scholarly journals THREE DECADES OF CONSUMER PROTECTION OF RIGHTS ACT: RURAL INDIA NEEDS FOCUSED ATTENTION

2017 ◽  
Vol 5 (1) ◽  
pp. 376-385
Author(s):  
Amrit Patel
Keyword(s):  
Consumer Protection ◽  
National Sample ◽  
Poor Quality ◽  
Sample Survey ◽  
Economic Research ◽  
Rural India ◽  
National Council ◽  
Goods And Services ◽  
Research Survey ◽  
The Right

India has been observing December 24 each year since 1986 as “National Consumer Rights Day”, when the Consumer Protection Act [CPA], 1986 came into force on this day. Despite the implementation of the CPA has completed three decades in the country, the rural India has yet to understand the meaning of consumer’s rights & the procedure to protect the right enshrined in the CPA,1986. This has its significance because according to the National Council of Applied Economic Research survey report there are 720 million consumers across the villages and according to the National Sample Survey Organization report there are small & marginal farmers [S&MFs] accounting for 85% of total agricultural holdings in the country. It is against this background this development perspective article briefly but precisely deals with the need to create desired level of awareness among S&MFs as consumers and effectively implement the provisions of the CPA, 1986 for the benefits of farmers and women engaged in agriculture in the light of the importance of agriculture, significant number of farmers and women engaged in agriculture, poor quality of goods and services resulting into the serious issues of land degradation, inefficient use of farm resources, declining farm productivity and rate of return on farm investments.

scholarly journals ROLE FORENSIC TRADE ANALYSIS WHILE HEARING CONSUMER PROTECTION CASES

2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich
Keyword(s):  
Consumer Protection ◽  
Human Life ◽  
Poor Quality ◽  
The State ◽  
The European Union ◽  
Goods And Services ◽  
Consumer Rights ◽  
Major Player ◽  
The Right

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.

scholarly journals FINANCING SMALL FARMERS FOR INDIA’S FOOD SECURITY

2016 ◽  
Vol 4 (7) ◽  
pp. 196-212
Author(s):  
Amrit Patel
Keyword(s):  
Food Security ◽  
Urban Areas ◽  
Poverty Reduction ◽  
Meat Products ◽  
National Sample ◽  
Sample Survey ◽  
Rural India ◽  
Small Scale ◽  
Small Holding ◽  
Average Size

According to the Global Hunger Report, India continues to be among nations where hunger is "alarming". It is most disappointing that despite high economic growth, the hunger index in India between 1996 and 2011 has insignificantly improved from 22.9 to 23.7. National Sample Survey Organization data revealed that the average per capita food expenditure per annum during the period from 1993 to 2010 increased only by 0.2 % annually in rural India and declined by 0.1% in the urban areas. At any given point of time, the cereal intake of the bottom 20% people in rural India which is engaged more in manual work continues to be at least 20% less than the cereal intake of the top decile of the population, despite their better access to fruit, vegetables and meat products. Endemic hunger continues to afflict a large proportion of the population. Agricultural Census [2010–11] revealed that out of 138.35 million operational holdings in India as high as 85% (which account for 44.6% of the total cultivated area) are small and marginal farmers [S&MFs] owning less than two hectares. This, therefore, characterises India’s agriculture a small-scale-farming. Average size of small-holding is only 0.61 hectare whereas overall average size of holdings declined from 1.33 ha in 2000–01 to 1.15 in 2010–11.The role of S&MFs in boosting food output and reduction of poverty is well recognized. Therefore, the future of sustainable agricultural growth, food security and poverty reduction in India depends on creating environment that enables huge number of S&MFs to easy, hassle-free and reliable access to institutional credit. Against this background, this article analyses the performance of Government–sponsored and Banks programs aimed at financing S&MFs and suggest enabling measures to achieve 8% target of credit to S&MFs within existing 18% credit to agriculture by 2017 as recently prescribed by the Reserve Bank of India [RBI].

