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| Sunday, 25 April 2004 |
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Features |  |
| News Business Features Editorial
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Consumer: beggar or king ? The consumer is 'king' goes the old adage. However when it comes to practice, it is often a case of manufacturers and service providers misleading the consumers in order to sell their products and services.
This is why the consumers need to be empowered, says Gunasekera. It is the reason FOCAS and the Goethe Institut (German Cultural Centre) have issued "A Call for Pro-active Sri Lankan Citizens" by way of a consumers' public forum at the Goethe Institut auditorium on Friday, May 14, at 3.00 p.m. by Vimukthi Fernando A delicious looking cake with an attractive topping. That's what Shyamala bought on her way to party with her school friends. But, it turned out to be the flop of the day tasting stale and rotten. Yasmine bought a chicken pie from a baker of repute for her little daughter, only to find that the filling contained fungus! It was the latest ice-cream that is advertised on television that Chamath was enjoying. He could not understand why the piece of jaggery was so hard. In the end it turned out to be a piece of wood. Priyanganie still cannot forget the so-called health food (red-rice boiled variety) she bought for her diabetic mother, which turned out pale with the colour running and a waxy substance covering her hands the moment it touched water! It does not stop with the food items, but is the same with many other goods and services. The person who finds that the spray of the bottle of perfume stops working while it is half empty, the one who finds his new hi-fi stereo set is inoperative in two months as well as the person who realises that he is provided with sub-standard services during the package tour abroad on which he spent almost his entire savings, have all fallen prey to the 'tricks of the trade' if you may call it. The incidents are endless. While many a pundit and academic write research papers and participate at seminars and workshops discussing many a question pertaining to consumerism and consumer rights in Sri Lanka held at star class hotels in Colombo, the Sri Lankan consumer seems to be placid, with many such incidents hardly going beyond the immediate family circle or a few neighbours and friends. Chatting up the injustices... an informal and random survey carried out by the Sunday Observer revealed that many consumer complaints do not go beyond the immediate retailer of the product or service, due to the fact that they prefer to bear their loss than "wasting time on something you are not sure whether you will ever get." That is why a call is necessary for all Sri Lankan citizens to have a say in products and services which will determine our future life, says Leel Gunasekera, President, Federation of Consumer Associations (FOCAS). It has come forward, along with member organisations National Consumer Watch, Sri Lanka Housewives Organisation and Human Development Foundation to protect and create an awareness on consumer rights. An initiative resulting from late Dr. Neelan Thiruchelvam's concerns for consumer protection, recommendations from a field research carried out by Law and Society Trust and Institute of Policy Studies were instrumental in forming FOCUS, explains Gunasekera. It met a dire need at the time, to represent the consumer who is normally exploited, says Gunasekera. In the open market economy, the consumer is in a worse position. So many things and consumerism has to be checked. FOCAS had been instrumental in initiating the legislative process in protecting the consumer, says Gunasekera. He points out that Sri Lanka's legal system has protected consumer rights through many an authority and act. Legislation goes back to the Food Control Act of 1939. The latest is the Consumer Affairs Authority Act No. 09 of 2003, which brought together the Fair Trading Commission, Department of Internal Trade and Department of Weights and Measures under one umbrella to facilitate more effective addressing of consumer needs. The Consumer Protection Act, Fair Trading Commission Act, Environment Authority Act, Food and Cosmetics Act, Department of Weights and Measures, Central Environment Authority and Sri Lanka Standards Institution stand in between. However, according to consumers the Sunday Observer spoke to, implementation of legislation is still to be desired. More than the lack of awareness on consumer rights or the existence of a public authority to protect the rights, it is the belief that justice would not be meted out through a corrupt legal and political system and a lethargic public service that deters them. Consumers need to empower themselves in being organised. There is more bargaining power in organised consumer units in representing grievances than as individuals, Gunasekera points out. Meanwhile, the findings of the informal survey conducted by the Sunday Observer reveals that