Janaka Perera says public awareness is vital for consumer protection
Customer care is, no doubt, the most important part of any business. However, to what extent the related laws are enforced in Sri Lanka remains a moot point. Although Sri Lanka was among the first to recognise and enact consumer laws in Asia, it does not have a consumer protection movement or proper government body with adequate powers to protect consumer rights.
The island’s only consumer interest protection body, the Consumer Affairs Authority (CAA), appears to be relatively toothless legally, according to some critics. The CAA’s objectives include protecting consumers against the marketing of goods or provision of services which are hazardous to the life and property of consumers; protecting consumers against unfair trade practices; seeking redress against unfair and restrictive trade practices, or any other forms of exploitation of consumers by traders; and ensuring that, wherever possible, consumers have adequate access to goods and services at competitive prices.
Consumers are duped mainly at wholesale outlets, where they purchase large stocks, and by mobile vendors. During festive seasons, customers may end up buying defective toys that prove to be disappointing to parents and children alike. Although bargains are available, a handful of cheats can trick unsuspecting customers.
The CAA’s limited power and resources raises the question of how much the institution can do to protect consumer rights. Although the country’s civil society organisations have been involved (sometimes, controversially) in political and environmental issues, they have not shown much interest in consumer rights protection.
However, since of late, the authorities seem to have woken up to the problem, judging by the seizure of date-expired food and medicinal items, products that are unfit for human consumption and contaminated cooked food, following a series of raids on wholesale and retail food storage facilities, restaurants and eateries. During Vesak, the health authorities also inspected a number of free food outlets (dansals) across the country.
One recalls a newspaper cartoon about a little boy pestering his grandmother to take him to see a pretha vimana (the abode of ugly, human-like beings who live on filth and muck) shown on Vesak pandals, as described in Buddhist literature. The grandmother agrees, and takes the grandson to show him the filthy kitchen of a nearby eatery that is swarming with flies!
Among the worst offenders are those who run wayside restaurants and eateries on long-distance bus routes. Their owners are in collusion with
bus crews, who are provided free meals for bringing the buses to places where passengers have no choice but to have their meals in, however unclean they may be. There are also allegations that certain food inspectors are guilty of colluding with those who run these eateries and restaurants.
bus crews, who are provided free meals for bringing the buses to places where passengers have no choice but to have their meals in, however unclean they may be. There are also allegations that certain food inspectors are guilty of colluding with those who run these eateries and restaurants.
The lack of public awareness is also a hindrance. Many consumers don’t know what their rights are, when they make a purchase. Producers and traders take advantage of this, to sell any product – even if it’s substandard or unhealthy – without fearing legal action. Several instances of the sale of contaminated bottled water have been detected in the recent past.
We see products of questionable nutritional value being marketed as enhancing cognition, improving stamina and so on. We’re bombarded with such advertisements through the media, although one doubts if any valid evidence exists to support their claims. Individual consumers do not have the power to challenge these questionable assertions and practices. Collective action is needed, and this has to be organised.
Consumer awareness involves more than the checking of a product’s expiry date or brand name. People must act at the group or movement level, to urge the Government and regulatory authorities to draw up and evaluate policies relevant to consumer rights, and pressure sellers to follow policies as well as laws and regulations. Good governance is essential to ensure law enforcement relating to consumer rights and protection.
An informed public demanding higher standards, quality and performance, together with consumer groups, have to be active and vigilant. This is a tough call, since we cannot necessarily expect or depend on private companies to police themselves, to protect consumers.
Laws can be circumvented and dangerous substances introduced into the food chain and the environment. Apart from ignorance vis-à-vis harmful effects, many giant private corporations often suppress information about their products – examples include tobacco, alcohol, food additives and fast food with high salt or sugar content.
We need to take a cue from developed nations and regions such as US, the UK, the EU, Canada, Australia and Japan, where the ‘customer is the king.’ These countries have strong consumer protection authorities, and the public are aware of their rights. They also have consumer protection movements which lobby and exert pressure, if and when state-led consumer authorities aren’t doing enough.
