If you watch TV, you would have come across those ads, where a semi-hysterical voice implores you to send a text message to some number, giving the answer to the most basic of questions. Most of us blank such ads from our consciousness; others might participate by sending an SMS, only to find that it’s charged at a premium rate. But how many of us actually sit down and calculate what the channel and advertiser earn from the contest? And how many of us would think of taking the channel to court for a Rs 2.40 SMS, even if we were told that this could constitute unfair trade practice? Atul Nanda, a Delhibased lawyer, did just that.
Nanda’s calculations show that the channel earned Rs 13.92 crore from SMSes over 52 days, but the prize money given was only Rs 1.04 crore. When the Society of Catalysts, a consumer welfare organisation, took the matter to the National Consumer Disputes Redressal Commission (NCDRC), charging the channel and the telecom company with unfair trade practice, the court not only ruled against the companies but also imposed a punitive damage of Rs 1 crore, which was deposited in the Consumer Welfare Fund.
Nanda is no stranger to taking on the establishment for the greater common good. You may remember that the Reserve Bank of India, in June this year, issued a circular directing banks to credit local cheques to a customer’s account the same day or at the most the next day, and outstation cheques in 7-14 days. This was the result of a long legal battle by Nanda. Presenting his case about the violation of these guidelines before NCDRC, the lawyer argued that crores of the consumers’ money acted as a free “fund float” at the disposal of the banks. He also stated that in a year about 13,000 lakh cheques are cleared (in 2008-9, banks cleared 13,959 lakh cheques amounting to Rs 1,24,61,202 crore); even if half of these are delayed, banks earn Rs 680 crore per day. The case resulted in the RBI reissuing guidelines for banks.
Nanda represents a relatively unknown breed in the country—the consumer rights activist. They work all over the country and take up almost any cause. One of the earliest cases that consumer activist K. Kathirmathiyon of Coimbatore Consumer Cause took up involved the Railways. A passenger bought a ticket to travel from Coimbatore to Chennai by the Cheran Express. “As he bought it on the Mettupalayam quota, he was charged for the distance from there to Coimbatore. The train only travels between Coimbatore and Chennai, so why should the passenger pay for the Mettupalayam-Coimbatore distance?” asked Kathirmathiyon. The Railways had no answer.
These are just two cases; there are many unheralded crusaders fighting for the rights of consumers, smoothening the way for the average spender who has no access to the judicial system.
