Grassroots Reachout and Networking in Rajasthan

through Consumer Action

GRANIRCA

Detailed Report on

District Level Training Workshop

Year 2012

Consumer Unity &Trust Society (CUTS) 277, Sindhi Colony, Bhaskar Marg, Bani Park, Jaipur–302016,

Ph: 91-141-533259, 2282821 Fax: 91-141-4015395

Email: granirca@cuts.org, cart@cuts.org

Webpage: www.cuts-international.org/cart/GRANIRCA

CUTS CART

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1. Background

Consumer Unity & Trust Society (CUTS) is pursuing social justice and economic equity

within and across borders. CUTS serves on several policy-making bodies of the Government

of India. CUTS was responsible for the enactment and strengthening of the dynamic

Consumer Protection Act (COPRA), 1986, the likes of which has not been seen anywhere in

the world. It developed a draft National Consumer Policy at the request of the Ministry of

Consumer Affairs (MoCA), Government of India (GoI).

Continuing with the interventions in the area of consumer education and protection, CUTS

signed a Memorandum of Understanding with the MoCA, Food and Public Distribution, GoI,

to implement a unique project, entitled GRANIRCA, on January 08, 2010, which envisage to

build a strong consumer movement at the grassroots by equipping consumer activists with

skills and creating a networking of zealous grassroots activists through intensive training,

capacity building and orientation programmes on relevant consumer protection issues. The

project is being implemented in 12 districts of Rajasthan, representing all seven divisions of

the state.

District Level Training Workshops (DLTWs) are one of the most important activities of the

project, which not only help developing the capacities of consumers through structured

trainings but also creating barefoot lawyers, who, in turn, be able to form a core group of

activists, which will further work as consumer friends in their territories even after the

project. In the year 2012, DLTWs were conducted in each of the 12 districts of Rajasthan to

propagate the rights and responsibilities of consumers at the grassroots and initiate a dialogue

with the people, in between the people and redressal agencies and among buyers and sellers.

These meetings generated curiosity and demand among the mass for exposure and

acquaintance with the process and procedures for approaching the existing appropriate

authority for redressal of grievances, which becomes the ground for DLTWs.

2. Introduction

The COPRA, 1986, has come as a panacea for consumers all over the country and become

the most important legislation enacted in the country during the last few decades. It has

become a vehicle for enabling people to secure speedy and inexpensive redressal of their

grievances.

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Despite various measures taken by the government and several consumer organisations

working on the issue, a majority of Indian consumers are still not aware of the provisions of

the COPRA, 1986, and its implementation mechanisms.

As per the survey report commissioned by the Comptroller and Auditor General (CAG) of

India, a whopping 78 percent consumers feel the government is not making efforts for

safeguarding consumer rights, leaving the consumers to grapple with "market forces" at a

time when increase in prices of commodities, arbitrary profit margins and delays in

redressing consumers' grievances have become the order of the day. Consumers spend as

much as 82 percent on lawyers‟ fees in consumer courts, defeating the very purpose for

which the COPRA was enacted.

Most of the consumers are not aware that they can represent themselves in consumer courts

through a simple complaint. The recently conducted survey in 12 districts shows that very

few (less than three percent) complaints are represented by consumers themselves, without

engaging any advocate. Amendments in the Act are promoting engagement of advocates,

making the process complicated.

Therefore, it necessary to build a strong consumer movement at the grassroots, by equipping

the consumer activists with knowledge and skills through intensive training, capacity building

and orientation programmes on consumer protection issues, to create an enabling

environment at the grassroots.

2.1 Objectives of DLTWs

Understanding the consumer protection issues and the status of redressal mechanisms

and awareness generation among the common consumers, especially in rural areas;

Building up of a large group of aware and literate grassroots activists, who, in turn,

can mobilise and assist illiterate and helpless consumers to access consumer justice

and uphold their rights;

Creating a vibrant network of small consumer organisations, groups and interested

individuals, extending down to the block level;

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Enhancing the capacity of identified CSOs to handle emerging and relevant consumer

issues woven around the basic needs, ensuring improvement in service delivery and

playing the “watchdog” role in their respective districts; and

Building blocks for strengthening and sustaining consumer movement at the

grassroots.

2.2 Target Group

a. Activists working on consumer protection issues; and

b. Common consumer/people.