Households’ Toilet Facility in Rural India: Socio-spatial Analysis

2017 ◽  
Vol 11 (1) ◽  
pp. 89-108 ◽  
Author(s):  
Arjun Kumar
Keyword(s):  
National Sample ◽  
Sample Survey ◽  
Rural India ◽  
Baseline Survey ◽  
Household Level ◽  
Toilet Facility ◽  
Level Information ◽  
Development Goals ◽  
Using Data ◽  
Marginal Improvement

The 2030 agenda on Sustainable Development Goals (SDGs) highlights the importance of sanitation and sets the Goal #6: ‘Ensure availability and sustainable management of water and sanitation for all’. While rural households in India have witnessed a marginal improvement in access to toilet facility in recent decades, they continue to face high levels of deprivation along with spatial and socio-economic disparities and exclusions, which have been highlighted in this article using data from Census of India, National Sample Surveys and Baseline Survey. Determinants of households having access to latrine facility in the house have been estimated using an econometric exercise and contribution of caste-based factors of the gap in access among various social groups have been estimated using decomposition technique on household-level information from National Sample Survey data. Households located in backward regions and belonging to the weaker sections of society, such as poor, wage labourers, Scheduled Tribes and Scheduled Castes, have been found to be the most deprived and excluded. Thus, there is an urgent need to pace up the developmental efforts for rural sanitation to achieve the SDGs, along with complementary measures to focus on backward regions, weaker sections and socio-spatial position of households in rural India.

CONSUMER PROTECTION AND ITS IMPACT ON INTERNATIONAL LOGISTICS

2020 ◽  
Author(s):  
M. S. Port
Keyword(s):  
Consumer Protection ◽  
Goods And Services ◽  
Basic Rights ◽  
Right To Information ◽  
The Right ◽  
Judicial Protection ◽  
Functional Areas

The paper considers the basic rights of consumers who purchase goods and services (the right to information, the right to safety and proper quality of purchased goods and services, the right to compensation for damages and judicial protection, the right to exchange goods or return them), and also reflects their impact on the functional areas of international logistics

PERLINDUNGAN KONSUMEN TERHADAP PENGGUNAAN KOSMETIK YANG TIDAK TERDAFTAR PADA BPOM

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Triyana Syahfitri
Keyword(s):  
Consumer Protection ◽  
Drug Product ◽  
Goods And Services ◽  
Food And Beverages ◽  
Consumer Protection Act ◽  
The Government ◽  
The Right

Consumer Protection Act Article 4 letter a which states that consumers have the right to comfort, security and safety in consuming goods and / services, so that goods circulated in the market must go through an Official Independent Institution formed by the Government which functions to oversee the circulation of each drug product, food and beverages circulating in Indonesia, namely the Food and Drug Supervisory Agency (BPOM). The BPOM Code is given as a guarantee that the goods consumed are healthy or harmless if consumed. Products that have been coded BPOM means that consumers use products that have safe quality and do not endanger health. But in reality there are still many markets on the product that are without the BPOM code, for example products in the form of female cosmetics.    

scholarly journals Abject Poverty and Multiple Deprivations in Rural India Based on SECC 2011 in Comparison with NSSO and NFHS: Summary Findings Analyzed

2017 ◽  
Vol 6 (1) ◽  
pp. 67
Author(s):  
Joseph Abraham
Keyword(s):  
Rural Development ◽  
Multidimensional Poverty ◽  
Poverty Line ◽  
National Sample ◽  
Sample Survey ◽  
Rural India ◽  
Base Line ◽  
Planning Commission ◽  
Poor Households ◽  
The Government

<em>This paper analyzes latest findings from the recently completed Socio Economic and Caste Census 2011(SECC2011), by focusing on rural abject poverty and multi-dimensionality of it by the pre-set seven deprivation parameters across rural India .As per schema of SECC2011 for analyzing the various facets of multi-dimensional poverty, firstly one set of households will be excluded on the basis of 13 automatic exclusion parameters, and subsequently another set of households will be automatically included on the basis of five parameters and finally the remaining set would be subjected to verifications by seven deprivations.  Thereby, the SECC 2011 had set in motion an effort to capture some specifics of multidimensional poverty as desired by the Ministry of Rural Development (MoRD) in the Government of India.  It is surmised here that the union of automatically included and deprived households will provide a base line of the number of poor through a multi-dimensional mode. The intersection of automatically included households with the seven deprivations variables will also identify the socio economic characteristics of the   abjectly poor. Besides presenting the above analysis of SECC data, an attempt is made to compare these findings with those based on the unidimensional National Sample Survey (NSSO) poverty ratios ( by S.Tendulker 2009, C Rangarajan 2012) and multi-dimensional (R. Radhakrishna et al 2010) NFHS data based studies.  A separate set of multi-dimensional poverty numbers were arrived at in the past  for three Five Year Plans (1992-97, 1997- 02, 2002-07) through the Below Poverty Line (BPL) Censuses that were under taken by the Ministry of Rural Development (MoRD) to identify the poor households through  the State/UT Governments. These later estimates of poor households were never permitted to exceed the official poverty ratio worked out by the Planning Commission for respective State/UT governments. The concepts used to arrive at these poor households will be briefly reviewed here as a prelude to explaining the modes operandi of identifying multi dimensional poverty via SECC 2011. A committee was set in up in February  2013 under the Chairmanship of Abhijit Sen , then Planning Commission Member, to examine the SECC indicators for data analysis, to recommend appropriate methodologies for determining classes of beneficiaries for different rural development programmes. Some of the recommendations of the committee would also be put to scrutiny. </em>

