CONSUMER RIGHTS
CRUNCH TIME FOR CONSUMERS
Janaka Perera calls for greater consumer protection
Today, Sri Lankan consumers are protected by the laws and regulations stated in the Consumer Affairs Authority Act No. 9 of 2003. Among them is the prevention of any measuring system except the one recognised by the state and a ban on selling items in unsuitable locations.
Such laws also prevailed in ancient times. However, a major difference between the days of our kings and the present is that punishment was stringent then and so the laws were obeyed. Also, there was virtually no deceptive advertising that lured people into buying low quality items or things they didn’t really need.
The situation today is different.
With the advent of the open economy in 1977 and the fierce competition that ensued, safeguarding consumer rights assumed more importance than at any time in the past.
Manufacturers are obliged to maximise profits. And although there are countless goods in the market, consumers aren’t necessarily aware of their quality. And not all manufacturers follow safety regulations for products such as electrical equipment, cement, LPG cylinders, switches, sockets and batteries.
Slogans on customer care and service are often displayed in various business establishments. But how truthful are they in their commitment to customers? And how successful have the authorities been in safeguarding consumer rights with regard to product quality and service?
Such questions have not been adequately addressed.
Consumer rights cover many areas but at the very top of the list are food products. Adulteration of food, and artificially coloured vegetables and fruits, threaten our health. Products of dubious nutritional value are being marketed with a promise to enhance cognition and improve stamina. But where’s the evidence? Have tests been conducted to prove such claims?
The sad fact is that unlike in developed countries, local consumers don’t feel empowered to challenge such assertions or compel manufacturers to withdraw products if their quality doesn’t reach the desired level.
Schoolchildren and university students are often victims of unhealthy food products. In a TV interview a year or so ago, the President of the Restaurant Owners Association Asela Sampath lambasted the state and school authorities for failing to provide school canteens with proper facilities and offer nutritious meals.
Sampath charged that schools were only concerned with the earnings derived from restaurants, some of which were housed in dilapidated buildings. He alleged that the food consumed at most of these canteens causes diabetes and other illnesses. The association had even complained to the WHO about this and demanded to know why the Food Act of 1980 has not been enforced, Sampath notes.
Then there are wayside eating houses where long-distance buses stop for passengers to have a snack or meal. The quality of food served at some of these establishments is questionable. Yet, passengers are compelled to have meals at these eateries because bus crews are bribed and provided free meals to stop at such places.
The situation in the developed countries is quite different.
In the US for example, the authorities regularly carry out surprise inspections. And if the quality of the food served and cleanliness is even slightly below the required standard, the establishment is downgraded.
How often does this happenin Sri Lanka? We have even read press reports of guests at some five-star hotels falling ill after consuming meals especially at functions.
Other issues include the disposal of waste associated with consumption. There should be a collective effort to ensure proper pricing and convenience of wrapping versus engineered containers – this is related to the cost of waste disposal. Therefore, product designers, packaging experts, manufacturers of wrappers, marketers, consumers and policy makers should engage in regular dialogue, to discuss the issues, consequences, ill effects, benefits and costs involved.
Another area that requires the attention of the authorities is public transport. Despite the introduction of regulations to ensure that bus crews issue tickets to passengers, some conductors of private busses fail to do so. Likewise, many three wheelers continue to run without meters.
In some parts of the island, there are sudden power failures and drops in voltage even in the absence of thunderstorms.
President Maithripala Sirisena’s recent announcement on banning the use of asbestos and polythene in Sri Lanka by the end of next year is a positive development. However, manufacturers and importers argue that without proper alternatives, the construction industry and the public will be unduly inconvenienced by the non-availability of these materials.
Consumption patterns are changing rapidly today. The need for an organised movement to protect consumer interests is greater than ever. This is imperative if we’re to ensure the health and wellbeing of present and future generations.
Consumer protection is well beyond the value for money, where health and safety are prime concerns. Leave alone falling sick after consuming meals at a grand event in a five-star or luxury hotels, agents for certain up-market automobile brands for Sri Lanka are unable to provide servicing or repairs to their vehicles accordingly. This is due to scarcity of technical expertise and not deploying the experienced services technicians.
Prevention is better than cure. Protection is better than detection. Why wait for incidents to be compensated only by insurance policies? Health and safety objectives of organisations should be regarded as ancillary services and complementary for consumer protection. Accordingly, health and safety audits can be linked to outcomes that are associated with consumer protection.
From the perspective of businesses, it is said that customer is the king, and delighting them prosper business and boost goodwill. On the other hand, customers do not have a say to this extent, when they are adjudged as consumers, who turn out to be technically poor as far as ‘consumer protection’ is concerned.
An average consumer can notice an influx of messages in their mobile, on product and service promotions as notifications – this is without subscribing to such services. Sending such notifications without the consumer consent are unethical.
Many of the durable consumer goods, such as electric devices are not sold under the guidance of technically backed sales personnel. You will notice that ‘after sales’ services in many sellers are not providing customers the attention or concern, in a welcoming demeanour it used to be at the time of the sale. A sales promotion phone call is answered eagerly whereas a call regarding a complaint is bound to carry a voice not so welcoming. As such, it turns out for consumer dissatisfaction.
In an era of customised markets, rapid changes to manufacturing technology and breakthrough products, consumer protection becomes further crucial. Consumerism needs knowledgeable consumers as well as watchdogs.
Of the multiple roles we play, the consumer role is more frequent. Nevertheless, it is the same rights that we lack awareness for.
In many supermarkets that we patronise from convenience to grocery shopping, the revised prices are not marked in the product itself. Thus, we are alert of the price discrepancy in the bill and find out that the price has been increased. Some products of similar category and standard carry price discrimination. This is common for meter taxis as well, where a ride to the same destination in a similar traffic condition, a rider may get two different taxi fares. So we can easily question where these falls within the net of consumer laws and where we, as consumers stand in terms of protection.
In terms of operating of canteens, the government school and universities are worst affected; for these, food hygiene may be a petty concern. Canteens are housed in old buildings of schools, without proper electricity and water facilities, for storing and hygiene. Most way side boutiques in large towns are not without eateries, when you pass them by, you can sense the smell of the unclean premises. What is notable is that such places are patronised by people who are of poor hygiene habits and those who care the least about food hygiene. It is often claimed that it is not how the standards are maintained but it’s about bribing of PHIs (Public Health Inspectors), which is not a surprises for a country with a corrupt administration culture.
Unhealthy products are showcased as posh and trendy products that are suitable to consume. Energy drinks are one such product banned in many countries, but which targets the youth in Sri Lanka and comes at a certain price. Banning of certain essential consumer goods such as asbestos roofing is to be followed by an introducing a substitute of non-harming nature.
As such, consumer rights call for not only awareness and regulation, but to be supported with proactive preparation, extensive research and testing.