22 December 2014. A clipping from the press is attached herewith as Annexure-1.
The Consumer Protection Act excludes services for "Commercial Purpose" from its purview, but does not define this term. This has led to chaos as the term is being interpreted differently by different judges and there is no consistency. Hence, outcome of the case has no judicial certainty and depends on the luck of the party.
Three Case Studies have been mentioned in the press report, which are reproduced below for your ready reference and kind attention:.....
ENCLOSURE THERETO IS ATTACHED IN A COMBINED 107-PAGES pdf FILE WITH THIS MAIL FOR DOWNLOADING AND PRINTING FOR FURTHER PROCESSING IT)
Amendment to the Consumer Protection Act should incorporate a definition for "commercial purpose" so that there is uniformity in interpretation. Since the Act is meant to empower consumers, it would be ideal to keep the redressal forum open only to individual consumers and exclude business houses clogging the redressal mechanism with business-to-business disputes.
As per Section 6 of the Consumer Protection Act, 1986, the rights of a Consumer are as under:
(a) The right to be protected against the marketing of goods and services which are hazardous to life and property
(b) 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.
(c) The right to be assured, wherever possible, access to a variety of goods and services at competitive prices.
(d) The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora.
(e) The right to seek redressal against unfair trade practices for restrictive trade practices or unscrupulous exploitation of consumers and
(f) The right to consumer education.
But in effect all these rights are infringed with impunity by the market operators, right from the Manufacturers till the street vendors and service providers. Government services are no exceptions. They are as bad as others are.
It's all because our laws are toothless and made with halfhearted will just to fulfill the requirement of some international declarations, covenants or treaties, to which India is a signatory and was/is under pressure from the International Community to frame laws. In fact the 'political fund' contributing business lobby is so heavily influence upon the Law Makers that the existing laws are rendered almost ineffective, specially so in the wake of their very poor implementation and wide-spread corruption. These funding caucuses have many MPs among the law makers and ensure that the laws side with them.
The decision or action taken on this communication may invariably be communicated to RTIFED in due course.
The receipt of this communication may please be acknowledged.
This communication is sent through electronic media and as such does not warrant any signature.
If no acknowledgement/reply is received, I intend to file RTI Application after a month to know the:
(i) Status of action taken on this communication and its latest status.
(ii) Status of the restoring to the pronouncing and publishing orders/decisions in English and not anole in regional and/or vernacular languages, by the various Information commissions, where this process has been discontinued unlawfully.
While rejoining, the number and date of this communication may please invariably be mentioned.
Thanking you & with Warm Regards,
Very cordially yours,
Surendera M. Bhanot
Surendera M. Bhanot
President RTIFED[1]
9888-810-811
Enclosure: as stated please.
This Mail in original is also sent through e-mail to:
1. Chief Justice, Supreme Court Of India, New Delhi
2. A Copy is sent to all State Consumers Dispute Redressal Commissions in India – for information and appropriate action please.
3. A copy is also sent to All Consumers Activists and Consumers NGOs, All RTI Activists and RTI NGOs as well as Human Right Activists and NGOs, and the RTIFED Members – for information, record and for making similar plea to concerned authorities in their state/area of operation.
Surendera M. Bhanot
Surendera M. Bhanot
President RTIFED
[1]RTIFED (formerly known as RTI Activists' Federation and conceived and founded by the legendary Advocate H.C. Arora) is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states.
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