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AROUND THE GLOBE IN 6 MINUTES

Ten Global Consumer Trends for 2021 – The Wall Street Journal Dated: 20th January, 2021 Many of the new habits consumers formed during the coronavirus pandemic are here to stay, market researcher Euromonitor International predicts. People will expect increased activism from brands they use, new options for digital services in their daily lives, and more help in achieving mental and physical wellness. Though some of this year’s trends are directly related to Covid-19—like heightened safety concerns and demand for more open-air spaces—these shifts will continue after the pandemic wanes, says Alison Angus, Euromonitor’s head of lifestyle research. “These changes happened so quickly and have quickly manifested for the long term,” she says. Euromonitor, a global market-research firm based in London, has released its forecasts since 2010. Last year, just three months after publishing its January 2020 predictions, it revised its expectations to reflect dramatic shifts in consumer behavior spurred by the pandemic, flagging new trends like the home’s transformation into a multifunctional refuge used for work, school, leisure and exercise. It also noted the pause of other trends like previously rising privacy concerns. Here are some of Euromonitor’s predictions for this year’s big global consumer trends: #1 More Brand Activism- Consumers paid closer attention to companies’ actions during the covid-19-fueled lockdowns and will take social and environmental issues more seriously after the pandemic ends, Euromonitor says. People will increasingly demand that companies protect the health and well-being of their workforce, help local communities, and promote ambitious sustainability goals. During the pandemic, “all of a sudden the air cleared, wildlife came out to play and everything was so much nicer,” says Ms. Angus. “It’s made consumers realize that actually we want this greener, cleaner climate.” #2 Spontaneity and Convenience- People miss the spontaneous activities and impulse purchases of their pre-pandemic life—running errands, attending social events, dining out—and they want digital commerce to offer a similar experience, the market researcher says. (It also noted that younger consumers prefer digital interactions while 68% of consumers over the age of 60 prefer speaking with human customer-service representatives.) “We really want that on-the-go coffee, that walk and stop for lunch somewhere, that flexibility and ease,” says Ms. Angus. “Companies have to find alternative ways to enable that spontaneity in some form.” #3 Open Air- Even after the pandemic, people’s desire for outdoor spaces for work, events and recreation will remain strong, Euromonitor says. “Businesses need to create their own outdoor oasis,” the report says. “Adaptation might become more complicated and costly depending on the weather, but open-air structures and heating and illumination systems will pay off due to heightened demand for safe venues and the aesthetic that could continue attracting consumers.” #4 Physical and Digital Worlds- Video calls, connected appliances, smart phones, and technology such as augmented reality have helped consumers stay virtually connected during the pandemic despite being physically separated. Time spent straddling physical and digital worlds is what Euromonitor calls “phygital reality”—a hybrid where consumers seamlessly live, work, shop and play both in person and online. Offering new ways for consumers to combine digital and physical capabilities—say, personal-shopping appointments via video conferencing—will be necessary for businesses to boost sales (and collect data on their customers). Consumers quickly embraced “phygital reality” in the pandemic, but its use will remain long after, Ms. Angus says. “Our kids don’t even think about whether something has technology or not, they just expect even a stuffed toy to have interactive technology,” she says. “As those generations become older, it becomes the new normal.” #5 New Schedules- Staying home more has pushed consumers to be more creative with their time and more deliberate in organizing their daily schedules as they juggle their work, family, and personal lives. So much multitasking means that consumers now expect businesses to offer more flexibility, too. Euromonitor predicts that consumers will demand a 24-hour service culture. “As more and more consumers try to cram more into their day, they’re trying to get time back through services and products that help them do it,” says Ms. Angus. #6 Revenge Spending- Many people are distrusting of leadership and government, and bias and misinformation are feeding a crisis of confidence, Euromonitor says. That’s driving some consumers to rebel by placing their own needs and wants first. Lockdowns world-wide have led some to “revenge shopping,” or splurging, after being homebound for months, as well as seeking out illegal parties and online gambling, Euromonitor says. Affordable luxuries like alcoholic drinks, indulgent packaged food and video games are also on the rise. “Revenge spending is evident among those who can afford it or have saved money from being homebound and not going out,” says Ms. Angus. “These consumers are spending on indulgences for themselves or their homes in order to make them feel better.” #7 Thoughtful Frugalities- In contrast to those who want to splurge, another group of shoppers is suffering financial hardships from job losses and economic instability that is forcing thrifty spending behavior, Ms. Angus says. Some consumers will identify with both trends, she says, trading down on some items in order to be able to spend more on others, like affordable luxuries and experiences that boost their physical and mental well-being during this crisis. This “trading down to trade up” is an accelerating trend during the pandemic. “Thrifty yet restless consumers are reviewing and adjusting their spending to support diverse and contradictory needs,” says Ms. Angus. #8 Safety Obsessions- Safety is the new wellness movement, according to Euromonitor. Frequent hand-washing and wearing masks have become widely normalized habits, and contactless payments became more common as people shy away from handling unclean cash. “Consumers will be more fearful going forward about any future health concern,” says Ms. Angus. “I think we will care a lot about safety for a long time.” #9 Greater Self-Awareness- The global pandemic forced consumers to reconfigure their lives and test their mental resilience amid health risks, economic hardship and isolation. Now they are reassessing their priorities, identities and work-life balance, Euromonitor says.

