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Apex Court held the Insolvency and Bankruptcy Code (IBC), 2016 – The object and purpose of the IBC is not to kill the company and stop/stall the project, but to ensure that the business of the company runs as a going concern.
Dr Prem Lata
The Indian Judiciary and the Constitution of India believe that every citizen of India must get “complete justice”. The Constitution of India under Article 142 grants the power to the Supreme Court for passing any decree to do “complete justice” Further, there is no specific guideline or rule provided by the law which explains when, where and under which circumstances the Apex Court can invoke the said article to do “complete justice”.
This was yet another way by which homebuyer’s interest is protected by making an arrangement to settle their disputes in a very short procedure before National Company Law Tribunal (NCLT). For years, home buyers were dependant on Consumer Commissions only for the redressal of their grievance and refund of their hard earned money invested with builders. Then came the RERA (Real Estate Regulation and Development) Act 2016, which came as an additional remedy to home buyers and made a remarkable change in the real estate sector. The amendment in section 5 of IBC 2016 made home buyers financial creditors which was another boost for consumers. With this, yet another window opened for investors in developers’ projects and now NCLT also came ahead in settling accounts between disputing parties.
The courts are creating history by adopting very positive approach towards the aggrieved consumers through number of judgments during the last decade which is a big relief to the general public at large. In the above case, the Hon’ble Supreme court has exercised its power under Art 142 of the constitution (which is done in rare cases) and given relief to both the parties, home buyers as well as the developers and brought an end to the litigation.
Home buyers in the housing project, Krrish Provence Estate at Gurgaon had gone against Jasmine Buildmart Pvt and invoked Section 7 of IBC 2016 before the Adjudicating Authority/NCLT, Delhi in CP No. 1722/ND/2018 seeking initiation of CIRP against Builder, the Corporate Debtor and obtained order in their favour. NCLT/Adjudicating Authority admitted Section 7 application on 28.11.2019 and appointed the Interim Resolution Professional ‘IRP’ and declared a moratorium. The original applicants had sought refund of an amount of Rs.6, 93, 02,755/- due to an inordinate delay in the completion of the project and failure to handover possession within the stipulated time and could not complete the project even after a period of eight years. Builders knocked at Supreme Court’s door for stay on the insolvency proceeding against them as ordered by NCLT, in view of the fact that parties have settled the matter between themselves and the petitioner/home buyers be allowed to withdraw their application under section 7 of IBC 2016.
It was revealed before the Court that out of 128 home buyers of 176 units, 82 home buyers have settled the dispute with the corporate debtor including the original applicants/respondent nos. 1 to 3 who had initiated the IBC proceedings. It was reported that the original applicants/ respondent Nos.1 to 3 as well as 79 home buyers have settled the dispute with the corporate debtor in terms that the corporate debtor shall complete the entire project and hand over the possession to the home buyers who wanted possession within a period of one year from today. In view of this development and pursuant to order dated 4.2.2022, 1 to 3 original applicants before the NCLT who has initiated the proceedings under Section 7, filed an application for withdrawal of the proceedings. However, there is no provision in the Code or the CIRP Rules in relation to permissibility of withdrawal post admission of a CIRP application. In the present case, although the COC was constituted on 23.11.2020, there has been a stay of CIRP proceedings on 3.12.2020 (within ten days) and no proceedings have taken place before the COC. It is to be noted that the COC comprises 91 members, of which 70% are the members of the Flat Buyers Association who are willing for the CIRP proceedings being set aside, subject to the appellant and the Corporate Debtor – company honouring its undertaking given to this Court as per the settlement plan dated 3.2.2022. Therefore, in the peculiar facts and circumstances of the case, where out of 128 home buyers, 82 home buyers will get the possession within a period of one year, as undertaken by the appellant and respondent No.4 – Corporate Debtor, coupled with the fact that original applicants have also settled the dispute with the appellant, we are of the opinion that this is a fit case to exercise the powers under Article 142 of the Constitution of India read with Rule 11 of the NCLT rules, 2016 and to permit the original applicants to withdraw the CIRP proceedings.
The Jasmine Buildmart Pvt. Ltd. were directed to file separate undertakings before this Court, within a period of one week, specifically stating and undertaking that:
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Munching between meals is often seen as an unhealthy habit. Mostly because the snacks we usually munch on are unhealthy and could be high in calories, fat, sugar, and salt, and low in essential micronutrients. But it is wrong to think that inter-meal munching is a bad idea. In fact, eating the right inter-meal snack may aid satiety, and even promote some dietary goals such as weight loss. There are many ways to turn it into a healthy habit. In this article, we explain how to do so.
Richa Pande
Eating at short and frequent intervals has many health benefits. It can aid in satiating the appetite preventing binge eating episodes later. This can make your weight loss journey easier. It helps in stabilizing blood sugar levels. It supports efficient metabolism mechanism compared to a slower metabolism which results from skipping meals. Eating at shorter intervals is also good for your digestion. Eating an inter-meal snack rich in complex carbohydrates with protein has been found to improve mood and productivity.
