CONSTITUTION OF CONSUMER MINISTRIES IS NEED OF THE HOUR FOR SUCCESSFUL IMPLEMENTATION OF FOOD SECURITY BILL & REAL ESTATE REGULATION BILL ETC.

About 15 years from now, there was a discussion in the meeting of Akhil Bhartiya Grahak Panchayat, an all India based consumer organisation. Subject was that consumers interests comes under the ambit of different ministries i.g. Oil & Natural Gas, Surface Transport, Agriculture, Finance, Power, Telephone, Railway, Civil Aviation Food, civil supply etc. etc.. How a minister given additional charge of consumer Affair ministry along with Food and Civil Supply can safeguard the interests of consumers. This minister neither have any powers to interfere with the working of other ministries, where consumer interests are at stake. Nor have any machinery to look in to such a vast task at district level and beyond. This minister handles all its activities with the machinery provided to him for food and civil supply. If one look in to the effectiveness of this machinery, one will be able to gauge very easily, that what kind of service this machinery is able to provide huge base of consumers. Actually they provide nothing. That is why whole purpose of Consumer Protection Act is defeated, now a days consumer justice machinery, which had started with great fun and fare, cheap justice, speedy justice is reduced in to a complete legal courts, which was incorporated as a forum, with two members from the social work experience. Which are suppose to mediate between Fora's and consumer after realizing and understanding actual problem consumer is facing. Have started behaving like boss'es of a judicial system. Now a days Consumer is afraid to approach these forums, because of complex-ed legality. No matter can be moved forward in absence of a lawyer because of complex-ed legality. Matters are pending for years together. Where is the promise of cheap and speedy justice in THREE month's time. Doe's all those who advocate the idea that it is impossible to deliver judgement with in Three months time, means that all those worked out this enactment and passed this Act. were fools. There are states like Maharashtra, who have issued TUGHLAKI FARMAN'S of more then 40 odd points, a consumer have to compile it before filing a complaint. It has become impossible for Consumer to approach these fora's at his own. The machinery involved in issuing such orders is working at the behest of some individuals, want to reduce this noble and golden act in to ashes.If you go through the soul, definitions and purposes of this enactment, as expressed at various occasions by Justice B V ERADI, first President of National Commission. You will realize, that we are proceeding in opposite direction,not able to keep and maintain promises, given to the consumers of the country by this Act. ministry of Consumer affairs of Center and state have no role to play, except look in to the daily affair of administration of the Fora's, constituted under the Act. This situation is not only with the consumer Protection Act, but where ever consumer protection mechanism is provided it is working in the same style.

Grahak Panchayat workers were discussing ways and means with which Consumer Protection can be given proper shape in India. One of the important point of discussion was to make independent Consumer Ministry, and that it should entrusted with the powers to interfere in to the working of other ministries, where ever consumers interests are at stake, both at center and state level. The minister and department should have extended wings at commissioner and Collector at District level. Need not to say that these officers will have full backing of powers and staff, to take care of consumer interests, in their jurisdiction. Most of the matters will get resolved with the interference of these offices, and the rare one's will only go to the Fora's for solutions. This is going to reduce burden on the Fora's. One can say as it was said that the idea is premature. It may be, we can develop it.

It is on vital importance, how this wide idea, with cost and manpower can be accommodated. If you look at the present scenario, various consumer protection mechanism are in existence in the country but these mechanism's are working in the fragmented position's. The working of these institutions is not different from that of consumer Fora's. Electricity regulatory board have the work of only increasing tariff on the frequent requests of companies. SEBI remains mute spectator when any one comes and gulp crores of rupees of the consumers by floating a chit fund company. In short we have inefficient mechanism of consumer protection in the country. This mechanism is only helping in increasing the grievances of the consumers. Then why not dissolve all these machines of consumer protection or rebuilt them properly. So that all these machines can take care of consumer protection effectively. These machines are constituted so that it can also take care of any mechanism developed in future for consumer protection or welfare. Presently we have number of  Regulatory Boards, judicial systems and many more are going to be constituted in the time to come. Because many more new legislation's are in the Que, for the welfare of the consumers along with full fledged machinery right from the center to district level, be it FOOD SECURITY BILL or REAL ESTATE REGULATION BILL. All these new mechanism required to be created for the welfare of the consumer,with its roots and control at different levels. All These systems if accounted together, have a big cost, which government is already paying, in-spite of this heavy expenditure of the government it is proving ineffective, unable to give due to the consumers of the country, in time, with minimum cost, as promised in these legislation's. Though we are giving more and more powers, security to the consumers. We are unable to achieve desired result. Instead we are proceeding in the direction where all these systems will collapse. It is high time we should start not only thinking but proceeding in this direction by dissolving or bringing all these mechanism's of consumer protection, under one roof. This will start a new era of consumer protection in India.

