ISI Mark – Has it become a Tool For Cheating Consumer

Part II Packaged Drinking Water

Govt. of India has made ISI Marking mandatory for Packaged Drinking Water (PDW) for safety and health of consumers. In this part I will demonstrate if ISI mark is ensuring the quality of PDW or is cheating the consumer.

As per GOI order, PDW should conform to Indian Standard, IS 14543. The STI prescribed for this by BIS is Doc: STI/14543/6, August 2005 as per IS 14543: 2005 with 2 amendments. Let us find out how BIS ensures compliance of following requirements of STI:

Clause 1.0 LABORATORY- A laboratory shall be maintained, which shall be suitably equipped and staffed, where different tests given in the specification shall be carried out in accordance with the methods given in the specification. AND

Clause 13.0 STOP MARKING - The marking of the product shall be stopped under intimation to the Bureau if, at any time, there is some difficulty in maintaining the conformity of the product to the specification, or the testing equipment goes out of order. The marking may be resumed as soon as the defects are removed under intimation to BIS.

In December 2009, Vigilance department of BIS carried out raids on three licensees of PDW in Mumbai. During this raid following serious discrepancies amongst others were found:

a)       QC in-charge, responsible for testing of PDW, was found incompetent.

b)      Some testing equipment were found missing and some were found faulty.

c)       Test records were maintained without doing actual testing.

d)      PDW dispatched in the market without testing.

After the raids, local BIS office was informed and routine actions were taken. Licensees were advised to stop marking, they took corrective actions which were verified by local office and self-marking rights were restored.

Now let us see, what was not checked and how consumer was cheated.

It was clear that Packaged Drinking Water was sent in the market without testing but BIS officers did not check from which date it was being marketed without testing. They did not advise the licensees to immediately withdraw all Packaged Drinking Water available in the market. They did not advise the licensee to issue a notice in the media that consumers should not buy and consume Packaged Drinking Water of their brands as the same was not tested. Inspite of knowing it that Packaged Drinking Water available in the market (of these brands) could cause health problems to consumers as it has not been tested, BIS officers did not take any corrective and preventive action.

Under clause 13.0 of STI, licensees were required to stop marking on their own and inform BIS about it, but they did not comply with this statutory requirement. BIS officers also failed to record this serious discrepancy and did not seek licensees’ explanation on this. This is one requirement which is not checked in any BIS inspection and consumer, unknown of the potential health hazard, is left to consume hazardous ISI marked products. If this is not cheating and stabbing the consumer in the back then what else will constitute cheating and stabbing in back?

Were these BIS officers incompetent or they intentionally failed to protect consumer interest for some favour from the licensees. I have posted these “cheat the consumer” real stories of BIS on my blog MANAK. If you want to read the details then click on the following links:

Unit 1                Unit 2                Unit 3

ISI Mark – Has it become a Tool For Cheating Consumer

Part I Introduction

In my earlier post, ISI Mark – Symbol of ‘Quality’ or ‘Cheating’? - I submitted that ISI Mark is no more seen as a symbol of quality by majority of consumers. Confidence generated in ISI Mark in last 50 plus years is being misused by BIS licensees to cheat the consumer. Statutory provisions of BIS Certification Regulations are being openly violated by a management indifferent to consumer interest. Number of complaints have been sent to BIS vigilance department, number of articles have been posted on my blog MANAK, number of RTI applications have been filed, but it could not make any dent in corruption apparatus. Has BIS created a national standard for administrative corruption. Those involved in corruption openly say that no body can do anything against them.

On its website, BIS makes tall claims - The BIS Product certification Scheme operates in an impartial, non discriminatory and transparent manner. The documents stating the powers, rights and responsibilities of BIS and the affected sectors of society are published by the Government of India as the Bureau of Indian Standards Act, 1986, Rules and (Certification) Regulations, 1988.  The specific procedure for operating a license are given in another document called the Scheme of Testing and Inspection (STI). Procedures provide for maintaining a very high degree of confidentiality and integrity among its personnel who perform certification related tasks. A body called the ' Certification Advisory Committee (CAC)' composed of persons from varied sectors like manufacturers, consumers, Government agencies, industries associations reviews the performance of the scheme and advises on key policy issues. Internally, a senior functionary designated as 'Additional Director General (Marks)' (ADGM) is responsible for ensuring that the scheme operates within the framework of rules and procedures established.

Anybody associated with BIS will have no hesitation is saying that all above claims are false. Impartiality, non-discrimination and transparency have lost their meaning in greed and corruption. Statutory provisions of Certification Regulations and STI are violated openly in connivance with licensees. Words like confidentiality and integrity have long been removed from BIS dictionary. CAC has not met for long. For ADGM certification is a foreign word. His only contribution to BIS is that he is always ready with his bags packed to proceed on pleasure trips in India and abroad.