Have you noticed you tend to experience hunger pangs more when you are having a hectic day, or you prefer unhealthy foods when you experience stress? Similarly, we choose to have an extra meal on a stressful day. Evidence suggests that if you experience stress occasionally, stress can shut down your appetite. But if stress episodes persist, it can lead to hunger pangs, and increase in consumption of food high in fat and /or sugar.
Prolonged screen time is associated with increased appetite and unhealthy snacking habits. Note that all screen time is not of the same quality. Leisure screen time is not similar to educational screen time.
All the claims made by brands in food marketplaces are not true at all. Some does not even make any sense. For instance, NO CHOLESTEROL claims on plant-based uncooked foods such as pasta. Consumers who check information on food labels can smartly identify the truth behind the marketing gimmicks. These are some tips that can help you in making smart choices:
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To ensure availability of safe and hygienic food to consumers, effective food testing measures are vital at every necessary step throughout the food value chain. The objective of food testing is to ensure that the food is free from the below mentioned hazards:
Food Safety and Standards Authority of India (FSSAI), an apex food regulator, has been continuously working towards improving the food testing ecosystem in the country. Two well established and fully equipped laboratories are supported by FSSAI in Delhi-NCR and Kolkata. They have a significant number of State Food Laboratories as well as NABL accredited private labs with a network of almost 190 notified food testing laboratories.
For improving the food testing infrastructure in the country, FSSAI is implementing a Central Sector Scheme for “Strengthening of the Food Testing Ecosystem” in the Country with a total outlay of Rs. 481.95 Cr that includes provisioning of modern testing equipment in State Food Laboratories across the country as well as allocating Mobile Food Testing Labs and other related measures. To ensure quality and consistency of results from participating food laboratories, FSSAI has recognised food labs as per ISO 17025/2017 only through NABL under integrated assessment system. These labs are being monitored by NABL through audits, verification and other periodical desktop surveillance audit, reassessment and renewal of accreditation.
Food testing is an important part of the food safety ecosystem. It helps in determining any risk that is associated with the food products and builds confidence in consumers that the food available for consumption is safe and hygienic. FSSAI aims to keep the confidence of consumers intact and continues to build a more robust food safety ecosystem in the country to ensure effective food safety as well as credible food testing measures at every level.
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These days, vegan meats are readily available in restaurants, supermarkets, and grocery websites of different brands. Some commonly used foods to prepare these mock meats are peas, jackfruit, soy, quinoa, mushrooms, rice, moong bean, pulses, potatoes, etc. Many of these have a good protein content, specifically soy that has high biological value protein. Flavour plays a vital role in the acceptability of vegan meat. Leghemoglobin extracted from plants makes imparts this flavor to the vegan meat. There is a common notion amongst manufacturers that people prefer meat products over vegan meats as they are better in taste. Studies suggest that consumers found vegan and non-vegan burgers similar in taste, texture and appearance.
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Since 1983, March 15th has been celebrated as World Consumer Rights Day. It is the day when the US President, John F Kennedy sent the message to the US Congress in 1962 outlining the four fundamental consumer rights – the right to safety, the right to be informed, the right to choose and the right to be heard. To promote these consumer rights and to resolve consumer disputes in a timely manner, the Indian Parliament adopted the Consumer Protection Act (CPA) in 1986.
Bhamy V. Shenoy
The theme of WCRD for this year is Fair Digital Finance. The vision of Fair Digital Finance is to build a marketplace that is inclusive, safe, data protected, and sustainable for everyone. These are laudable goals. However, for us in India, more pressing problem should be the way our consumer courts are functioning. The most important goal for a common consumer is simple and basic. It is to reinvent the consumer courts to fulfil the fundamental idea of helping the common man get speedy justice without the help of a lawyer.
Over the years, consumer courts have become veritable civil courts. They often recommend seeking legal help. Adjournments are given on the fly and that too without imposing penalty as required. Less than 25% of cases are resolved within the mandated period of 90 days. Still, while celebrating WCRDs or National Consumer Days, their presidents talk eloquently about how easy and quick it is to get judgements.
In fact during the celebration of WCRD last year at Vidyavardhaka Law College, Mysuru District Consumer Redressal Commission (Consumer Court) B Narayanappa stated that a consumer can simply submit the complaint on a white sheet of paper. When he was questioned why the commission cannot give judgment in one sitting without any adjournment, his answer clearly showed how the consumer court has become a civil court. He responded that the process involved getting evidence, framing charges, assessing credibility of evidence, etc. These are all the steps involved in civil and criminal courts when the CPA clearly states they should settle cases without applying a complex process and it should be a summary trial.
