World Day of Remembrance 2024 – Bhopal, Madhya Pradesh
Sustainability
GAW 2024
Green Action Week (GAW) is a global campaign to promote sustainable consumption. It is an initiative by the Swedish Society for Nature Conservation (SSNC) and is carried out in coordination with Consumers International (CI).
This year (2024) Green Action Week will be celebrated from 30th September – 6th October.
The theme of GAW 2024 is ‘Empowering the Sharing Community: Promoting Circular Economy Practices’ with focus on reducing waste using circular economy practices.
GAW 2023
In 2023 Green Action Week was celebrated from 1st October to 8th October.
The theme of GAW 2023 was “Sharing Community which works for people and the planet”. We need to work together by ensuring that everyone has sustainable access to goods and services.
Addressing unsustainable consumption patterns among target groups and encouraging use of natural resources, reducing energy consumption and conserving resources and promoting sustainable alternatives were some of the objectives of GAW 2023.
GAW 2022
In 2022 Green Action Week was celebrated from 3rd October to 9th October.
The theme of GAW 2022 was “Sharing Community which works for people and the planet”. The main focus of GAW 2022 was fighting plastic pollution and building a sustainable environment through sharing community.
One of the main objectives was to train and sensitize various stakeholders such as consumers, vendors, women etc through youth volunteers and influencers, environmental activists, consumer activists on various aspects to fight plastic pollution, inform them about current laws, finding sustainable alternatives and adopt sustainable options in their lives.
GAW 2021
Green Action Week (GAW) is a global campaign to promote sustainable consumption.
It is an initiative by the Swedish Society for Nature Conservation (SSNC) and is carried out in coordination with Consumers International (CI).
This year (2021) Green Action Week will be celebrated from 4th October to 10th October.
The theme of GAW 2021 is “Sharing Community”.
GAW 2020
Green Action Week (GAW) is an annual global campaign held in the first week of October every year, to promote sustainable consumption.
It is an initiative by the Swedish Society for Nature Conservation (SSNC) and is carried out in coordination with Consumers International (CI).
The theme of GAW 2020 “Sharing Community with focus on sustainable consumption”.
GAW 2019
Green Action Week (GAW) is a global campaign held every year in October. It is an initiative by the Swedish Society for Nature Conservation (SSNC) and is carried out in coordination with Consumers International (CI).
The theme of Green Action Week in 2019 is “Sharing Community, extension of the same theme that was in 2018”.
Purchasing Units for the purpose of Earning Rental Income are not ‘Consumers’ under CP Act 2019 held NCDRC
Purchasing Units for the purpose of Earning Rental Income are not ‘Consumers’ under CP Act 2019 held NCDRC
Case law:
Varun Ahuja & Ors Dw-40 Nirvana Country, Sector-50 Gurugram Haryana
Versus
- M3m India Private Limited 41st Floor, Tower-1, M3m International Financial Center, Sector-66 Badshahpur Gurgaon Gurugram Haryana
- Martial Buildcon Private Limited F-022, Lg, Sushant Arcade, Sushant Lok – 1, Guru Gram Gurugram Haryana
- M-Worth Services Private Limited Shop No. 163, Upper Ground Floor, C-Block, Sushant Vyapar Kendra, Sushant Lok-Phase-I Gurgaon-122002 Gurugram Haryana
Consumer Case No. 139 OF 2023
Decided on 22.10.2024
Brief Facts:
A project named ‘M3M Urbana’, located in Gurgaon, Haryana was initiated by. ‘M3M India Pvt. Ltd.‘, ‘Martial Buildcon Pvt. Ltd.‘ and ‘M-Worth Services Pvt. Ltd.‘ (collectively referred to as “Builders”). It commenced in the year 2012 and comprised Nine Blocks Of Commercial Spaces like restaurants, retail units, office spaces, etc. The price range of the units ranged from Rs. 57 Lakh to Rs. 1.94 Crore.
The Complainants purchased units in the this project
Subsequently, the Complainants were informed that a new block would be formed on the land which was originally designated for parking purposes. Complainants’ consent was not taken before deciding to use the common space for the development of a new block.
The Complainants filed a consumer complaint in the National Consumer Disputes Redressal Commission (NCDRC), New Delhi alleging that the new construction would strain the existing facilities and amenities. It would increase the burden on common areas meant only for the original blocks.