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DID YOU KNOW? Who is a consumer according to the Law?

The Consumer Protection Act of 2019 defines a “consumer” under Section 2 as follows:  “consumer” means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. Explanation.—For the purposes of this clause,— (a) the expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.

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THE WORD OF THE EXPERT

Prof Bejon Misra on the Unfortunate and Iniquitous Indian Dichotomy in Tobacco Legislation “Merely increasing taxes on certain tobacco products is not a wholesome solution. If the laws cause discomfort to the addicted consumers, it will only push them into a more rebellious and devil-may-care stance. Why not consider educating people about the rampant harmful effects of tobacco consumption and encourage them on the path from addiction to deaddiction by once again starting the 24×7 Toll Free Tobacco Control Helpline and promoting deaddiction centres, apart from a comprehensive policy to address the root cause of ineffective tobacco law and its enforcement.  Come to think of it – Can we consider bringing in a complete ban on tobacco products – aka prohibition – where tobacco is sold only under licenses where necessary? Tobacco is a silent killer – it causes a lifetime of misery and suffering for both the addicts and their families. But will such discriminatory and knee jerk reactions resolve the issues? The government should consider better mechanisms for safeguarding public health that do not cause unnecessary discomfort to the helpless, voiceless, legitimate and addicted consumers.” Attachment: Article Dichotomy of Tobacco Amendment Bill (PDF)

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FRESH FROM THE COURTROOMS

Report on Supreme Court Judgments for the Consumers -by Law Student, Abhishek Nema This report is exclusively brought to you by an intern of Consumer Online Foundation in the form of a brief analysis of 3 judgments pronounced by the Supreme Court of India for the benefit of the consumers of the country. With a personal touch and easy to understand language, this report talks about the window of appeal in any consumer matter, the power of review of the Courts and an effect of the 2002 Amendment. Have you ever been denied your insurance because you got late to inform the Insurance Company about your claim? If yes, this is what you need to know. Attachment: Snippets by Abhishek Nema (PDF)

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AN AWARE CONSUMER IS A PROTECTED CONSUMER

