Lost in the maze of aisles

Creating consumer awareness is important; Sri Lankan consumer needs to be more proactive

Marking The World Consumer Rights Day (WCRD), which falls tomorrow, March 15, the Consumer Affairs Authority is launching the ‘Reward the Consumer Week’ today. 
The WCRD is an annual occasion for celebration and solidarity within the international consumer movement. It marks March 15, 1962 when President John F. Kennedy first outlined the definition of Consumer Rights. WCRD was first observed on March 15th, 1983.

onsumers, by definition, include us all. They are the largest economic group in the economy, affecting and affected by almost every public and private economic decision. Two-thirds of all spending in the economy is by consumers. But they are the only important group in the economies who are not effectively organized, whose views are often not heard.”--President John F. Kennedy’s special message to the Congress on protecting the consumer interest- March 15, 1962
We buy a bar of chocolate which claims that the date of expiry is almost in another one year’s time. Yet, the first bite proves it wrong. We just throw it away, cursing the manufacturer and putting it down to our bad luck. 
At a hospital or a bank we may be driven from pillar to post, given misleading information by the staff and finding ourselves frustrated and infuriated. How many of us consumers who access a broad spectrum of goods and services actually exercise our rights? Seek redress when they are infringed?

Enhancing consumer literacy

Consumer literacy is still not part of the public domain in our country and with the aim of bringing it closer to consumers, the Consumer Affairs Authority (CAA) is launching a consumer week today March 14.
Nearly 100 business entities have joined hands with CAA to offer their customers special benefits during this ‘Reward the Consumer Week’ which ends on 20th March. 
“This special Reward the Consumer Week is the brainchild of the Ministry of Industries and Commerce and the Chairman of CAA.
Through print and electronic media, we made an open invitation the business community of this country- both goods and service providers, to join us and reward their customers by offering special discounts and other special benefits during this week and nearly 100 such entities have come forward to do so,” said Director Consumer Affairs and Information, CAA, Chandrika Thilakaratne. 
Among them are leading super markets, pharmaceutical companies, book shops, furniture and clothing shops, travel agencies, banks and hospitals.

"Generally speaking, the hygienic standard of food sold is below the expected standards and it is very sad that food offences are taken very lightly by our consumers"
- Dr. Wijayamuni

Business ethics

The main objective of a declaration of such a week is two pronged says, Ms. Thilakaratne. 
While enlightening the consumer of his/her rights, this initiative also propels the business community to revisit their business ethics. 
“We want to convey the message that the key to a successful business- be it goods or services is having correct business ethics in place.” 
Despite the fact that consumer affairs is a domain which impacts every citizen in the country, it is still not taken seriously by the local consumer, laments Ms. Thilakaratne who urges consumers to exercise their rights to the fullest. 
“When such rights are infringed, the consumer has a right to seek redress from the relevant entity, failing which he/she can seek the assistance of the Consumer Complaints Unit of CAA by calling on its hotline 011-7755481-2-3,”she said, adding that the CAA could be accessed at district level through District Secretariat Office.

Legislative provisions

The Consumer Affairs Authority Act defines the Consumer to be ‘an actual or potential user of any goods or services made available for a consideration by any trader or manufacturer.’ 
Goods, according to the Act mean ‘any food, drink, pharmaceutical, fuel and all other merchandise. The services under the Act covers a broad spectrum ranging from banking and finance to selling of utility services including water, electricity, gas and telecommunication. The Act empowers the CAA to protect consumers against unfair trade practices and guarantee that consumer interests shall be given due consideration and also to seek redress against unfair trade practices, restrictive trade practices or any other forms of exploitation of consumers by traders.

