UNIT 10 - HYGIENE AND SANITATION IN FOOD SECTOR

GENERAL PRINCIPLES OF FOOD HYGIENE

The five key principles of food hygiene, according to WHO, are:


1. Prevent contaminating food with pathogens spreading from people, pets, and pests.


2. Separate raw and cooked foods to prevent contaminating the cooked foods.


3. Cook foods for the appropriate length of time and at the appropriate temperature to kill pathogens.

4. Store food at the proper temperature.

5. Use safe water and safe raw materials.

GOOD HYGIENE PRACTICES FOR COMMODITIES

Producers should as far as practicable implement measures to:

• control contamination from air, soil, water, feedstuffs, fertilizers

(including natural fertilizers), pesticides, veterinary drugs or any other agent used in primary production;


• control plant and animal health so that it does not pose a threat to human health through food consumption, or adversely affect the suitability of the product; and


• protect food sources from faecal and other contamination. In particular, care should be taken to manage wastes, and store harmful substances appropriately.

GOOD HYGIENE PRACTICES FOR EQUIPMENTS

Equipments should be located so that it:

• permits adequate maintenance and cleaning;

• functions in accordance with its intended use; and

• facilitates good hygiene practices, including monitoring.

GOOD HYGIENE PRACTICES FOR WORK AREA AND PERSONNEL

• Maintaining a clean work environment is critical in preventing foodborne illness.
• Bacteria can grow on unsanitary surfaces and then contaminate food. Just because a work surface looks clean does not mean that it is sanitary.
• Always ensure that you clean and sanitize a work area before starting to prepare food and after food preparation.

• Wash hands before performing the next job function after touching other food, and after smoking, chewing tobacco, eating and drinking, taking out the garbage, changing diapers, touching body parts such as the mouth or going to the washroom.
• Wash hands before and after handling raw food, especially meat and poultry.
• Report immediately any symptoms of illness or infection to your supervisor. It may not be appropriate for you to handle food while you are sick.
• Cover any cuts with a bandage and wear clean gloves. However, do not wear rubber or latex gloves near open flames or other heat sources.
• Gloves may melt or catch fire. Change gloves if you touch anything that would normally require you to wash your hands.
• Wear hair nets to help prevent loose hair from falling on food. The average person loses about 50 hairs per day.
• Use tools or utensils to serve food whenever possible. Touch food with your hands as little as possible.
• Use a clean spoon each time you taste or sample food.
• Touch only the handles of flatware/utensils when setting the table.
• Do NOT wear jewellery in food preparation areas, especially rings; they may collect dirt or bacteria and make it harder to clean your hands. Similarly, keep nails trimmed short and do not wear nail polish.
• Do NOT use aprons to dry your hands.
• Do NOT smoke in food preparation areas.

CLEANING AND DISINFECTION

• Cleaning and disinfection programmes should ensure that all parts of the establishment are appropriately clean, and should include the cleaning of cleaning equipment.
• Cleaning and disinfection programmes should be continually and effectively monitored for their suitability and effectiveness and where necessary, documented.
• Where written cleaning programmes are used, they should specify:

1. areas, items of equipment and utensils to be cleaned;
2. responsibility for particular tasks;
3. method and frequency of cleaning; and
4. monitoring arrangements.

Where appropriate, programmes should be drawn up in consultation with relevant specialist expert advisors.

CLEANING PROCEDURES AND METHODS

Cleaning can be carried out by the separate or the combined use of physical methods, such as heat, scrubbing, turbulent flow, vacuum cleaning or other methods that avoid the use of water, and chemical methods using detergents, alkalis or acids.

Cleaning procedures will involve, where appropriate:
• removing gross debris from surfaces;

• applying a detergent solution to loosen soil and bacterial film and hold them in solution or suspension;

• rinsing with water to remove loosened soil and residues of detergent;

• dry cleaning or other appropriate methods for removing and collecting residues and debris; and

• where necessary, disinfection with subsequent rinsing unless the manufacturers’ instructions indicate on scientific basis that rinsing is not required.

