Misleading Ads: Fleecing Consumers

 

Most of the product advertisements in India are misleading and is targeted to trap consumers. By the very definition, the product advertising is a paid promotional communication that attempts to induce consumers to purchase a product. Communication channels utilized for product advertising include television, radio, print media, websites, social media, and billboards.

As a consumer have you ever thought how misleading are most of the ads and how these are burning a hole in your pocket. For example, most of the RO water purifier don't reveal that its filter system has to be replaced periodically and it costs as heavily as Rs. 4000 per year. I learnt this hard lesson after installing Kent RO water purifier. "Dream Girl" and actress-turned politician Mathura BJP MP. Hema Malini is the brand ambassador for this product. The purifier costs more than Rs. 16,000 and annual replacement of filter and other installation is Rs. 4,000. By this cost, you will have to shell out Rs. 20,000 in five years for running this filter. Its, indeed, very high. Had I known this earlier, I would have never installed this RO. Earlier, the Hindustan Lever non-RO water purifier was costing some Rs. 1000 annually for replacement of filters. This is just one example. Almost all branded products are indulging in misleading ads.

Worst, Yoga guru Ramdev, the iconic figure is in the forefront and his Patanjali is often in the news for violating advertisement code. Between 2015- 2017, the Advertising Standards Council of India (ASCI) found more than 500 instances of advertisements in electronic media that were making misleading, false, and unsubstantiated claims. ASCI also found that 25 out of 33 advertisements of Patanjali Ayurved violated the ASCI code.

The watchdog had rapped Patanjali Ayurved for “false and misleading" claims in its various advertisements, including for its hair oil and washing powder brands. The watchdog has ruled that the advertisements of the group associated with Yoga Guru Ramdev “unfairly denigrates" other products in the market.

The Consumer Complaints Council (CCC) of ASCI has also upheld complaints against advertisements by Johnson & Johnson, Amazon and ITC, among other companies. In March, 2016 alone, the CCC received 156 complaints, out of which it upheld as many as 90 complaints, terming them as “false and misleading". The upheld complaints included 32 in the education category, 30 in the healthcare and personal care category, and further 10 in the food and beverages category.

Section 2 (1) (r) of the existing Consumer Protection Act 1986 clearly states that the practice of making any statement, whether orally or in writing or by visible representation which falsely represents that the goods are of a particular standard, quality, quantity, grade, composition style or model; falsely represents that the services are of a particular standard, quality or grade, falls under unfair trade practices.

Remember how Patanjali's 'Coronail kit' sparked massive debate over its efficacy to prevent coronavirus last year. Despite the AYUSH ministry approving the Patanjali's Coronil for the treatment of coronavirus, the World Health Organisation disapproved it. It was a clear case of favoritism. Thereafter we didn't hear anything about this kit.

Despite all this the Indian advertising industry is the second fastest growing advertising market in Asia . It is estimated that the share of ad spend in India’s Gross Domestic Product (GDP) is around 0.55 per cent.

The Indian advertising industry has grown to the size of 75,952 crore by the end of 2020. It is seen to grow at 11.83% CAGR to reach a market size of Rs 133,921 crore by 2025.

Print media contributes a significant portion to the total advertising revenue, accounting for almost 41.2 per cent, whereas TV contributes 38.2 per cent, and digital contributes 11 per cent of the total revenue. Outdoor, Radio and Cinema make up the balance 10 per cent.

In a free-market economy selling cost constitutes the heaviest part to the total cost. The selling expense-to-sales ratio is between 25 percent and 30 percent of net sales. For a business-to-business cataloger, this critical ratio ranges from 15 percent to 20 percent of net sales.

That's why Chinese products are cheaper than Indian as selling cost of Chinese products are much less despite higher wages there.

Now the question is how to protect yourselves from false product advertisements. Though consumers can sue for damages to recover money they paid for a falsely advertised product and court can issue a cease and desist order, requiring a company to stop distributing a false or deceptive advertisement, but its a cumbersome process. Companies are better placed in this matter with rich resources. Here a consumer is at the receiving end. All that is needed is awareness.

(Chander Sharma)

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Putting Elderly To Corona Risk

Nothing is more atrocious, barbarous and inhumane than spoiling the sleep of people at night by holding so called 'Jagrata' with high-volume music and religious songs that too when threat of corona looms large and  curfew has been clamped  officially . And if it is officially-permitted, the situation is more alarming. This is what happened the other day in Omega city- a residential colony near Khanpur in Kharar, Mohali where I happen to live. 

On Thursday from morning to late night (3 AM), a gathering of more than !00 people enjoyed a lavish birthday party and than a "jagrata" through out the night. And when there is a "jagrata", the safety measures like social distancing and wearing masks are thrown to the winds. What is worse, this is the second time during the outbreak of  corona that "jagrata" was officially allowed to be held that too amid night curfew. All through the night I and my family couldn't sleep due to noisy celebrations.         

The curfew has been effective in Mohali district from 9 pm to 5 am till April 11. Under curfew, no gathering or holding "Jagrata" is allowed. But rules are meant for those who honor them. And those who flout the rules. only strict action is needed.

To me  a "Jagrata" is nothing but a show-off for sadistic pleasure. Its a street or galli-mohalla culture where its free for all as there are no rules and regulations. But a residential society having rules and regulation and elected body, flouting official guidelines is an offence. 

Now the question is where was the administration or the agency responsible for enforcing the curfew and corona guidelines? How is that police or other concerned authorities didn't come to know that a "jagrata" with large gatherings was being held? Its too bad.

It is the carelessness and blatant flouting of rules that are responsible for surge in corona cases. As has been reported, the second surge in corona cases is due to people abandoning the corona guidelines. Most of the people in Kharar market walk past without wearing masks and maintaining social distance and police is nowhere to be seen.

My concern  is that elderly people (70 plus) like me are put to corona threat by sheer misadventure of neighbors and lack of concern by the people around them. Despite being very careful, you can't protect yourself if there is a threat of corona around you. And this "jagrata" is a case in point. For three days, we were put to corona threat by allowing the party and "Jagrata". We are four elderly couple in eight flats and all of us feel helpless when such things happen. "Jagrata and party are not more important than residents' safety.

Hope good sense prevails upon the builder and no such gathering is allowed in future. Authorities need to take cognizance of the lapse. Its a serious matter.

(Chander Sharma) 

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Sweet N Sour: Splurging Public Money

31st March in India is the last day of a financial year and there is a huge rush on this day to exhaust the unspent money. A financial year in India starts on April 1 and ends on the March 31. As such no department wishes to carry over the unspent budgetary money to next year as it is considered as surrendered. In order to exhaust the budget, departments would buy expensive fixtures, furniture and even vehicles not urgently required. And surprisingly , the finance department- the custodian of public money- would easily give the permission.

While in govt service I often wondered why there used to be so much of rush to spend public money on extravaganza and how public would benefit from the extravaganza. The practice is still prevalent there though state govts are now cash-strapped. But the practice of splurging public money hasn't ended.

There is so much of rush for spending budget that state-run banks, particularity State Bank Of India, works till late night on 31st March. Banks remain closed on first April.

The April-March financial year is the inheritance from Colonial rule. India was under British control for over 150 years. Britain still follows the April - 31st March financial year. After the East India Company started to rule, they adopted the same financial system in India. Hence, financial year started from April to March in India also. After Independence, the Indian Govt didn't change this pattern. .

After Modi govt came to power, it changed the presentation of budget from last day of February to 1st of February but it didn't change the financial year.

It may be due to local factors. April coincided with the 'Hindu festival' of Vaisakha or the Hindu New Year. Hence, this may be one of the reasons why the government thought of starting the financial from April to March in India.

Moreover, India is an agricultural country and most of the sources of income depend primarily on crops. As such the income relies upon the estimation of the yields that are harvested in the period of February and March. Accordingly, these two months of span give government some idea whether the revenue is going to increase or decrease. Besides the main festivals in India like Navratri and Diwali fall in the month of October and November, followed by Christmas in December. During these time periods, the value of sales for the retailers and value buying's for the shoppers are heavy, which makes accounting time-consuming. These could also be the reasons why the financial year is taken from April to March.

Apart from India and Britain, Canada, New Zealand,Hong Kong and Japan also follow April 1- 31st March financial year.

But I wonder if the govt departments in Britain, Canada, New Zealand, Hong Kong and Japan also indulge in splurging the budget. We need to ban this practice especially when state financial resources are already under stress.

(Chander Sharma)

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Stop Politics Of Vendetta

The unleashing of "political vendetta"by Shiv Sena-led Maharashtra government against Kangana Renaut is not surprising.When 'goons", "sirfire (Bewitched)" and "anti-social elements" run the government and lord over the law and order enforcing agencies, only "goondagardi" (hooliganism)" is bound to occur. Good goverance is never expected from those who care too hoots for rule and regulations, law and order. If we go through the history of "Shiv Sainiks", its replete with the numerous instances of "goondagardi". The Shiv Sena is not only fascist party but Shiv Sainiks are xenophobic.   

I was myself a witness to the "goondagardi" of Shiv Sainiks in the very presence of Bal Thackeray in early nineties in Auranabad, Maharashtra. While working for Lokmat group, i happened to attend a press conference addressed by the Shiv Sena pramukh (chief), Bal Thackery in a five-star hotel just next to the Lokmat building in Aurangabad. It was my curiousity to have an encounter with Bal Thackeray  that drove me to the press conference. While PC was on, hell broke out after a  reporter (from minority Muslim)  asked an unplesant question from Bal Thackeray. Instead of answering the question,  Thackeray objected to his very presence and retorted "who invited u to this PC). He was dragged by Shiv Sainiks out of the PC and when other journalists objected to this, they were  severly thrashed, beaten so much that many were profusely bleeding. The press conference ended in a melee. There are many  such instances. Shiv Sainiks are ruffians and intolerant  by nature. They refuse to accept anytning except adulation of Shiv Sena pramukh (chief), whether Bal Thackeray or Uddhav  Thackeray.