RBI Proposes “One Nation One Ombudsman” Source: “One Nation One Ombudsman” approach for grievance redressal. (2021). The Hindu Business Line. [online] 5 Feb. Available at: https://www.thehindubusinessline.com/money-and-banking/one-nation-one-ombudsman-approach-for-grievance-redressal/article33760595.ece [Accessed 21 Apr. 2021]. Dated: 5th February, 2021 The Reserve Bank of India, on Friday, proposed the ‘One Nation One Ombudsman’ approach for grievance redressal, in a move aimed at enhancing consumer protection. “To make the alternate dispute redress mechanism simpler and more responsive to the customers of regulated entities, it has been decided to implement, inter alia, integration of the three ombudsman schemes and adoption of the ‘One Nation One Ombudsman’ approach for grievance redressal,” said the Statement on Developmental and Regulatory Policies. This is intended to make the process of redress of grievances easier by enabling the customers of the banks, NBFCs and non-bank issuers of PPIs to register their complaints under the integrated scheme, with one centralised reference point, it said. The Integrated Ombudsman Scheme will be rolled out in June 2021. As an alternative dispute resolution mechanism, three ombudsman schemes – Banking Ombudsman Scheme, Ombudsman Scheme for Non-Banking Financial Companies and Ombudsman Scheme for Digital Transactions – are in operation from 22 ombudsman offices of the RBI located across the country. The RBI had operationalised complaint management system portal as a one-stop solution for alternative dispute resolution of customer complaints not resolved satisfactorily by the regulated entities. “The proposed Integrated Ombudsmen Scheme combining the schemes of banks, NBFCs and Non-Bank Prepaid Payments Issuers will help in easy lodging of customer grievances and addressal. It is a step in the right direction for improving the customer service in banks,” said Rajkiran Rai, Chairman, Indian Banks’ Association and Managing Director and CEO, Union Bank of India. ‘A welcome move’ Mandar Agashe, Founder and MD, Sarvatra Technologies, said with interoperability among various payment systems on the rise, the RBI’s new ombudsman approach is a welcome move. “It’s a big step to bring more effectiveness and speed similar to one nation one card,” he said.

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Easing Procedural Complexities of Consumer Complaints