2.3 Resource Persons

a. Retired and present officials from link departments;

b. Lawyers; and

c. Present and past elected representatives belonging to Panchayats, Nagar Parishad

and Zila Parishad.

2.4 Duration: Two days

2.5 No. of Participants: Average 52

2.6 Methodology

a. Session wise speeches on various consumer issues;

b. Group exercises;

c. Panel discussions;

d. Demonstration through audio-visual; and

e. Simulation exercises.

2.7 Material Distributed

Training Manual, Pamphlets in Hindi and Hands Outs on various consumer issues

2.8 Resource Persons: Apart from GRANIRCA team members (Deepak Saxena, Amarjeet

Singh, Arjun Kant Jha, Dharmendra Chaturvedi, Abhimanyu Singh and Jai Shree Soni),

CUTS also availed the services of locally available subject experts, along with the District

Partner.

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2.9 Workshop Schedule, Participants and Resource Persons: Apart from participants,

people from the media, the judiciary, the administration and service providers participated in

the programme as resource persons. A wide coverage was given by the print as well as

electronic media. News clipping of the programme is annexed as Annexure A.

Details of the Resource Persons as per the District

District Resource Persons

Dholpur

R G Parihar, Vice Principal, Jawahar Navodaya Vidyalaya, Dholpur;

Harbhan Singh Sikarwar, Time Keeper, Rajasthan Roadways; B L

Nainawat DSO, Dholpur; V P Singh, Sales Officer, Indian Oil

Corporation Limited (IOCL); Hari Prasad Yogi a consumer activist and

lawyer; Rakesh Parmar from Samajik Vikas Samiti; Arjun Kant Jha and

Abhimanyu Singh from CUTS.

Kota Chandra Deep Singh, Lecturer, Kota Government Law College; Abdul

Aziz, Chairman, District Waqf Committee; Akhatar Khan Akela,

Advocate; Hari Prasad Yogi; Hari Mohan Sharma from Weights and

Measure department; Himmata Bai, Sarpanch Bahu, Gram Panchayat,

Kasar; Deepak Saxena and Jai Shree Soni from CUTS.

Dausa

Premchand Jain, Member, Alternative Dispute Redressal; Sunil Mishra,

Member Advocate, Lok Adalat; Murli Manohar Sharma, President

District Bar Association; Shyam Sunder Sharma, DSO, Dausa; Chagan

Beniwal, ACM, Dausa; Seema Bhardwaj, Ex Member, Lok Adalat; N C

Jain, Senior Branch Manager, Bank of Baroda; Rajendra Sharma, Ward

Member; Kamlesh Bohra from K B Social Welfare Society; Amarjeet

Singh and Abhimanyu Singh from CUTS.

S. N. Date District Participation

1. July 06-07, 2012 Dholpur 46

2. July 12-13, 2012 Kota 55

3. July 12-13, 2012 Dausa 68

4. July 19-20, 2012 Alwar 39

5. July 24-15, 2012 Tonk 52

6. July 26-27, 2012 Chittorgarh 43

7. August 06-07, 2012 Jodhpur 62

8. August 08-09, 2012 Churu 36

9. August 17-18, 2012 Jalore 66

10. August 23-24, 2012 Sikar 41

11. August 31-September 01, 2012 Bundi 62

12. September 03-04, 2012 Banswara 60

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District Resource Persons

Alwar

Dr. Hari Shankar Goyal, Advocate, District Consumer Forum; Dr.

Rashmi, Lecturer; Shashi Tiwari, Ex Member, District Consumer Forum;

Ramdayal Meena, DSO, Alwar; Sanjay Pradhan, Officer, Weight and

Measure Department; H P Yogi, Advocate, Consumer Forum, Sawai

Madhopur; Deepak Saxena and Abhimanyu Singh from CUTS.

Tonk Abdul Aziz, Member, District Consumer Forum; Brij Bihari Sharma,

Reader, District Consumer Forum; Hari Prasad Yogi, Consumer Lawyer;

Deepak Saxena and Abhimanyu Singh from CUTS.

Chittaurgarh Girish Kumar Pandey, President, District Consumer Forum; Gangadhar

Solanki, Consumer Activist; Kishan lal Jeengar, Sarpanch, Boheda Gram

Panchayat; Rajneesh Pitalia, Advocate; Kailash Puri Goswami, Media

representative; Dharmendra Chaturvedi and Jai Shree Soni from CUTS.