In response, the Builders filed an Interlocutory Application and contended that the Complainants do not come under the definition of ‘consumer’ under the Consumer Protection Act, 2019. The units bought by the Complainants were solely for generating rental income by further leasing them.
Legal Issues :
Now the question before the commission were-
- Whether the services availed by a homebuyer/allottee for construction of the particular unit from a builder fall under the definition of “service” as prescribed under the Consumer Protection Act, 2019
- Will the subsequent use of the unit after taking possession(Rental income) and the nature of usage of the property sets free the builder from the liabilities arising out of the defects and deficiencies in the unit
- Can Rental Income be called self- livelihood
Legal question -1
Dominant purpose to be seen for establishing commercial purpose
Supreme Court in Lilavati Kirtilal Mehta Medical Trust v. M/s. Unique Shanti Developers & Ors. (C.A./12322/2016) (Para 7) has to be taken into consideration whereby one has to see the “dominant purpose” for which the services were availed and not the “immediate purpose”.
Onus lies on OP to establish purpose for hiring services
The Opposite Party has to show that their services of construction which were availed by the Complainants were for commercial purposes and has to cross the threshold laid down by the Hon’ble Supreme Court in Shriram Chits (India) Private Limited Earlier Known as Shriram Chits (K) Pvt. Ltd. V. Raghachand Associates, SLP (C) No. 15290 of 2021 (Para 20), Lilavati (supra) (Para 7) and National Insurance Co. Ltd. vs Harsolia Motors and Ors. [Civil Appeal No(S).5352-5353 OF 2007] (Para 31-44), and the definition of “commercial purpose” has to be read and evaluated only on this parameter
Legal question-2
Does Rental income equate to commercial purpose:
Purchaser No 1 & 2 Varun Ahuja and Sameer Suneja:
Unit No SB/R/GL/09/001 FLY: leased out to First Love Yourself Lounge & Bar
Unit No SB/R/GL/01/011 Axis Bank Ltd.
Unit No SB/R/GL/01/010 Axis Bank Ltd
Purchaser No 3-7 Amarjit Singh, Late Mrs. Suveni Sapra Singh, Inayat Singh, Arman Singh and Antara Singh
Unit No SB/R/GL/03/004 leased out to Pizza hut
Purchaser No 8 Amarjit Singh, Late Mrs. Suveni Sapra Singh, Inayat Singh, Arman Singh and Antara Singh
Unit No SB/R/GL/03/004 .leased out to DebarshiWrap Caffe/Dakshini Zaika Lajawaab South India Café
Neeraj Bhagat AND Vandana Bhagat
unit no SB/R/GL/09/02 FLY: First Love Yourself Lounge & Bar
Nitin Ahuja AND Isha Aggarwal
unit no SB/R/1L/04/018 Palette by Km/Kritika Madan Label
He then submits that to treat rental income exclusively as a commercial purpose activity is incorrect. He submits that rental income is not profit and is not governed by the principles of commercial contracts as profits are always correlated with losses. Therefore the rental income per se is not a commercial purpose venture.
Reliance is being placed upon Rohit Chaudhary and Anr. V. Vipul Ltd. [2023 SCC Online SC 1131] (Para 5, 11 and 13).
This agreement did not convince the court because commercial purpose in Income Tax Act is not applicable in cases under consumer protection act as the concept is different.
The order passed in the case of Shivani Thakran have confirmed by the Apex court as well as the other judgments that where the investments are on a large scale in a mall is commercial purpose under Consumer Protection Act
Legal question -3
Does the case fall under self-livelihood, an exception to ‘commercial purpose” ?
At the outset, the NCDRC clarified that the dispute pertained to deficiencies in the construction of commercial units and not regarding any goods defined under the Consumer Protection Act, 2019.
In this regard, reliance was placed on Shri Ram Chits (India) Pvt. Ltd. vs Raghachand Associates [SLP (C) No. 15290 of 2021], wherein it was observed that the intention of the legislature differed under the Consumer Protection Amendment Act, 2002, and the 2019 Act. Under the 2019 Act, the exclusions for earning livelihood by self-employment applied only to goods, not services. Therefore, the explanation for services did not arise.
Provision re produced here under –
“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
It is found ,dominant purpose was to earn income clearly established with cogent evidence i.e. lease agreements ‘that units were purchased for commercial purpose and exception self-livelihood not applicable in-service.