SAFETY ASPECTS OF WATER

❑In contact with food
Only potable water, should be used in food handling and processing, with the following exceptions:
• for steam production, fire control and other similar purposes not connected with food; and
• in certain food processes, e.g. chilling, and in food handling areas, provided this does not constitute a hazard to the safety and suitability of food (e.g. the use of clean sea water).

❑Water recirculated for reuse should be treated and maintained in such a condition that no risk to the safety and suitability of food results from its use.
❑The treatment process should be effectively monitored.

❑Recirculated water which has received no further treatment and water recovered from processing of food by evaporation or drying may be used, provided its use does not constitute a risk to the safety and suitability of food.

❑Water recirculated for reuse should be treated and maintained in such a condition that no risk to the safety and suitability of food results from its use.
❑The treatment process should be effectively monitored.

❑Recirculated water which has received no further treatment and water recovered from processing of food by evaporation or drying may be used, provided its use does not constitute a risk to the safety and suitability of food.

WASTE WATER

Hotels produce a lot of waste water and usually the waste water is disposed off in water bodies such as river, sea, lake or as landfill. But acc. to the norms of the PCB (Pollution Control Board) , sewage needs to be properly treated before it is disposed.

➢SEWAGE TREATMENT:
It is the process of removing the contaminants from sewage to convert it to a composition of clear liquid and solid, which are fit for discharge to the environment or for reuse.

•In the most sophisticated treatment, clear potable water can be obtained while leaving only 5 per cent to 10 per cent of solids after treatment.

•This solid part, called sludge, is further processed to produce what is called biosolid, which have many uses.

•While hoteliers can discharge their sewage to the public sewerage, along with town sewage, for treatment in the city sewage treatment plant and final disposal.

•Many hotels have opted for in-house, Sewage Treatment Plants, where they get fresh water for reuse and may use the sludge as manure for garden activities.

WASTE DISPOSAL

INCINERATION: It is a waste treatment process that involves the combustion of organic substances contained in waste material.

PULVERISATION : In this method, waste is simply pulverized into powder form without any chemical change. The powder thus formed may be used as manure or discharged through sewage line.

MECHANICAL COMPOST PLANT: A compost plant converts the garbage into manure, which is rich in nitrogen. This is the most hygienic method of waste disposal but only for organic wastes.

TRENCHING: In this method, waste is dumped in a trench and buried under soil. The garbage is converted to compost.

CONTROLLED TIPPING: This method is employed where land is available for redevelopment. Waste is tipped from dumper into hollow spaces in the ground about 4 to 7 feet deep and then buried under ground.

DISPOSAL INTO SEA: This method is relevant and available only to hotels near a sea. This is quite cheap but at times the non-soluble garbage may come back to the shore and cause problems.

FILLING OF LOW LYING AREAS: Waste is dumped into low-lying areas.

UNIT 9 - QUALITY ASSURANCE

Total Quality Management, TQM, is a method by which management and employees can become involved in the continuous improvement of the production of goods and services. It is a combination of quality and management tools aimed at increasing business and reducing losses due to wasteful practices.

Total Quality Management (TQM) is a management approach that originated in the 1950s and has steadily become more popular since the early 1980s. Total Quality is a description of the culture, attitude and organization of a company that strives to provide customers with products and services that satisfy their needs. The culture requires quality in all aspects of the company’s operations, with processes being done right the first time and defects and waste eradicated from operations.

TQM is a method for reducing errors in production, increasing total production during a given time frame and giving customers greater satisfaction. Although slow to be adopted, TQM is today one of the cornerstones for modern manufacturing, distribution and retail sales businesses.

TQM is defined

As a management philosophy that seeks to integrate all organizational functions (marketing, finance, design, engineering, and production, customer service, etc.) to focus on meeting customer needs and organizational objectives.

The simple objective of TQM is “Do the right things, right the first time, every time.”