It is high time to think in the direction of constituting new independent Consumer Affair Ministry at center and state level, with all the powers to interfere or suggest to all other such ministries, where ever consumer interests exists. All mechanism of  consumer welfare, consumer justice i.g. Regulatory boards, judicial or quasi judicial fora's, should be brought under its control, Consumer Secretariat should be constituted at center and state level. The post and departments of Consumer commissioner and Consumer Collectors should be extended up to district level in the country. These officers should be given powers and machinery to handle with all consumer related complaints in connection with food security bill, real estate bill, telephone, electricity, transport, consumer exploitation in the market, financial, railways, water, services provided by the local authorities etc. etc. MADHYA PRADESH is the first state, given node to this idea. Chief Minister Shivraj Singh Chouhan, in a meeting with the office bearers of Grahak Panchayat given node to this idea. And it is in the process.

The system constituted so, will not only be in the easy approach of common consumer, but it will provide speedy and cheap remedy to the consumers in finding the solution of their problems. It will have a check 

 on the financial burden on the center and state as they need not to constitute different mechanism for different kind of problems, furthermore it will accommodate all remedy mechanism of future also. A large mechanism already exists, only government have to reconstitute.  It is high time to develop this idea.    

FOOD SECURITY BILL, ERADICATION OF STARVATION IN INDIA

After a wait of 63 long years. Government is thinking of taking responsibility of feeding its starving people. The word thinking, I am using here knowingly. Because as wide is the ambit of the food security bill, more then that is the process and procedure. How government is going to implement it. Implementation part is raising so many doubts. Looking to the credibility of the government, its agencies and contractors, it looks almost impossible. It is almost sure that after a span of 3-4 years we are going to listen the same thing, starvation deaths, undernourishment, Corores of rupees are gulped by those who were entrusted responsibility of its implementation. It is really tough. We have experienced miserable failure of FDS. It is the same government who was crying, for the amount of subsidy in this head. It is really eighth wonder of the world, the same government, the same head of the government, with thorough knowledge of economics is ready to share this burden of subsidy, going to cost Rs. 3067 Corores.  Even then the ambit and provisions of the bill are going to have such a wide impact on the majority population of the country, that no political party can dare to neglect it. Yes it is prime duty of any government to take care of primary needs of its people, in these primary needs, food security comes at first. It is important for any government to save its poor masses from the effect of inflation causing starvation.

How ever it is important to see, how provisions of this proposed bill are going to be implemented. It needs lot of home work. Any haste in this direction is ultimately going to ruin poor masses who are going to be most benefited. Because failure of the bill will give rulers of the country an excuse to say that such type of experiments are not fiisible. And it will put a break on other so many issues, required to be implemented in future. This bill, how ever good and important it may be, have several social problems hidden in it. It is also time to gauge and look for solutions of these problems. It is not the question of any particular political party. It is a national issue. Needs to be handled with care. Not only all political parties, but social organisations also have an important role to play in successful implementation of this bill.

Coming to the provisions of the bill, states have a mega role to play. Almost most of the burden is transferred on the states. Right from procurement of food grains to storage of it, transportation and distribution is going to be another big work of the states. The success of the bill is largely depend on states, they have to bear 30% cost, rest 70% cost is born by the center, state- center relationship will play a major role in it, apart from it state have to recognize 46% to 90% population in the rural and 28% to 90% population in the urban area, they have to maintain record of it and to distribute food grains to it. Only distribution of the food grains is not the only duty to be performed by the states, beside several other measures require to curb starvation and undernourishment states have to play a role in making arrangement of distribution of cooked meals. This cooked meal is to be distributed to the homeless population. Major issue is that several states are providing food grains at subsidized rates to the people presently. And these schemes of the states have provoked center to bring this legislation. What will happen to these schemes. In fact it is not and should not be the matter of taking credit for any political party, it is primary duty of, not only the state but also of every well off citizen to get such type of scheme implemented successfully. It needs lot of discussion and ground work. Which is absent. 