"Through print and electronic media, we made an open invitation the business community of this country...to join us and reward their customers by offering special discounts and other special benefits during this week and nearly 100 such entities have come forward to do so"

- Chandrika Thilakaratne 

National Programme

The Consumer Week which will be inaugurated today is aligned with the World Consumer Rights Day which falls on 15th March. The National Programme to mark the World Consumer Right Day will be inaugurated tomorrow (15th) at the National Institute of Co-operative Development Auditorium in Polgolla. This year as Director Consumer Affairs and Information, CAA explains, the Kandy District has been chosen to launch the National Programme to mark the World Consumer Rights Day and a series of events are lined up. 
“We have invited representatives of community forums such as Sanasa, Sarvodaya and many more to educate them on carrying the message of consumer literacy to the community level. We are also expecting the participation of diverse consumers at the special event on the 15th, including housewives, community leaders, religious leaders, state officials, students and undergraduates.” 
An essay competition and a poster competition among schoolchildren on the theme of consumer rights will also be launched.
Aligned with this year’s theme of World Consumer Rights Day: ‘Antibiotics off the menu’, several talks by representatives from the agricultural sector and the community health sector, are also promised to educate the audience. 
“Through these guest lecturers we intend to educate the consumer on what type of consumer decisions should be taken to lead a healthy life,” added Ms. Thilakaratne.
A notable highlight of the National Programme is the call to embrace the World Consumer Rights Day in the UN Calendar. Although World Consumer Rights Day is celebrated globally by consumer organizations, it is still not recognized in the UN Agenda and one of the highlights of this year’s National Programme as Ms. Thilakaratne explains, is an official request made by the Minister to the relevant UN authorities to give it UN recognition.

Food offences trivialised

It is also learnt that the Public Health Department of the Colombo Municipal Council (CMC) is to launch a Food Safety Week parallel to the Consumer Week during which time special inspections programmes are to be carried out. Speaking to the Daily Mirror, Chief Medical Officer of Health, Colombo, Dr. Ruwan Wijayamuni said that the biggest dilemma faced by the consumers from the public health perspective is their inability to distinguish satisfactory food from unsatisfactory food. 
“Generally speaking, the hygienic standard of food sold is below the expected standards and it is very sad that food offences are taken very lightly by our consumers.”
Dr. Wijayamuni also said that although we are one of the earliest countries in the region to have a Food Act in place, it lacks teeth in terms of implementation. 
“To get a closure of an unhygienic eatery, it takes nearly four years and 80 percent of the eateries in the city are run by not property owners but by a tenant or a lessee. Very often by the time legal action is taken, the culprit has vacated the property.” 
He urges power to be vested in selected authorities of the Public Health Department through a regulation or a gazette order, to expedite action taken against eateries. According to the statistics of the Public Health Division of the CMC, from January to the end of February this year, 138 cases have been filed out of which 116 have resulted in convictions. These include unhygienic eateries and food samples seized from groceries as well. Rs. 354,500 had been fined from these eateries and other vendors from January to end of February this year.
“Food related offences have a huge toll not only on the individual but also on the health sector,” says the Chief Medical Officer, who maintains that a mandatory grading system should be in place for all eateries and restaurants- be it street level or star class ones, so that the consumer is not at stake.

"As a responsible lawyer, I am happy with the work being done by the CAA although I feel that more public awareness can be created. Awareness is not a one-off thing, it must be continuous."
- Dr. Weerasooria

Enhancing public awareness

The current Insurance Ombudsman and an authority on Commercial Law, Dr. Wickreme Weerasooria giving his views to the Daily Mirror said that more public awareness on consumer rights was imperative. 
He commended the Consumer Week as a good example of creating greater public awareness.
“As a responsible lawyer, I am happy with the work being done by the CAA although I feel that more public awareness can be created. Awareness is not a one-off thing, it must be continuous.”
He added that many insurance complaints were referred to him by the CAA.
Commenting on Section 30 of the CAA Act which articulates that, any trader who conducts himself in a misleading manner to the consumer is liable, Dr. Weerasooria said that it was a very powerful legal provision and in other countries lawyers made use of it. 
“My request is that our lawyers should resort to this statutory provision and obtain relief for their clients.” 
The senior lawyer further said that the present law relating to consumer protection and the CAA were both sound but what was required was creating greater public awareness.