scholarly journals The Law Related to Consumer Protection in India: Issues and Redressal Mechanism

2018 ◽  
Vol 13 (2) ◽  
pp. 65
Author(s):  
Sony Kulshrestha
Keyword(s):  
Consumer Protection ◽  
Daily Basis ◽  
Poor Quality ◽  
Commercial Activities ◽  
Consumer Protection Act ◽  
The Law ◽  
Quality Of Products ◽  
Definition Of ◽  
The Right ◽  
The Given

<p>Who is a consumer, always creates a new debate? A person who avails/consumes the services in exchange of the consideration is a consumer according to the given definition of consumer under Consumer Protection Act, 1986. This definition never includes any commercial activities or any re-sale or without fee transaction. We on daily basis face various MRP related issues, poor quality of products, adulteration, no bill issues and many more. Some of us raise a voice against these unfair practices but number of us always keep silence and take everything so easy. The reason behind this may be nobody has time or knowledge, when and where to proceed. The right of consumer protection only needs the awareness; awareness about the provisions, process, forums and a fair counselling. Though government has initiated number of awareness schemes which includes the advertisements on television, newspapers and in magazines, skits, workshops and various poster making competitions, still the consumer exploitation continues. In this research paper by using an empirical and doctrinal technique of research the researcher wants to highlight the area where the law is lacking its enforcement to protect the interest of the consumer. The researcher also draws an attention about consumer rights, various grievance redressal agencies, who and how can file a complaint, the jurisdiction and the format of filing a complaint. </p>

scholarly journals Regulacja prawna timesharingu w wybranych państwach europejskich

2017 ◽  
pp. 57-91
Author(s):  
Marta Romanowska
Keyword(s):  
Consumer Protection ◽  
Member States ◽  
Law System ◽  
Goods And Services ◽  
Legal Nature ◽  
Roman Culture ◽  
Material Goods ◽  
The Subject ◽  
The Right ◽  
High Level

Timeshare is a part of the process of satisfying consumer needs through the use of material goods and services. Timeshare means touristic, cyclic use of things in a concrete period of time over many years. Consumer acquires the timeshare right under a contract of a consumer character. This right is regulated at EU level and is a supranational legal relationship, when it usually involves entities from different countries. Timesharing is a legal institution which is regulated by the Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. The purpose of the Directive according to the article 1.1 is to contribute to the proper functioning of the internal market and to achieve a high level of consumer protection, by approximating the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshares contracts. Directive is without prejudice to national legislation which: provides for general contract law remedies, relates to the registration of immovable or movable property and conveyance of immovable property, relates to conditions of establishment or authorisation regimes or licensing requirements, and relates to the determination of the legal nature of the rights which are the subject of the contracts covered by this Directive. Under the definition set out in the Directive „timeshare contract” means a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation. While the Directive does not determine the legal nature of the rights which are the subject of the timeshare contracts, in the practise of Member States, there are a lot of different legal timesharing structures like inter partes or in rem ones, trust, etc. Such situation does not help in consumer protection. The timeshare Directive was transposed to the legal systems of the Members States without significant changes. As the domestic legislation after the Directive does not determine the character of the timeshare right, the constructions of it are created with some specification of a common law system, german one as well as a roman culture. In England and in Spain the most popular timeshare construction used in practice is club-trustee, while in France there is a société d’attribution and Dauerwohnrecht in Germany. Timeshare is prepared for holiday use and is associated with tourist services. It represents a preferred alternative to purchase things as a legal owner, because only performs the function of consumption and aims to provide pleasure to the consumer lessee. The law is carried out by many consumers, although at a specific time they are entitled to exclusive use of one of them. Timeshare usage allows for real use of things without exercising the duties of taking care of thing, pay in respect of its ownership taxes, or making a repair. That is why it became such a success in tourism and in the same time while not functioning in the similar structure it is not clear institution for a potential consumer.

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