Don't know whether these various problems and their solutions are also in mind, while proceeding for this bill.

Because implementation of MANREGA got some criticism, of not finding laborers. Though these problems can not be an excuse for implementation of poor pro schemes, but balance should be maintained. This is not in vision. What will happen to the industries and other productive work fields. Will they continue to receive work force, at their work place. If YES at what cost. How this is going to effect growth rate, GDP of the nation. We all are aware of the beggars population in the country, how this population is going to behave. How our leaders will  understand that It is not a subject of 2014 elections, but connected with the eradication of starvation from the land, which is a great social abuse to any nation. Needs to be addressed jointly. Present circumstances are only indicating, half hearted efforts, probably with a view, that we are not going to come in power in 2014, why not create big hurdles for those coming to power. Believe it or not, preparations of the government in connection with this bill is the indication, that the regime for the political party coming to power is going to create havoc for them.  

 

REAL ESTATE BILL NOT SHAPED PROPERLY

Real Estate Regulation Bill discussed in cabinet meeting is just an eye wash, without teeth and incomplete legislation as it appears from the draft of the bill. Though it is a replica of Consumer Protection Act, it is going to increase miseries instead of protecting interest of the consumers. It seems that the bill is brought in haste, several important points are not covered in the scope of the Bill. Lot of amendments are required in the draft Bill, if govt. really want to look in to the 

grievances of the consumers in reality estate sector. Role of consumer organisations is completely ignored in this bill. Whereas they should have been given weightage over individuals. We Akhil Bhartiya Grahak Panchayat with a large experience in the field know, how the consumers are getting cheated. We are not able to see, solution of those problems in the bill.

Definition Section 2 of the bill, is unable to include consumer organisations as a person. Now a days only consumer organisations are helping consumers in getting reliefs, either by mutual understandings or in the consumer courts. 

Important role of consumer organisations can not be ignored, it should be included as a person in definition section.

Similarly "DISPUTE","COMPLAINANT" & "COMPLAINT FILING PROCEDURE""CONSUMER ORGANISATION is absent from this section 2, are not defined. And is a must,  who and how one will go before regulatory authority is in dark. The definition of above mentioned words is necessary.

Section 15(1)b of the Bill deals with the case of failure of the promoter in giving possession or flat/building to the consumer. Remedy is given that the promoter will refund the amount with interest. This open ways for the promoters in getting rid from the consumers, in today's market, where prices in the reality sector are on the rise every day. Promoter will not be pained in refunding money with the interest. But poor consumer have to forget, purchasing any similar accommodation, because of escalating costs. The promoter should be made liable to give similar accommodation to the consumer as he has booked or possession of the plot should be given to the group of consumers of the dwelling unit, so that they themselves can get their apartment constructed, at proportionate cost. 

Section 19 is about, who can become member of the authority. All government servants are excluded except secretaries. Why secretaries, it should also be deleted from this section.

Section 30 is about amicable solutions. Consumer association having experience in the field are ignored, instead appointment of persons, officers suggested. Consumer organisations like Akhil Bhartiya Grahak Panchayat has sorted out thousands of disputes, till now amicably, even when this act is not in existence. Consumer organisations can play a great role in this field. Therefore role of Consumer organisations should be inserted in this section, with a remark of giving them preference over others. Definitely care should be taken in selection of the consumer organisations with credentials. It is also important to give preference to organisations over individuals, because involvement of organisations will restrict malpractices.

Section 48, constitution of advisory council, participation of consumer organisation is also not addressed properly in this section. Five bodies are selected to give 10 members, participation of consumer organisations should be increased here also.

Again section 50 penalties clause is unable to accommodate, alternative accommodation of similar description in similar area, it should be included.

The draft is approved by the cabinet, needs much more corrections, other then discussed above. It will be better if a group discussion is organised before introducing it in parliament. Suggestions should be asked from different segment of the people.