|
|
|
  |
| Sunday, 8 May 2005 |
 |
|
 |
Features |  |
| News Business Features Editorial
|
Ombudsman column by the National Consumer Watch Constant vigilance Consumer Watch is pleased with the public reaction to the comments made in the columns of the Sunday Observer on matters relevant to consumers. So far we have dealt with increasing the awareness of consumers who purchase articles from Department Stores and other purchasing centres. We have also referred to the pitfalls that can tempt the unwary public when reading or seeing advertisements. We have received an observation from a concerned reader of our column who states that he was impressed by the article on the subject of 'Truths in Advertising' published in the Sunday Observer of April 24, 2005. This reader has gone to the extent of looking critically at 25 advertisements in the Sunday Observer of April 24, 2005 which he thinks have been designed to attract the public to buy things or to take certain educational courses. We are gratified that he has taken the trouble to categorise and classify these advertisements into class-oriented advertisements, bargain and value laden advertisements. It is only when the public begin to look at advertisements with a critical eye that one can try to glean the truth behind what goes as the "tradesman's puff". Vigilance While conceding that an advertisement must be attractive to the eye and appealing to read its contents the public should learn to dissociate the fat and take into consideration only the 'lean'. This necessarily takes time but we are confident that the attempt that we are making now is already beginning to bear fruit, judging by the public reaction to our comments. However, ours is a long journey and a continued one. A few days ago a motorist had gone to a petrol filling station and wanted Rs. 1000 worth of petrol. The pump attendant had punched the necessary figures, inserted the nozzle of the pump into the opening of the petrol tank and locked the controlling handle of the pump. The meter started working and till the meter is read over Rs. 1500 the attendant, whose attention was distracted by some other matter, failed to realise that he had over pumped the petrol to the value of Rs. 500. The plea from the attendant that he will have to pay the management the excess Rs. 500/= was looked on with sympathy by the motorist who had of course got the benefit of the extra petrol into his tank. Fortunately, he had enough money to pay the extra value of the petrol. This again shows the need for constant vigilance in making any purchase. Instances are not yet uncommon where price marking of things is not strictly adhered to even in Super Markets. A mere label fixed to a counter does not give adequate information. Conscientious management should have no difficulty in price marking each package rather than finding an easy way out of fixing one label for several parcels of goods. Deficiency The concept of what can be referred to, as deficiency in consumer service is a subject matter for litigation in other countries. There are complaints made under the consumer protection legislation of those countries. Questions have been raised as to who is a 'consumer'. The tendency has been to give the 'consumer' the widest possible interpretation in keeping with the spirit of the Law. Similarly, the concept of 'service' tends to receive a wide interpretation, as the purpose of the Law is to protect the public. Under the Consumer Affairs Authority Act No. 9 of 2003 a consumer is defined to mean "any actual or potential user of any goods or services made available for consideration by any trader or manufacturer". The attention of the reader is drawn to the fact that it is not only the actual user who is a consumer. The definition is wide enough to cover the potential user as well. Further, the user could be of material things like 'goods' but the definition is wider than that, and does not limit a consumer to only an actual or potential user of material goods. It includes the actual or potential user of services as well. The term 'services' also finds a definition in the above legislation and services means a service of any description which is made available to actual and potential users and includes banking, financing, insurance, shipping and entertainment. It includes construction, production, manufacture and maintenance. Further it includes the transportation of goods and passengers, the cleaning of buildings and building premises, the sale and supply of any utility services including electricity, water, gas and telecommunications. It is wide enough to cover information technology and communications. An aspect which came in for some comment at the time the legislation was passed was that the term 'services' is wide enough to include professional services such as accounting, auditing, legal, medical and health, surveying, architecture and engineering under this definition which is extremely wide. Where the services listed above (although the entirety of the definition is not referred to above) are made available for a consideration by any trader or manufacturer then a person becomes a consumer if he is an actual or potential user. The Law covering the question of deficiency in service has been the subject matter of complaints by consumers and has been defined in relation to a whole range of services such as housing, airlines, banks and insurance. What is important to note is that every member of the public is in one way or another, a 'consumer' of a service that is offered by institutions or an individual. For instance the recent case of a lady whose leg was amputated by mistake is clearly one of deficiency of service to say the least. So too driving a motor vehicle and causing an accident resulting in death or injury is clearly one that falls within the category of deficiency in service. This does not mean that in the above instances there is no criminal negligence. However, at a lower level a shortcoming in an expected service should excite the interest of the public in order to safeguard its own interest by being constantly vigilant. The message of Consumer Watch is therefore the need for constant vigilance. We have also decided to invite concerned members of the public to join the Consumer Watch to propagate this message of constant vigilance and to assert the rights of the consumer. We intend, in due course to issue membership cards to the members so that they can, when they identify shortcomings in service take it up immediately with the immediate service provider and also bring such shortcomings to the notice of the public. The message of consumer watch is - 'Constant Vigilance is the duty of every consumer'- Please send in your comments to Consumer Watch, 143A, Vajira Road, Colombo 5.
|
|
| News | Business | Features
| Editorial | Security
| Produced by Lake House |