Under Analysis – Neena Aneja & Ors V Jai Prakash Associates Ltd.(2021) SC 164 SHRADDHA TRIPATHIFaculty of Law, University of Delhi The enactment of the Consumer Protect Act, 2019 (hereinafter ‘Act of 2019’) has undermarked radical shifts pertaining to consumer dispute resolution procedures including an alteration to the pecuniary jurisdiction of various Consumer fora across the country. Pecuniary jurisdiction of consumer forum relates to the jurisdiction or the competency of the consumer forum to try a dispute based upon the pecuniary/monetary value of the services/products in relation to which the aggrieved consumer has approached the concerned forum. The newly instituted criteria of pecuniary jurisdiction made a significant shift from the earlier one. A repercussion of this was the emergence of a dilemma upon the jurisdiction of these fora in respect of already pending cases and the urge to arrive at an answer as to when exactly should the newly instituted criteria of pecuniary jurisdiction be adhered to. This uncertainty has been put to rest by the Supreme Court as well as the National Consumer Disputes Redressal Commission, both having ruled upon the applicability of the concerned provisions of the Act of 2019 and Consumer Protection Act, 1986 (hereinafter ‘Act of 1986’) while deciding pecuniary jurisdiction of the Court. As per their aligned ruling Sections 34, 47 and 58, of the Act of 2019 shall have a prospective application, i.e., shall be effective post the enforcement. This implies that the provisions of the Act of 1986 shall remain in force for consumer complaints filed before the 20th of July, 2020. For consumer complaints filed prior to the 20th of July, 2020, jurisdiction of the Commission shall be determined in accordance with Sections 11, 17 and 21 of the Act of 1986. The 2-Judge Bench decision of the Apex Court in the matter of Neena Aneja and others vs Jai Prakash Associates Ltd.1, reasoned that: Sec 6(c) r/w 6(e) of the General Clauses Act provides- the right which has accrued on the date of the institution of the consumer complaint under the Act of 1986 (the repealing law) is preserved and that the enforcement of the right through the instrument of a legal proceeding or remedy will not be affected by the repeal. Thus, the conferred right to file a suit as per the previous Act of 1986 shall stay preserved with the consumer and any alterations shall not snatch the same. The Act of 2019 is silent on transfer of pending cases to the fora in accordance with the provisions of the same and therefore consideration should be given to its purpose. A retrospective application would lead to enormous hardship, uncertainty and expense for the consumer who would have to take the burden of undertaking another round of litigation from scratch, increasing their ordeals and not serving any purpose. The verdict evolved in the backdrop of mushrooming of products and services aided by global supply chains, e-commerce and international trade, thereby expanding the consumer market. Consequentially, consumers have acquired a greater access to new markets which renders them vulnerable to the ongoing menace of unfair and unethical trade practices. This when read with the intent of the legislation that seeks to provide “for protection of the interests of consumers” lead the court to declare a prospective application of the procedure, thereby digressing from the norm of retrospective application of procedural laws. Similarly, the Commission’s raison de etre (primary intention) in Ms. Narinder Chopra v. M/s. Jaiprakash Associated Limited2 has been to avoid any anomalous and absurd situation which shall eliminate method and workability in redressal of consumer complaints. While the retrospective or prospective application of the provisions of Act of 2019 was the primary issue in the above proceedings, the court acknowledged the enormous pendency of consumer cases across Indian fora demanding a speedy disposal of cases, else, preventing the legislation from turning futile. Interventions such as strengthening class action suits and adopting mediation as an alternative dispute resolution mechanism have also been mentioned by the court as essential components of the Act of 2019. This is suggestive of the legislature’s inclination to further the interest of the consumers and provide for a simpler & effective remedy to an already aggrieved consumer. The element of ‘ease of consumers’ has been noticed by the court playing a dominant role throughout the Act of 2019. The underpinned ‘consumer interest’ colouring the court’s interpretation of the Act of 2019 is noteworthy but in the contemporary scheme of facts does not reach far in the actual realization of consumer interests. Swift and speedy redressal mechanisms, man-power concerns of redressal and the infrastructural challenges ought to go beyond a mere acknowledgment towards actual rigorous transformation. Steps to ameliorate these problems need to be suggested, effectively implemented and later continued, followed & improved upon as per the need of the hour. Timely disposal of cases has a huge role in preventing consumer exploitation and serving consumer justice, as is aptly said: “Justice delayed is justice denied”. This consumer justice is not restricted to the concerned consumer-party but has a ripple effect in deterring the exploitative trade practices in the market. Delayed justice acts as a catalyst for expansion of ill-trade practices and their subsistence on account of lethargy & reckless attitude of the justice delivery mechanism. This, created psychology, can only be undercut by a rigorous overhauling and dedicated process that shall inspire faith of the consumers in the provided redressal mechanisms and uphold their interests thereby facilitating the purpose of the legislation, creating a positive impression about markets, market strategies and amicable seller-consumer relationships. Readers may refer to the table below for understanding the pecuniary jurisdiction of Commissions for the concerned goods & services: S. No Dates Pecuniary Jurisdiction 1. FOR CASES FILED BEFORE 20th July, 2020 A. District Forum– less than Rupees 20 lakhsB. State Commission– more than Rupees 20 lakhs but less than Rupees 1 croreC. National Commission– exceeding Rupees 1 crore 2. FOR CASES FILED FROM 20th July, 2020 A. District Forum–

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Ayurvedic Relief from Anxiety, Stress & Sleep Disorder