Jodhpur

S R Dewasi, Inspector, Legal Metrology Department; Mahendra Aasopa

and Resham Bala, Member District Consumer Forum; Sumit Purohit from

DSO Office; Dr. Manoj Kulsreshta and Bajrang Dhayal from CMHO

Office, Jodhpur; Dharmendra Chaturvedi and Abhimanyu Singh from

CUTS.

Churu Dr. Sunil Jandu, CMHO, Churu; Ziyarat Ali Khan, Activist, Churu; Hari

Prasad Yogi, Consumer Lawyer; Deepak Saxena and Abhimanyu Singh

from CUTS.

Jalore Sohan Ram Meghwanshi, President District Consumer Forum, Jalore;

Ishwar Mehta Vice Chairman, Jalore Municipality; Madan Bohra, Social

Worker; Dharmendra Chaturvedi and Jai Shree Soni from CUTS.

Sikar Shankar Sewda; Mukesh Pareek, Bajrang Lal Sharma, Md. Aabid,

Lawyers; R K Bagaria, Weight and measure Department; Deepak Saxena

and Jai Shree Soni from CUTS.

Bundi Bhavna Raghav Gujjar, DSO Bundi; Mukesh Dadheech, Member District

Consumer Forum; Giriraj Sharma, Food Safety Officer; Advocates,

Professor; H P Yogi, Advocate, Consumer Forum, Sawai Madhopur;

Deepak Saxena and Jai Shree Soni from CUTS.

Banswara Journalists, representative of trade associations, General Manager BSNL,

activists, who were working on adulteration and other officials; Kaveri

Dutt, Dharmendra Chaturvedi and Arjun Kant Jha from CUTS.

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3. Proceedings

3.1 Overview of the Project and Objective of Training Workshops: The local district

partners began the workshop by welcoming the participants by introducing the project

objectives and objective of the training programmes. In their inaugural speeches, they

said that the workshops were to create an enabling and comfortable atmosphere for

participants to interact freely and make them aware of the existing consumer redressal

mechanism. The district partners also spoke about last year‟s project intervention in the

districts.

3.2 Brief History of Consumer Movement: The project team traced the brief history of

consumer movement in the workshop, which incorporates Consumer Protection in

Ancient India, consumer co-operatives, birth of consumer organisations, the emergence

of consumer movement and the historical speech delivered by John F Kennedy in 1962

to US Congress in which he extolled four basic consumer rights, later called „The

Consumer Bill of Rights‟ and United Nations Guidelines on Consumer Protection

adopted in 1985 and revised in 1999.

Adding to the brief history of the consumer movement, the project team highlighted

CUTS‟ intervention and contribution to the field of consumer movement and its outreach

and outcome. The participants were informed that CUTS‟ mandate is to equip the

consumers with knowledge and skills to build a strong consumer movement at the

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grassroots, through intensive training, capacity building and orientation programmes on

consumer protection issues, to create an enabling environment at the grassroots.

3.3 Introduction of Consumer Protection Act, 1986: The participants were told about the

important features of the Consumer Protection Act (COPRA) such as simple procedure;

no need of advocate; inexpensive to complainant; time-bound proceeding; quasi-judicial;

prevention of misuse; and consumer protection and welfare provisions. The COPRA,

which applies to all goods and services, unless specifically exempted by the Central

Government, covers all sectors – private, public and co-operative. The provisions of the

Act are compensatory in nature. It provides adjudication authorities, which are simple,

speedy and less expensive. It also provides for consumer protection councils at the

national, state and district levels. The provisions of this Act are in addition to, and not in

derogation of, the provisions of any other law for the time being in force.

3.4 Definition of Key Phrases: Information was provided on key phrases, such as consumer,

deficiency in services, restrictive and unfair trade practices.

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3.5 Grievance Redressal Mechanism under COPRA: The main purpose of this session

was to develop a cadre of activist networks and partnerships that can further carry

forward the lessons learned and also strengthen consumer‟s rights; make the participants

acquainted of the procedures and process of nearest redressal forum and assist the

adoption and implementation of an integrated approach to social policy, programmes and

services. The participants were provided the conceptual and theoretical base for micro-

level planning for putting forward the grievances and agony in a legalised method. It was

ensured that participants should be backed by proper information, guidance and skills in

adopting and applying grievance redressal mechanism at the micro-level.