Consequently, for all the reasons stated hereinabove, we find that the complainants are not consumers as their entire acquisition of the property is for a commercial purpose as understood under the provisions of Consumer Protection Act 2019. The complaint is accordingly dismissed as not entertainable.
The Escalating Crisis of Pedestrian Fatalities in India: An Urgent Call for Comprehensive Safety Measures
The Escalating Crisis of Pedestrian Fatalities in India: An Urgent Call for Comprehensive Safety Measures
The growing concern for pedestrian safety in India is highlighted by alarming statistics, showing a 108% rise in pedestrian fatalities from 2016 to 2022. Fatalities surged from 15,746 in 2016 to 32,825 in 2022, underscoring a pressing issue that requires urgent intervention.
This article examines the causes behind this crisis and emphasizes the need for immediate safety measures to protect pedestrian lives.
India numbers (published by MoRTH in their annual reports)
| Fatalities | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | % change 2016-2022 |
| Pedestrian | 15,746 | 20,457 | 22,656 | 25,858 | 23,483 | 29,124 | 32,825 | 108% |
While the overall number of road fatalities increased by 12% during this period, the exponential rise in pedestrian deaths is particularly alarming. In 2016, pedestrians accounted for approximately 10% of all road-related casualties; by 2022, this proportion had almost doubled to 20%. This stark discrepancy highlights the inadequate attention given to pedestrian safety in comparison to other road users.
The 2011 census data indicates that over 20% of non-agricultural workers in India depend on walking as their primary mode of commuting. This underscores the pivotal role that pedestrian mobility plays in the everyday functioning of the country’s urban centres. Despite this significance, the safety infrastructure catering to pedestrians has not kept pace with the demands of a rapidly growing population and evolving urban landscapes.
Strategies to Tackle the Pedestrian Safety Crisis in India
1. Infrastructure Development:
A targeted approach to infrastructure is essential, focusing on building and maintaining sidewalks, pedestrian crossings, and adequate street lighting. Traffic-calming measures such as speed breakers, pedestrian-only zones, and raised crosswalks can drastically enhance pedestrian safety, particularly in high-traffic urban areas.
2. Speed Management:
Reducing vehicle speeds in areas with heavy pedestrian movement is crucial. Municipality have to manage lower speed limit displayed prominently particularly in areas with high pedestrian movement and cyclists traffic and police should ensure enforcing of speed limit and also installing speed calmers, speed cameras and speed bumps in such strategic locations to ensure safer environment for pedestrians and cyclists.
3. Protecting Vulnerable Pedestrians:
Special safety measures must prioritize children, the elderly, and persons with disabilities. Installing audible pedestrian signals at intersections and ensuring ramps, tactile paving, and accessible sidewalks can create a safer environment for everyone.
4. Data-Driven Interventions:
Continuous collection and analysis of accident data are essential to understanding patterns and high-risk zones. This insight can drive focused safety initiatives, enabling policymakers to allocate resources where they are most needed. Data-informed policies also allow for timely course corrections Which may be similar to identification for black spots and renewal .
5. Enforcement of Traffic Laws:
Stringent enforcement of traffic rules is non-negotiable to deter violations. Regular monitoring, issuing fines, and leveraging technology like automated ticketing can reduce reckless behaviour and reinforce accountability on the road.
6. Addressing Drink Driving:
Alcohol-impaired driving significantly heightens accident risks. Strengthening the enforcement of traffic laws for violations is a critical step Additionally, expanding the use of breathalyser checkpoints can help curb reckless driving and protect pedestrians.
7. Public Awareness & Community Engagement:
Education campaigns targeting both drivers and pedestrians are crucial to fostering responsible behaviour and mutual respect. Awareness initiatives should stress the use of designated crossings, avoiding phone use while walking, and following road rules. Engaging local communities in road safety programs will result in more customized, effective solutions.
With India accounting for over 11% of global road deaths, these strategies can play a pivotal role in reversing the surge in pedestrian fatalities and creating safer urban spaces.
The escalating pedestrian fatality rate in India is a pressing issue that requires a multi-faceted approach involving all stakeholders. Through a combination of improved infrastructure, targeted safety campaigns, enhanced law enforcement, and community engagement, it is possible to reverse this trend and ensure that walking remains a safe and viable transportation option.