TQM is now becoming recognized as a generic management tool, just as applicable to service and public sector organizations. TQM is the foundation for activities, which include:

• Commitment by senior management and all employees
• Meeting customer requirements
• Reducing development cycle times
• Just in time/demand flow manufacturing
• Improvement teams
• Reducing product and service costs
• Systems to facilitate improvement
• Line management ownership
• Employee involvement and empowerment
• Recognition and celebration
• Challenging quantified goals and benchmarking
• Focus on processes/improvement plans
• Specific incorporation in strategic planning

Principles

Total Quality Management,” a term commonly used incorporation and business management. TQM is a customer-focused approach that involves several principles for effective business management and prevents defects and quality issues within a company. These principles include leadership, strategic planning, customer focus, analysis, human resources, process management and seeing business results.

1. Leadership 

Structuring your system of organized leadership within a business will enhance overall management and productivity within a company. Full commitment is needed at the top of the business hierarchy.

2. Strategic Planning

Having a focus and a strong perspective on quality in production and in work levels allows personnel at all ranks to constantly plan for improvements. Awareness of a desire for perfection in workplace operations and an emphasis on consistency, stability and steadiness will help to promote production processes for creating products and managing customer satisfaction. Strategic planning also encompasses quality control.

3. Customer & Market Focus

Understand how your marketing and personnel influence customer satisfaction. Customer and the satisfaction of the customer that makes your attempts worth the effort.

4. Information and Analysis

There should be time set aside to spend measuring business data and the continuity of the level of organization within the company. Information on how a business is performing can help to eradicate bad practices and favouritism. It is important to have a long-term goal for profits, production quotas and growth of the business that all members of the team understand, and to spend less time focused on the short term.

5. Human Resource Focus

Employing the people who will most carry your team toward an overall goal of customer satisfaction is key to the functioning of any business. Prevent problems before they occur by continually evaluating personnel and processes within the company. Evaluation will keep the company from investing resources and time into processes that cause errors and problematic wasted efforts

6. Process Management

Keeping a team focused on the functional operation of work systems and devising plans that help employees to be educated and well-trained in their particular fields will allow for the company to grow and flourish. Have a definitive mission for the company and aim for the continual satisfaction of customers while maintaining motivation and satisfaction in team members.

7. Business Results

Improving different areas of business models will help companies to see overall improvement in customer service within the company, product performance, finances within the business and customer satisfaction Other expected benefits of streamlining efficiency in the workplace include improved organization, better feedback, better performance standards, increased economic growth, increased customer loyalty, brand recognition, improved products and better-offered services.

Time quality work is the first key principle of TQM theory. The principle philosophy for this is, “If we do not have the time to do things right the first time, how will we have the time to do it right a second time?”

RELEVANCE OF MICROBIOLOGICAL STANDARDS FOR FOOD SAFETY

• A microbiological standard is a microbiological criterion that is a part of a law, ordinance, or administrative regulation. 
• A standard is a mandatory criterion. 
• Failure to comply with it constitutes violation of the law, ordinance, or regulation and will be subject to the enforcement policy of the regulatory agency having jurisdiction.

Purposes

Microbiological standards as described above may be used to assess:

1. the safety of a food,

2. adherence to good manufacturing practices,

3. the utility (suitability) of a food or ingredient for a particular purpose, and

4. the keeping quality (shelf-life) of certain perishable foods.

RISK ASSESSMENT

A risk assessment is simply a careful examination of what, in your work, could cause harm to people, so that you can weigh up whether you have taken enough precautions or should do more to prevent harm.

Risk assessment is defined for the purposes of the Codex Alimentarius Commission as

“A scientifically based process consisting of the following steps:

(i) hazard identification,

(ii) hazard characterization,

(iii) exposure assessment, and

(iv) risk characterization.”

Hazard identification is “The identification of biological, chemical, and physical agents capable of causing adverse health effects and which may be present in a particular food or group of foods.”

Hazard characterization is “The qualitative and/or quantitative evaluation of the nature of the adverse health effects associated with biological, chemical and physical agents which may be present in food. 

Exposure assessment is “The qualitative and/or quantitative evaluation of the likely intake of biological, chemical, and physical agents via food as well as exposures from other sources if relevant.”

Risk characterization is “The qualitative and/or quantitative estimation, including attendant uncertainties, of the probability of occurrence and severity of known or potential adverse health effects in a given population based on hazard identification, hazard characterization and exposure assessment.” Hazard identification, hazard characterization, exposure assessment will help to know the adverse health effect.

HACCP

Hazard Analysis and Critical Control Point (HACCP) is an internationally recognized system for reducing the risk of safety hazards in food.

Hazard Analysis and Critical Control Points or HACCP is a systematic preventive approach to food safety from biological, chemical, and physical hazards in production processes that can cause the finished product to be unsafe, and designs measurements to reduce these risks to a safe level.

HACCP Basic Principles:-

HACCP is a systematic approach to the identification, evaluation, and control of food safety hazards based on the following seven principles:

Principle 1: Conduct a hazard analysis.

The application of this principle involves listing the steps in the process and identifying where significant hazards are likely to occur. The HACCP team will focus on hazards that can be prevented, eliminated or controlled by the HACCP plan. A justification for including or excluding the hazard is reported and possible control measures are identified.

Principle 2: Determine the critical control points (CCPs).

A critical control point (CCP) is a point, step or procedure at which control can be applied and a food safety hazard can be prevented, eliminated or reduced to acceptable levels. The HACCP team will use a CCP decision tree to help identify the critical control points in the process. A critical control point may control more that one food safety hazard or in some cases more than one CCP is needed to control a single hazard. The number of CCP’s needed depends on the processing steps and the control needed to assure food safety.

Principle 3: Establish critical limits.

A critical limit (CL) is the maximum and/or minimum value to which a biological, chemical or physical parameter must be controlled at a CCP to prevent, eliminate, or reduce to an acceptable level the occurrence of a food safety hazard. The critical limit is usually a measure such as time, temperature, water activity (Aw), pH, weight, or some other measure that is based on scientific literature and/or regulatory standards.

Principle 4: Establish monitoring procedures.

The HACCP team will describe monitoring procedures for the measurement of the critical limit at each critical control point. Monitoring procedures should describe how the measurement will be taken when the measurement is taken, who is responsible for the measurement and how frequently the measurement is taken during production.

Principle 5: Establish corrective actions.

Corrective actions are the procedures that are followed when a deviation in a critical limit occurs. The HACCP team will identify the steps that will be taken to prevent potentially hazardous food from entering the food chain and the steps that are needed to correct the process. This usually includes identification of the problems and the steps taken to assure that the problem will not occur again.

Principle 6: Establish verification procedures.

Those activities, other than monitoring, that determine the validity of the HACCP plan and that the system is operating according to the plan. The HACCP team may identify activities such as auditing of CCP’s, record review, prior shipment review, instrument calibration and product testing as part of the verification activities.

Principle 7: Establish record-keeping and documentation procedures.

A key component of the HACCP plan is recording information that can be used to prove that the food was produced safely. The records also need to include information about the HACCP plan. A record should include information on the HACCP Team, product description, flow diagrams, the hazard analysis, the CCP’s identified, Critical Limits, Monitoring System, Corrective Actions, Recordkeeping Procedures, and Verification Procedures.

Implementing HACCP in 12 steps:-

1. Assemble a HACCP team with the appropriate product-specific knowledge and expertise to develop an effective Food Safety Plan. The team should comprise individuals familiar with all aspects of the production process, plus specialists with expertise in specific areas, such as engineering or microbiology. It may be necessary to use external sources of expertise in some cases.
2. Describe the product in full detail, including composition, physical/chemical structure, microbial/static treatments, packaging, storage conditions, and distribution methods.
3. Identify the intended/expected use of the product by the end user. It is also important to identify the consumer target groups. Vulnerable groups, such as children or the elderly, may need to be considered specifically.
4. Construct a flow diagram that provides an accurate representation of each step in the manufacturing process—from raw materials to end product—and may include details of the factory and equipment layout, ingredient specifications, features of equipment design, time/temperature data, cleaning and hygiene procedures, and storage conditions.
5. Perform an on-site confirmation of the flow diagram to confirm that it is aligned with actual operations. The operation should be observed at each stage and any discrepancies between the diagram and normal practice should be recorded and amended. It is essential that the flow diagram is accurate since the hazard analysis and identification of Critical Control Points (CCPs) rely on the data it contains.
6. Conduct a hazard analysis for each process steps to identify any biological, chemical, or physical hazards. This assessment also includes rating the hazard using a risk matrix, determining if the hazard is likely to occur, and identifying the preventive controls for the process step.
7. Determine Critical Control Points (CCPs)—those areas where previously identified hazards may be eliminated. The final HACCP Plan will focus on the control and monitoring of the process at these points.
8. Establish critical limits and develop processes that limit risk at CCPs. More than one critical limit may be defined for a single step. Criteria used to set critical limits must be measurable and include rating and ranking of hazards for each step of the flowchart.
9. Monitor CCPs and develop processes for ensuring that critical limits are followed. Monitoring procedures must be able to detect loss of control at the CCP and should provide this information in time to make appropriate adjustments so that control of the process is regained before critical limits are exceeded. Where possible, process adjustments should be made when monitoring results indicate a trend towards a loss of control at a CCP.
10. Establish preplanned corrective actions to be taken for each CCP in the HACCP plan that can then be applied when the CCP is not under control. If monitoring indicates a deviation from the critical limits for a CCP, action (e.g., proper isolation and disposition of affected product) must be taken that will bring it back under control.
11. Establish procedures for verification to determine whether the HACCP system is working correctly. Verification procedures should include detailed reviews of all aspects of the HACCP system and its records. The documentation should confirm that CCPs are under control and should also indicate the nature and extent of any deviations from the critical limits and the corrective actions taken in each case.
12. Establish proper documentation and recordkeeping for all HACCP processes to ensure that the business can verify that controls are in place and are being properly maintained.

UNIT 8 - FOOD LAWS AND REGULATIONS

Introduction
Food laws came into existence for a number of reasons: –

• To maintain the quality of food produced in the country.
• To prevent exploitation of the consumer by sellers. This could only be done by making consumers aware of what to expect in terms of quality when they buy food.
• To safeguard the health of consumers.
• To establish criteria for quality of food products.

The Essential Commodities Act is an act of Parliament of India which was established to ensure the delivery of certain commodities or products, the supply of which if obstructed owing to hoarding or black marketing would affect the normal life of the people. This includes foodstuff, drugs, fuel (petroleum products) etc.

Prevention of Food Adulteration Act (PFA) ACT, 1954

PFA is directly concerned with the protection of the health of consumers, and the quality of food products marketed. PFA states that article of food shall be deemed to be adulterated: –

(a) If the article sold by a vendor is not of nature, substance or quality demanded by the purchaser & is to his prejudice or is not of nature, substance or quality which it should be.

(b)  If the article contains any other substance which affects, or if the article is so processed as to affect injuriously nature, substance or quality thereof.

(c)  If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously nature, substance or quality thereof.

(d)  If any constituent of the article has wholly or in part been abstracted so as to affect injuriously nature, substance or quality thereof.

(e)  If the article has been prepared, baked or kept under insanitary conditions whereby it has become contaminated or injurious to health.

(f)  If the article consists wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or otherwise unfit for human consumption.

(g)  If the article is obtained from a diseased animal.

(h)  If the article contains any poisonous or other ingredients which render it injurious to health.

(i)  If the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders the contents injurious to health.

(j)  If any colouring matter other than that prescribed in respect thereof and in amounts, not within the prescribed limits of variability is present in the article.

(k)  If the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits.

(l)  If the quality or purity of the article fall below the prescribed standards or its constituents are present in quantities which are in excess of the prescribed limits of variability.

The PFA act, 1954 thus lays down the guidelines for setting up standards for various food items like cereals & cereal products, pulses, ghee etc. All processed items which are mass produced for public use expected to conform to these standards. The penalty for adulteration that is injurious to health involves a minimum punishment of 1 year in jail and fine of 2000/- extendable to 6 years and a higher fine as fixed by the court. Adulteration which is not injurious to health is punishable by 6 months in jail and a fine of 1000/- extendable to 3 years and a minimum fine of as decided by the court.

Food Standards in India

Some food standards have been formulated and some rules laid down to be followed by the act, the most of which are the: –

1)  PFA standards

These lay down the minimum standards for all types of foods and are revised periodically to meet the requirements of the manufacturer and the consumer from time to
time. The PFA standard was formulated in 1955 were subsequently revised in 1968, 1973 & 1981. Any food not conforming to these standards is said to be adulterated.

2)  FPO standards

The FPO passed in 1946, under the defence of Indian rules, was revised under the essential commodities act, 1955. The FPO standards are mainly concerned with the standards required for maintaining the quality of fruits & vegetables & products manufactured from them. The FPO also specifies the conditions of hygiene & sanitation required to be maintained by the manufacturer of F & V products. The specification for the labelling & packaging of these products has been laid down. Under the FPO it is necessary for manufacturers to get a licence is only issued if the conditions of manufacture & the quality of the products conform to the standards laid down by the order.

3)  AGMARK standards

These standards are formulated on the physical & chemical characteristics of food, both the natural as well as those acquired during processing. Products graded under AGMARK include vegetable oils, ghee, cream, butter, rice, gur, eggs, groundnuts, potatoes, fruits, pulses & spices. These standards ensure accurate weights & correct selling practices.

4)  INDIAN standards

These standards cover vegetable and food products, spices, meat products, condiments & processed food like biscuits, sweets, flour, texturised soya products, tea, coffee & other beverages and so on. The standards are set up by the ISI, who certification mark is ISI, seen on all products indicating conformity to lay down standards the ISI (now BIS) is the national organization for standardization and lays down criteria for standardization of products, materials, practices & processes. It is also involved with the standardization of items like building materials, safety standards for equipment etc. which the caterer must be aware of when a decision regarding premises an equipment are required to be taken.

VEGETABLE OIL CONTROL ORDER (VOCO): – This specifies the standards desired for edible oil and hydrogenated fat to be marketed.

THE MEAT PRODUCT ORDER (MPO): – This relates to the quality of meat products manufactured for sale. Quality refers to the health of the animal being slaughtered hygienic condition of slaughterhouses and microbial quality of meat.

MILK AND MILK PRODUCT ORDER (MMPO): – This was passed by the government in 1992 the MMPO provides for setting up of an advisory board to advise the government on the production, sale, purchase and distribution of milk.

ECOMARK: – This system launched by the BIS was introduced to preserve the environment from pollutants. The mark ensures the consumer that products do not produce hazardous waste materials, are biodegradable and can be recycled. Food item covered includes edible oil, tea, coffee, beverages, infant food, processed foods along with food additives, preservatives and packaging materials as well.

Codex Alimentarius

The Codex Alimentarius is a collection of international food safety standards that have been adopted by the Codex Alimentarius Commission (the “Codex”). The Codex is based in Rome and funded jointly by the FAO and the WHO.

In the early 1960s, the Food and Agriculture Organization (FAO) of the United Nations and the World Health Organization (WHO) recognized the importance of developing international standards for the purposes of protecting public health and minimizing disruption of international food trade. The Joint FAO/WHO Food Standards Program was established, and the Codex Alimentarius Commission was designated to administer the program.

The advantages of having universally agreed food standards for the protection of consumers were recognized by international negotiators during the Uruguay Round. It is not surprising, therefore, that the SPS Agreement and TBT Agreement, within the separate areas of their legal coverage, both encourage the international harmonization of food standards. Importantly, the SPS Agreement cites Codex’s food safety standards, guidelines and recommendations for facilitating international trade and protecting public health.

Over the years, the Codex has developed over 200 standards covering processed, semi-processed or unprocessed foods intended for sale for the consumer or for intermediate processing; over 40 hygienic and technological codes of practice; evaluated over 1000 food additives and 54 veterinary drugs; set more than 3000 maximum levels for pesticide residues; and specified over 30 guidelines for contaminants.

ISO (International Organization for Standardization)

ISO originated from the union of two organisations – the ISO (International Federation of the National Standardizing Associations) and the UNSCC (United Nations Standard Coordinating Committee).

The consequences of unsafe food can be serious and ISO’s food safety management standards help organizations identify and control food safety hazards. As many of today’s food products repeatedly cross national boundaries, International Standards are needed to ensure the safety of the global food supply chain.

The World Trade Organization (WTO)

The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to ensure that trade flows as smoothly, predictably and freely as possible.

Consumer Protection Act, 1986

Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith also.

The Consumer Protection Act, 1986 was enacted to provide a simpler and quicker access to redress of consumer grievances. The Act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair trade practices, which may be practised by manufacturers and traders.

The set-up of consumer forum is geared to provide relief to both parties and discourage long litigation. In a process called ‘informal adjudication’, forum officials mediate between the two parties and urge compromise.

Basic rights of consumers include

1. Right to be protected against marketing of goods and services which are hazardous to life and property.
2. Right to be informed about the quality, quantity, standard and price of goods or services so as to protect the consumer against unfair trade practices.
3. Right to be assured, wherever possible, access to a variety of goods and services at competitive prices.
4. Right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums.
5. Right to seek redressal against unfair trade practices.
6. Right to consumer education.

Consumer redressal forum

Under the Consumer Protection Act, every district has at least one consumer redressal forum also called a consumer court. Here, consumers can get their grievances heard. Above the district, forums are the state commissions. At the top is the National Consumer Disputes Redressal Commission in New Delhi.

A written complaint to the company is taken as proof that the company has been informed. The complaint must be backed by copies of bills, prescriptions and other relevant documents, and should set a deadline for the company to respond. Consumers can also complain through a consumer organisation.

Claims of less than Rs. 5 lakh should be filed with district forum, claims of Rs. 5-Rs. 20 lakh directly with the state commission, and claims of more than Rs. 20 lakh with the National Commission.

To file the complaint

• Complaint is to be filed within two years of buying the product or using the service.
• Complaint needs to be in writing. Letters should be sent by registered post, hand-delivered, by email or fax. Don’t forget to take an acknowledgement.
• The complaint should mention the name and address of the person who is complaining and against whom the complaint is being filed. Copies of relevant documents must be enclosed.
• The consumer must mention details of the problem and the demand on the company for redressal. This could be a replacement of the product, removal of the defect, refund of money, or compensation for expenses incurred and for physical/mental torture. Please ensure that the claims are reasonable.
• You should preserve all bills, receipts and proof of correspondence related to the case. Avoid using voice mail or telephone because such interactions are normally difficult to prove.
• The complaint can be in any Indian language, but it is better to use English.
• There is no compulsion to hire a lawyer. The main cost consists of correspondence and travelling to the consumer forum for the hearing
• Maintain a complete record of the emails and documents sent by you.

Appeal

Appeal is a legal instrumentality whereby a person not satisfied with the findings of a court has an option to go to a higher court to present his case and seek justice. In the context of consumer forums:

1. An appeal can be made with the state commission against the order of the district forum within 30 days of the order which is extendable for further 15 days. (Section 15)
2. An appeal can be made to the National Commission against the order of the state commission within 30 days of the order or within such time as the National Commission allows. (Section 19)
3. An appeal can be made to the Supreme Court against the order of the National Commission within 30 days of the order or within such time as the Supreme Court allows. (Section 23)

Penalties

The consumer courts (district court, the state commission and National Commission) are given vast powers to enforce their orders. If a defaulter does not appear in court despite notices and reminders, the court may decide the matter in his absence. The forum can sentence the defaulter to a maximum of three years’ imprisonment and impose a fine of Rs. 10,000. Forums can issue warrants to produce defaulters in court. They can use the police and revenue departments to enforce orders.

The rights of consumers need to be protected since they avail services given by the service providers based on trust and faith and thus it’s a necessity to keep a check on the service providers for the sake of service recipient.