Further, the project team detailed the steps to be taken to approach the consumer forum

for filling complaint, which includes topics “who can file the complaint in consumer

forum”, “where to approach”, “time limit for filing of complaints and circumstances”,

“time limit for appeal”, “relief available to consumers in present scenario”, “precautions

to be taken by consumers” (before, during and after purchase), “procedure for writing a

complaint for submitting at district consumer forum”, “fee levied for filing a complaint”

and “evidences/documents to be annexed with complaints”. Consequently, a simulation

exercise session was also conducted in groups, which built the confidence level of

participants.

3.6 Other Consumer Issues: Print as well as electronic media‟s advertisements are basically

meant to promote a product or a service, one does see some exaggeration in the way they

extol the virtues of the product. But, when it goes beyond that and deliberately utters a

falsehood or tries to misrepresent facts, thereby misleading the consumer, then it

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becomes objectionable and, to counter such advertisements, protest/complaint should be

filed at Advertising Standards Council of India.

On the issue of “Standards”, the project team briefed the participants about the existing

standards. They were informed that expiry date, production date, ingredients, MRP,

weights/measures and terms and conditions are part of standardisation and compulsory

for packed products.

Insurance, banking, telecom and allied services are also accountable to consumer.

Regulatory bodies, such as the Banking Ombudsmen, the Insurance Regulatory

Development Authority (IRDA), etc., have been constituted to safeguard the interest of

consumers.

3.7 Describing the tools to be used for effective action by government authorities, the Right

to Information (RTI) Act 2005 mandates timely response to citizen requests for

government information. The initiative provides quick information to the citizens on the

details of first Appellate Authorities, Public Information Officers, etc., amongst others,

besides access to RTI-related information/disclosures published on the web by various

public authorities under the Government of India as well as the state governments.

4. Open Discussion

In the two-day training programme, during open discussions, people expressed

dissatisfaction with service providers, especially the Electricity Department, Telecom

and Insurance agencies. These agencies do not respond to consumers in a positive way.

Participants‟ complaints related to PDS, LPG and water supply etc. were suitably

responded by the Department‟s representatives and/or by the project team.

5. Highlights

a. Various government department authorities attended the meetings and gave

valuable information to participants.

b. District consumer forums and weights and measures departments‟ showcased their

day-to-day activities.

c. Wide representation from each block at respective districts including women and

youths.

d. Participants expressed their desire to extend the learning of the workshop.

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6. Feedback

a. Similar specific-issue based programmes with short duration should be

conducted.

b. Expansion of consumer forums at the sub-district level so that overburdened

district consumer forum may work smoothly.

c. Local governance must be incorporated in the movement.

7. Outcome

a. There was an increase in the number of people having the capacity, skill and

knowledge to support consumer rights in the project districts.

b. Build a network of motived people belonging to different aspect, which will further

be supporting the consumer movement.

c. Core Group: A core group was literally formed consisting of activists, who have

been taking part in almost all the activities since the very first field activity in the

year 2010 and have been quite active in respective areas. The major role of this

dedicated core group would be to act as barefoot lawyer and serve for the aggrieved

consumers both in terms of helping them to redress their grievances and generating

awareness among common masses. This will help in taking the consumer movement

forward in each of the 12 districts, where this project has been implemented during

the last three years.

The core group is follows:

(i) Alwar: Shubhangi Arya, Kishan Snehi, Soniya Verma, Jagjeet Singh, Anju, Pramod

Arya, Suneeta, Meenu Arya, Bela Rani and Taniya.

(ii) Churu: Savitri, Sulochana Saini, Pushpa Sharma, Kamlesh Jangid, Kiran Lakhera,

Sarita, Manju Sharma, Suman Sen, Vinod, Gunwanti, Santosh Sharma and Tara

Sharma.

(iii) Tonk: Brij Bihari Sharma, Shanti Nama, Rajni Gwala, Pushpa Rajvanshi, Bal

Chand Sharma, Prem Prakash Sharma, Murlidhar Sharma, Hemraj Meena, Rajendra

Bairwa and Mahaveer Singh.

(iv) Sikar: Prof. J. Saini, Mukesh Sikhwal, Mukesh Pareek, Kamlesh Kumar, Rajendra

Kumar Saini, Hemant Prajapati and Om Prakash Luna.

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(v) Bundi: Rajendra Sharma, Vishal Panchal, Ram Swaroop Malav, Ramdev Gochar,

Tribhuvan Meena, Rakesh Prajapat, Lokesh Sharma, kailash Meena, Hanuman

Rathore, Kailash Gujjar, Ashok Sharma, Jeetendra Kumar Sharma, Harlal Meena,

Hareesh Kapoor, Yogesh Sharma and Rishika Raj.