To build a natural defence against stress disorders, anxiety and insomnia, a blend of 8 herbs that have proven benefits of stress reduction, including adaptogenic herbs like brahmi and ashwagandha, is what you need. By lowering stress levels and promoting deep relaxation, such a formulationrelieves common mental health problems and improves sleep quality which is linked to elevated stress levels. Stress is an inescapable reality of modern life, giving rise to various stress disorders and anxiety disorders, including insomnia. Due to the chronic nature of these problems, patients require sustained treatment. This Ayurvedic formulation will help you to get an effective solution as they are completely natural and free of any synthetic ingredients, making them safe for regular consumption. The relaxant and sedative actions are induced by natural ingredients, which have mild effect and must therefore be used consistently to be effective. Some of the most prominent herbs used in such a formulation are as follows: Malkangani: This herb is known as Medhya (Brain Tonic or Nootropic) in Ayurveda. It has hot potency, pacifiers Vata, acts as a nervine stimulant and has anti-stress and calming effects. It is used in Ayurveda for improving concentration, alertness, and other cognitive functions. Krushna Kamal: Also known as Passion flower, it is used traditionally as a calming herb for anxiety, stress, sleep disturbances. The plant promotes relaxation and helps with agitation, anxiety, nervousness and stress. Pimplimool: The root of long pepper is used in Ayurveda to induce sleep. It improves digestion, relieves bloating, abdominal colic and thus, helps in sleep problems or discomfort caused by disturbed digestion. Sarpagandha: Also called Indian snakeroot, this medicinal plant is famous for its benefits in the mental disorders. It calms the central nervous system and reduces anxiety, irritability, and aggression. Nagarmotha: Commonly known as Nut grass, it helps in managing stress and anxiety. It is known to give a calming and balancing effect on the body. Kapurkachli:This Ayurvedic herb is known to treat digestive disorders, cardiac, debility, blood disorders, respiratory afflictions, and skin diseases. Shankhavali: Also called Shankapushpi, this herb popularly known as the “Brain Tonic”. It helps to improve memory, treats epilepsy, controls vomiting and helps to cure a headache. It also stimulates the treatment of diabetes. Ashwagandha:Also called Indian Ginseng, Ashwagandha is essentially an element or Rasayana that increases longevity and vitality. It is prescribed for arresting aging process, revitalizing the body in debilitated conditions, boosting immunity as well as treating musculoskeletal conditions. Shatavari: Derived from the Asparagus plant, this Ayurvedic herb increases the brain power and helps relieve mental stress. Jatamansighan: Also known as Spikenard, Jatamansi is a natural brain nervine tonic, a memory enhancer, and a daytime tranquiliser which has a calming effect. It is widely used to treat neuropsychiatric diseases as it helps maintain hormonal balance in the nervous system, thereby preventing seizures in epileptic patients. Brahmi ghan: Also known as Bacopa, Bramhi helps relieve stress and is therefore used as a treatment for various ailments such as migraines, Alzheimer’s disease, memory loss, anxiety, ADHD, and epilepsy, amongst others. It also acts as a daytime tranquilizer and brain cell toner. Valo:This prominent Ayurvedic herb is known for its anti-inflammatory and antiseptic effects. It offers relief from inflammations in the circulatory system and nervous system. Vekhand: Also known as Sweet Flag or Sweet Root, Vekhand treats different clinical conditions such as digestive system problems, gas, bloating, bronchitis, fever, asthma, cough, rheumatism, etc. Its rhizome oil acts as a nerve stimulant, sedative as well as an analgesic. Khurasni: Also known as Henbane or Jupiter’s Bean, this prominent herb proves to be quite effective for headaches, rheumatism, toothaches, kidney stones and liver pain. It has calming effects and provides relief from insomnia also. Note: We recommend a consultation with an Ayurvedic physician before consumption of these products as each body & individual is unique.

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Comments Invited on the AYUSH Survey Report

ANALYTICAL REPORT ON “CONSUMER’S PERSPECTIVE ON AYUSH” The Indian System of Medicine is of great antiquity. It is the culmination of Indian thought of medicine which represents a way of healthy living valued with a long and unique cultural history, as also amalgamating the best of influences that came in from contact with other civilizations be it Greece (resulting in Unani Medicine) or Germany (Homeopathy) or our scriptures/sages which gave us the science of Ayurveda, Siddha as well as Yoga & Naturopathy. Like the multifaceted culture in our country, traditional medicines have evolved over centuries blessed with a plethora of traditional medicines and practices. For More Information : Read More

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