the consumer at large are ignorant of the existence of such civil society organisations. Those interviewed were not aware of FOCAS or its member organisations with an exception of one, the Sri Lanka Housewives Organisation. This reveals the need for these organisations to conduct their awareness campaigns at grassroots level. Nevertheless, FOCAS conducts awareness programmes and training for various organisations to enlighten the general public on consumer rights, says Gunasekera. FOCAS is an organisation which helps the consumer and stands for consumer rights, and on the other hand educates the trader trying to erase the image of "koota velenda" (the dishonest trader) from the society, FOCAS and its member organisations work as a mediator between the consumer and the trader trying to redress consumer grievances. Its efforts so far had been successful, he says. Their current campaign in creating consumer awareness is by way of a public forum to discuss strengthening structures and platforms for consumer rights organisations and a possible sharing of synergies with the Consumer Affairs Authority (CAA) the authority in Sri Lanka with the mandate of protecting the consumers, organised together with Goethe Institute (GI - German Cultural Centre) and member organisations. Consumers' suggestions... 1) Have a Customer Relations Officer at supermarkets 2) Make immediate redress available for defective products/services at purchase point 3) Availability of a Customer Relations Department/Hot Line at the manufacturer/importer/distributor 4) Bills to indicate item names (and not coded bills). 5) The relevant authority to random check quality of the goods and services. 6) Decentralised authority encompassing all products and services where consumers could make complaints. Where consumers can go to seek redress Whom can the Sri Lankan consumer go when hoodwinked with defective products and services? It is the Consumer Affairs Authority (CAA) situated in Colombo 3. From January 1 to April 15, 2004 the CAA had received 255 complaints, mainly falling into the categories of food and beverages, telecommunication, banking, insurance, leasing and gasoline, say sources from CAA. Apart from accepting consumer grievances, CAA's field inspection team checking on price marking, expiry date and batch number is their to ensure a better deal for the consumer. Any consumer could present his grievance to the CAA say the sources. However, CAA requires a written complaint within 3 months of the purchase of the goods or services, along with a photocopy of any relevant documents (eg: bill, wrapper, warranty, guarantee etc.) Complaints to the CAA should be addressed to: The Director General, Consumer Affairs Authority, 3rd Floor, Rotunda Towers, 109, Galle Road, Colombo 3. Fax. 11-2393496 email: [email protected] Such complaints takes a minimum duration of two weeks, say the sources. CAA deals with the traders/retailers from whom the consumer purchased goods or services. Sometimes depending on the complaint and on the attitude of the trader redress could take some time, they point out. CAA also liaises with the regulatory bodies of the specific fields to bring redress for the consumer. In strengthening the consumers, CAA is in the process of establishing consumer societies, say the sources. About 40 societies are already established in the precincts of Colombo and suburbs. Meanwhile awareness campaigns are held at various trade fairs and the general public is exposed to media releases, special announcements, advertising and leaflets of the CAA. United Nations Guidelines for Consumer Protection In 1985 the UN General Assembly adopted these guidelines, which provide a framework for governments on consumer protection. It was expanded to include the sustainable consumption component in 1999. The guidelines are intended to meet the following needs: a) The protection from consumer from hazards to their health and safety; b) The promotion and protection of the economic interest of the consumers; c) Access of consumers to adequate information to enable them to make informed choices according to individual wishes and needs; d) Consumer education, including education on the environmental, social and economic impacts of consumer choice; e) Availability of effective consumer redress; f) Freedom to form consumer and other relevant groups or organisations and the opportunity of such organisations to present their views in decision-making processes affecting them; g) The promotion of sustainable consumption patterns." Source: UN Department of Economic and Social Affairs website. |
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News | Business | Features
| Editorial | Security Produced by Lake House |
"It is not the consumer who is king but it is the large
corporations who are the kings in the economy, whatever happens is not
because the consumer wants it that way but simply because large
corporations prefer it that way," says Leel Gunasekera, President,
Federation of Consumer Associations (FOCAS) quoting John Galbraith.