(vi) Kota: Rajkumar Mahajan, Ramesh Sharma, Bhavna Sharma, Yudhishter Chandani,

Feroz Khan, Rajeshwari Nama, Meghraj Nagar, Shivraj Aheer, Ajay Kumar Regar,

Ramraj Kharwal, Roshan Lal, Heena Kausar, Mehrunisha, Banwari Lal Sharma,

Usha Vijayvargiya, Deepak Maheshwari and Sanjay Arora.

(vii) Chittaurgarh: Rajmal Patidaar, Bhagwan Lal Sharma, Shyamlal Tailor, Banshi Lal

Keer, Dilip Singh Ranawat, Jamna Lal Jat, Vishnu Kumar Kumawat, Neetu Sharma,

Kailash Puri Goswami, Kishan Lal Jeengar, Roshan Lal Mewadi, Babu Lal

Kumawat, Pushkar Kumar Sharma, Kanak Mal Tiwari and Shiv Pal Singh Panwar

(viii) Jodhpur: Deva Ram, Bhanwar Lal, Nitin Dixit, Saroj Kumar, Bhanwar Kanwar,

Sohan Lal, Indu Kumar Awasti, Dharmendra Dubey, Kirti, Luv Singh, Gaurav

Singh and Kishan Singh.

(ix) Jalore: Govind Ram Tailor, Mukesh Kumar Khandelwal, Sakla Ram Parihar,

Chagandas Vaishnav, K R Bose, Dr. Satya Prakash Sharma, Sardar Singh Charan,

Smt. Indira Bishnoi, Mohan Parashar and Dr. Rajesh Sharma.

(x) Dholpur: Karamveer Singh Parmar, Ramveer Singh Rana, Ramnaresh Tailor,

Ramvaran Sharma, Brijmohan Garg, Mukesh Sikhwal, Dau Jee Sharma, Rajendra

Singh Jadhav, Raveendra Singh Parmar and Ganesh Jadhav.

(xi) Dausa: Indra Sharma, Aashi Sharma, Ankit Sharma, Manohar Lal Saini, Sunil

Kumar Dotan, Praveen Sharma, Mahaveer Doi, Raj Kumar Meena, Deepak Kumar

Sharma and N C Jain.

(xii) Banswara: Nitesh Soni, Deepak Daundiyal, Madhu Wadhwani, Jayant Vyas,

Chetan Pratap Singh Solanki, Vipin Kumar, Mahendra kumar, Mangi lal Charpota,

Rajia Rana and Rajesh Charpota.

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Annexure A

Programme Agenda

DAY ONE

10:00 AM – 10:15AM Registration and Welcome District Partner

10:00 AM – 10:30 AM Overview of the Project and Objective of Training

Workshop

District Partner

10:30 AM – 11:15 AM Brief History of Consumer Movement

GRANIRCA

Team

11:15 AM – 11:30 AM Tea Break

11:30 AM – 12:15 PM

12:15 PM – 12:45 PM

Introduction to Consumer Protection Act, 1986

Definition of Key Phrases

GRANIRCA

Team and/or

Resource

Person/Guest

Speaker

12:45 PM – 14:00 PM

Grievance Redressal Mechanism under Consumer

Protection Act

Lunch Break

15:00 PM – 15:45 PM

Procedures for Filling Complaint, Fee and

Complaint drafting

GRANIRCA

Team

15:45 PM – 16:45 PM Tea and Simulation Exercise

GRANIRCA

Team

DAY TWO

09:30 AM – 10:00 AM RECAP SESSION Participants

10:00 AM – 11:30 AM Some Consumer Issues: Misleading

Advertisements, Standards of Goods and Services

Second Generation Consumer Issues: Telecom

Services, Electricity Services, Banking/Financial

Services, Insurance Sector and Medical

Profession

GRANIRCA

Team

Open Session and Tea Break

12:00 PM – 14:00PM Open Discussion, Some Burning Consumer

Issues, Feedback, Questions & Queries and

Suggestions

GRANIRCA

Team, District

Partners and

Participants

Lunch

15:00PM – 16:00 PM Use of RTI as Grievance Redressal Tool

GRANIRCA

Team

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Media Collage: