With apologies to none at all
By Vikas Mehta
Four years ago, when my father passed away due to the negligence of doctors at Max Hospital Dehradun, I was advised by all and sundry including close relatives and friends that it is impossible to fight a big hospital and its might. There was no one who had a word of encouragement and most just shrugged their shoulders saying, what’s the point. Some even narrated their own cases where they had seen a relative or friend suffer due to carelessness of doctors but they just accepted it and moved on. That’s what I was being asked to do. Move on. Not to fight for my rights as a paying consumer.
The life of a consumer in India is not easy. Inspite of competition, inspite of various forums available to voice the complaints, most consumers accept what they get, bad quality, broken promises, brazen flouting of laws… it’s an endless list. What surprises me is that inspite of all the technology available, it’s not easy to get your due as a consumer. Companies use the chimera of technology to become more inaccessible.
I get enough messages every week from Jio Fiber encouraging me to use their app to self-repair any problem in my broadband connection. So, last week when my set top box was showing all the signs of working properly and yet I was not getting any internet connectivity, I used the self-diagnosis. It promptly did a diagnosis and declared that my router was not working. I was advised to restart my router by switching it off and on or by replugging the power cord. It continued to say that if the issue persists that I should clean the power cord and ensure it is properly connected! That was all. No further solutions. No contact number or mail id. How do I lodge a complaint? How do I get the router rectified?
So, I did what an average Indian does. Look for contacts. Luckily, some senior Jio Fiber executives stay in my society. I got in touch and requested for help. A technician came, checked the router and reset my username and password. When I asked for an explanation, his simple response was that whenever this problem arises, I must reset my username and password. Now, I am sure this is not a problem that most Jio Fiber users face. Obviously, something was wrong with the router. And my router was hardly 18 months old. So, I got in touch with the executives again. I insisted that my router be thoroughly checked and if the need arises be replaced. Because I am not going to be resetting it every time the problem arose. And it did arise in less than 24 hours. First, they demurred but when I insisted, a technician came and said that my router needs to be replaced. Because I was in touch with some senior people, the replacement happened almost immediately and free of cost. But it happened.
And that’s my point. We, as consumers, do not fight. We give up too easily. It’s almost like the companies with their products are doing us a favour and we must accept whatever is given to us. Maybe the philosophy of believing in fate extends to the consumer & product relationship too.
The problem also is that almost all companies, all products and all brands are the same in terms of consumer service. So, even if the consumer theoretically has choice, there is no choice. Incidentally, I have a Airtel Fiber connection also. And it’s not any better in terms of service. My only solace is that both rarely go bad together!
And the laws do not help us. Even if they are there. Most consumers do not even know their rights. Sure the government has tried to communicate consumer rights through some ads and PR. Jago Grahak Jago is one such attempt. But even if the consumer is aware, the process and outcomes are complicated and prone to delays. Plus there is the omni present fear of corruption creeping into the system. Not to forget the ambiguity in the laws and rules.
Take the case of service tax which restaurants tend to levy. The government has clarified that this is not a tax but a service fee which is not mandatory. If a restaurant is charging the same, it must ask customers whether they are willing to pay it. And yet, many restaurants and hotels just slip it into the bill. Some association of hoteliers and restaurants even challenged the government’s mandate in court. I do not know what happened finally. But this is a typical example of ambiguity. Every time I dine out, I check if I have been charged service fees and some times it is there. In one or two cases, the restaurant managers have insisted that this is legal. Now, tell me who wants to get into an argument after a dine out? It spoils the whole experience. So, most diners just quietly pay up.
Talking about awareness, today almost all retailers ask us for our mobile number, email id etc. The way it is done, when the bill is being prepared its almost like one should mandatorily divulge the data. How many know that one can refuse to give the data? I steadfastly refuse and when I do the retailer is quite surprised. Two days ago, at a Nike outlet when I refused to give my details the cashier was startled. He said, you are the first person who has actually refused to do so. I asked him whether he has been told not to sell to those who do not give their data? He smiled and said of course not. But we as consumers meekly give it away. And then we worry about data privacy.
India desperately needs a Ralf Nader type of consumer activist. Someone who can work around the issues of misinformation, communication, interpretation of the law and most importantly, someone who can lead a movement. To educate and galvanise the consumers to their rights. Who cannot just inform, but also embolden them.
Ah, yes! What happened to my father’s case? I complained to Indian Medical Council (IMC) with all the paperwork and attached proof. I followed it up even with the Union Health ministry. IMC instituted a bench which heard my case. It took time because Covid intervened, but I persisted. Max tried delaying tactics but I persisted. IMC also was slow (it was doctors judging other doctors), but I persisted. And I got justice. After two years. Eight doctors were found guilty and were censured and given some punishments. Even the CEO and COO of Max were held responsible, the IMC could not punish them as they were not from the medical fraternity, but the judgment said that I could legally start proceedings against them under the principle of vicarious liability; senior management are responsible for the action of the employees. Mind you, I fought this myself. No lawyer or any external help was used.
So, If I could fight against a big name, if I could do it all myself without spending anything else but my time and if I could get justice as a consumer, if I could do it inspite of the pandemic, why can’t we all as consumers rise and fight for our rights? It’s our rights and our battle to lose. Let’s not wait for an Indian Ralf Nader but become our own small Ralf Naders.
Vikas Mehta is a senior marketing and business strategist and educator. He writes on MxMIndia every other Monday. His views here are personal.