But as is a popular adage," never lock horns with a bull".  Kangana Renaut knew it very well the serious repurcussions of locking horms with the ruling mafia in Mumbai. Why did see do it? Is she pursuing some political agenda or she is just taking on Bollywood mafia pampered by Shiv Sena? Whatever is her agenda but this Pahari girl from a non-descript village with full script Himalayan spirit has won the first bout. Maharashtra govt has been badly exposed and even "Marathi Manush (Marathi people), by and large,have condemned the vendetaa driven action. The demolotion proceedings have been stayed by the Bombay High court.

Another distressing part of the Kangana Renaut fight is the exposure pf hypocracy. Hitting out at the 'hypocrites' supporting Rhea Chakraborty in Sushant Singh Rajput’s case,  lawyer Ishkaran Bhandari has slammed celebrities and liberals  voicing support or ‘smashing patriarchy’ for Kangana Ranaut who is being threatened and attacked by the ruling mafia. 

Given the  vendetta driven politics of Shiv Sena, Kangana should get ready to face more attacks inclding panel actions against her. An FIR has already been registered against her on Thursady for her remarks against Maharashtra CM Uddhav Thackeray in her social media post. Kangana wrote, “Today, the Maharashtra Govt illegally broke down KanganaRanaut’s house while she was on a flight to Mumbai, with only 24 hour notice. Completely illegal considering the Govt has banned demolitions due to Covid till September 30. This is what Fascism looks like.”

The Shiv Sena IT Cell had filed a complaint at the Shrinagar police station in Thane against against her under 'charges of sedition for her Pakistan-occupied Kashmir (PoK) analogy for Mumbai'. Sharing the video, Kangana wrote, “Today, the Maharashtra Govt illegally broke down #KanganaRanaut’s house while she was on a flight to Mumbai, with only 24 hour notice. Completely illegal considering the Govt has banned demolitions due to Covid till September 30. This is what Fascism looks like.”

All rightous people in the country  will condemn the Maharashtra vendentta action and support "Manikarnika".And Kangana is right in saying " "Uddhav Thackeray, tujhe kya lagta hai? (what do you think?) That you colluded along with the film mafia, demolished my home and took revenge on me?  

However, I won't approve her "tu, tadak" rough language. Its not Devbhoomi culture.

(Chander Sharma) 

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Prashant Bhushan Emerges As A Hero

The spirited fight by Indian Against Corruption activist and prominent lawyer Prashant Bhushan in Supreme Court has earned him a national hero status. His face-off with world most powerful body-supreme court- is now being compared what Mahatma Gandhi did in South Africa. Mahatma Gandhi refused to leave the province or pay a bond for getting bail. flustered the judge asked Gandhi, "Do you want to go to jail?". Mahatma replied "As you wish".

And in the same spirit, on Supreme Court threat of prison, Bhushan quoted Mahatma Gandhi: "I do not ask for mercy. I do not appeal for magnanimity. I will cheerfully submit to any punishment that court may impose."

Supreme court convicted Mr Bhushan of contempt of court On 14 August, On Monday he was ordered to pay a symbolic fine of one rupee for two tweets criticizing judges. If he didn't pay the fine by 15 September, he would have to spend three months in jail and barred from law practice for three years.

Mr Bhushan has agreed to pay the fine but retained his right to challenge the order and seek a review.

Prashant Bhushan's face-off with judiciary began in June, after he posted two tweets to his 1.6 million followers.

In one, he commented on a viral photograph of Chief Justice Sharad Bobde sitting on an expensive Harley Davidson motorbike. In the second, he criticized the conduct of the four former chief justices.

His conviction led to a storm of protest .More than 3,000 retired judges, lawyers and eminent citizens signed a statement saying holding Mr Bhushan guilty of contempt would have a "chilling effect on people expressing critical views on functioning of the top court".Thousands took to social media to express their support for the lawyer-activist, and hundreds came out on the streets in solidarity.

Bhushan has, often, been involved in politics of problematic. He stood for plebiscite in Jammu and Kashmir. To call for a plebiscite (or referendum), is seen in India as play in Pakistan’s hands.

Until 2017, Prashant Bhushan was with Aam Aadmi Party (AAP). He was associated with the anti-corruption movement, India Against Corruption. Bhushan was one of the founding members of the Aam Aadmi Party, but only to part ways with the Arvind Kejriwal-led party.

However, as a lawyer, Bhushan has to his credit a long list of public interest cases. So, when his tweets raised the hackles of the Supreme Court, it was disapproved by the media. A few national dailies even wrote editorials questioning the Supreme Court move to issue the notice over contempt proceedings to Bhushan, Outlook ran an op-ed. A group of public figures later came out with an appeal requesting the top court to take back the notice. Supreme Court, has itself said that “voice of dissent in a democracy cannot be shut down”. Then why to stifle Bhushan's voice of dissent.

The right to dissent is the cornerstone of a democracy. It’s for this reason that we should defend Bhushan’s right to criticize even judiciary, Why should judges be sacrosanct?

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