In my subsequent parts I will deal with how consumers are being cheated.

दिल्ली सरकार - ग्राहकों की दुश्मन

मैंने १५ सितम्बर २०१० को इस ब्लॉग पर एक पोस्ट लिखी थी - दिल्ली सरकार - ग्राहकों की दोस्त या दुश्मन. पढ़ने के लिए क्लिक करें.

पहले तो दिल्ली की मुख्य मंत्री को जैसे ही पता चला कि डीईआरसी विजली की दरें कम करने जा रहा है वह घबडा गईं उन्होंने खुद दौड़ कर डीईआरसी को विजली की दरें कम करने के आदेश को जारी करने कि सिफारिश करने से ही रोक दिया. बाद में जब डीईआरसी ने यह सिफारिश कर ही डाली तब उन्होंने उसे यह कह कर अस्वीकार कर दिया कि वह डीईआरसी के चेयरमेन कि निजी राय है. बाद में दिल्ली हाई कोर्ट ने यह कहा कि उन्हें डीईआरसी को निर्देश देने का अधिकार नहीं है. इस बीच डीईआरसी के चेयरमेन रिटायर हो गए.

अब नए चेयरमेन ने विजली की दरें बढाने की सिफारिश कर डी और दिल्ली सरकार ने उसे मान लिया है. इस सिफारिश के अनुसार विजली दरें लगभग ३०% बढ़ जायेंगी. तेल और दूध के दाम कई बार बढ़ चुके हैं. जरूरी चीजों के दाम आसमान छू रहे हैं. प्याज ने तो नागरिकों को रुला दिया है. ऐसे में विजली की दरें एक तिहाई बढ़ाना तो जनता की कमर हो तोड़ देगा.

कुछ महीने पहले डीईआरसी के चेयरमेन ने कहा था कि सब विजली कम्पनियों को काफी लाभ हुआ है और यह कम्पनियां झूट बोल रही हैं कि उन्हें नुक्सान हो रहा है. अब नया डीईआरसी का चेयरमेन आ गया है और वह विजली कम्पनियों की हाँ में हां मिला रहा है. साथ के फोटो पर क्लिक कर के देखिये इस कहानी को.

फैसला आप कीजिए कि दिल्ली सरकार ग्राहकों की दोस्त है या दुश्मन. मेरे विचार में तो ग्राहकों की सब से बड़ी दुश्मन है दिल्ली सरकार. जनता ने इस सरकार को तीसरी बार चुना और इस एहसान फरामोश सरकार ने उन्हीं को कैसे धोखे और झटके दिए हैं.

BIS misleads consumers about its Hallmarking Scheme for Gold Jewellery

If you visit National Portal of India PAGE on ‘Bureau of Indian Standards’, you will find following information:

Hallmarking - Hallmarking of Gold Jewellery started in April 2000 on voluntary basis under BIS Act, 1986.

Similarly, on BIS website PAGE on ‘BIS Certification Scheme for hallmarking of Gold Jewellery’, you will find following information:

Government of India' has identified BIS a sole agency in India to operate this scheme. BIS hallmarking Scheme is voluntary in nature and is operating under BIS Act, Rules and Regulations.

Both these statements are misleading as this BIS Hallmarking Scheme has no legal backing of BIS Act, 1986, Rules and regulations.

Section 15 (1) of BIS Act, 1986 says that the Bureau may, by order, grant, renew, suspend or cancel a license in such manner as may be determined by regulations. BIS, so far, has not made any Regulations for operating Certification Scheme for Hallmarking of Gold Jewellery.

This issue has been raised by Mr. A L Makhijani, President of Forum for Good Governance, in September 2009 with BIS through a RTI application. BIS gave incomplete and misleading information. Mr. Makhijani submitted a representation to the Prime Minister in January 2010 with copies to Shri Sharad Pawar (Minster in-charge of BIS) and Secretary of Department of Consumer affairs, controlling ministry of BIS.

I have also raised this issue on my blog MANAK - RTI exposes another illegality in BIS – Hallmarking Scheme

Till date, BIS and Government have not taken any action to notify regulations for Hallmarking Scheme. The scheme continues to be run without any legal backing of BIS Act; and both BIS and Government continue to mislead the consumer.

This is a very unfortunate situation. What a consumer is supposed to do when Government itself violates the law? Prime Minister has been informed about this illegality. Mainister in-charge of BIS and Secretary of controlling ministry have also been similarly informed. But no body is ready to do any thing. Sometimes I feel that the both BIS and Government are cheating the Indian consumer.