RIGHT TO REPRESENTATION BY Adv Shirish V Deshpande

RIGHT TO REPRESENTATION BY Adv. Shirish V. Deshpande Mumbai Grahak Panchayat

UN GUIDELINES FOR CONSUMER PROTECTION UN Guidelines recognize following 8 consumer rights : • Right to Basic Needs • Right to Safety • Right to Information • Right to Choice • Right to Representation • Right to Redressal • Right to Consumer Education • Right to Healthy Environment

What does Right to Representation mean to Common Man? • The right to be heard and to be assured that consumers’ interest will receive due consideration at appropriate forums. • The Right to Representation is the right which the consumers can assert in a collective or representative manner or even in an individual capacity. • This Right has application at Macro and Micro level.

How far Right to Representation Has Succeeded in India? • India, one of the first countries to adopt UN Guidelines. • CPA enacted in 1986 recognized Right to Representation. • CPA created Consumer Protection Councils at District, State & National levels for promoting and protecting consumer rights.

Role of Consumer Protection Councils • Provides platform to assert consumer grievances in presence of service providers, manufacturers / producers and govt. officials / minister. • Can lead to change in policies, formulation of new consumer oriented policies or decisions. • Can lead to grievance redressal • Can lead to system correction

Consumer Courts & Right to Representation • Opportunity for consumer activists to be appointed on Forum / Commissions. • Opportunity to represent consumers before Consumer Courts. • One consumer can represent numerous consumers.

Right to Representation under Electricity Act 2003 • Representation to consumer groups on CERC • Representation to consumer groups on SERCs • Representation to consumer rep on CGRF

Right to Representation in Telecom Sector • TRAI issues consultation papers and invites suggestions / objections from stake holders • Several consumer groups actively participate in consultation process and make their voice heard • Recent decision of TRAI to restrict TV ad duration is proof of successful consumer representation

CUTS / IDCG SURVEY • Only 23 % consumers surveyed aware about process of consultation or consumer representation • Only 28 % of such consumers participated in public hearing / consultation • Comparatively western and southern India has higher level of awareness • In rural areas, awareness was as low as 18 %

Hurdles in Consumer Representation • Lack of Consumer Awareness • Lack of funding • Lack of expertise • Lack of training facilities

Effective Consumer Representation A Way Forward • Consumer groups to focus on specific areas / issues • To ensure adequate training for consumer representation • To ensure adequate “Consumer Funding” for consumer groups by amending policies / laws • Consumer bodies to share and pool know-how and expertise

Effective Consumer Representation A Way Forward (contd. ) • Make concerted efforts to activate Consumer Protection Councils at District, State and National level • Make changes in CPA to ensure speedy, simple and inexpensive redressal of consumer complaints • Create wide spread consumer awareness for their active participation

Thank You