Judges who are used to the elaborate process cannot change overnight unless they are given special training on the basic philosophy of CPA. They are all experienced judges. Still they need to learn about the history of consumer movement, and make them familiar with several consumer related laws. Above all, they should imbibe the basic principle of consumer to be treated as a king while purchasing goods and services. Moreover, at government offices, officials should treat people as their “masters and not as servants”. The colonial mentality prevailing in government offices and consumer courts needs to go.
A recent example of a complainant seeking help in the Mysuru Consumer Court vividly proves how they are consumer-unfriendly and go against the spirit of the CPA. A consumer had purchased a tour package from a travel agency and the travel agency failed to comply with the contractual terms. For example, the quality of hotels were less than promised with poor quality food (the consumer had to seek medical help), sightseeing sites were cancelled at the last minute, etc. The consumer finally had to curtail the trip and return home.
When he went to the consumer court to submit the complaint, he was first asked to contact a lawyer. The complainant told the staff that he has been advised by a consumer activist that there is no need of a lawyer. He was then asked to bring five copies of the complaint and two stamped envelopes which can be sent by registered post. The next day, when the complainant went to submit the complaint, he was advised again that he should make use of free legal help so that the complaint is filed properly as per some set format. Once more when the staff was reminded of the public statement by her president that a complaint filed on plain sheet of paper will be acknowledged, the complaint was accepted.
It is useful to quote a recent judgment to show how India’s Supreme Court has concern and interest in assisting the consumers while our own consumer court upholds “formality” reflecting colonial mentality. Just last month, the SC imposed a fine on states which have failed to fill vacancies in consumer courts and also failed to provide needed infrastructure. While passing judgement, it observed that the “scope of the Consumer Protection Act is to redress the small aspect of daily lives of the consumers”. Unfortunately, such sentiments of SC are not shown by consumer courts. Mysuru’s (it is no different at other places also) court refused to meet the consumer activist who sought a meeting to discuss the consumer unfriendly behaviour of his staff.
Let me end by giving my own example of seeking redressal against an electrical contractor and Karnataka State Road Transport Corporation (KSRTC) in 1990. In the former case, the contractor had failed to provide the promised services and in the latter, KSRTC had failed to take me to my destination by giving a lame excuse. In both the cases, I filed the case on a plain paper just giving the deficiency in service and did not have to follow any set rules and formalities. Also, there was no adjournment though the respondent was not present in the case of KSRTC. It is rather sad that when Consumer Courts came into existence, getting redressal as implied by SC to help the common man was indeed simple, and today they have become veritable civil courts. Part of the blame has to be accepted by us, the people.
To enjoy the fruits of democracy we need to be ever vigilant. We need to get involved to put pressure by taking appropriate steps like filing PILs if needed, complaining to the ministry of consumer affairs and National redressal Commission, etc. When all else fails, we should be ready to undertake even Satyagraha. Only when we are mistreated at consumer courts, we get agitated. But we are never ready to join a movement to bring reform. Shall we on this WCRD resolve to fight for our consumer rights?
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The Food Systems encompass various stages of the food value chain ranging from production, storage, processing and manufacturing, to distribution, retail, and consumption. This is a highly interconnected approach which involves a shared responsibility between governments, producers, food businesses along with consumers. Here, everyone has a role to play from farm to table to ensure that the food we consume is safe, nourishing and sustainable to both people and the planet.
With market and trade globalisation, people in both developed and developing nations have been experiencing many changes in their way of living as well as eating habits. Within the supply chain which is increasingly becoming more and more complex in the globalised market, adulteration (unintentional or intentional) is the key food safety issue. Regulatory bodies are challenged with major food safety and public health issues resulting from changes in the food production and supply along with environmental changes, leading to contamination of food with new and emerging bacteria, toxins, and antibiotic resistance and consumer preferences and habits leading to increase in imported foods.
Increase in imports of food/processed food items due to cost concerns, consumer demand for diverse food products also provides chances for food contamination/adulteration. At this juncture, what should be the effective strategies to address the emerging challenges to provide safe, healthy, nutritious and sustainable produced food to the world’s population? The answer lies in the food systems approach. The world needs to rethink the ways in which food is produced, processed and consumed.
This year’s Food Systems Summit, scheduled to take place in the month of September in New York, envisions for a common platform for ambitious actions, innovative solutions, and strategies to transform the world’s food systems, as part of the Decade of Action to achieve the Sustainable Development Goals by 2030. Guided by the Five Action Tracks mentioned below, the Summit 2021 envisions bringing together key players and drawing on the expertise of actors from the worlds of science, business, policy, healthcare and academia, as well as farmers, indigenous people, youth organisations, consumer groups, environmental activists, and other key stakeholders. These five steps include:
Convened by the United Nations Secretary General, the first ever UN Food Systems Summit’s fundamental commitment is inclusivity. This is truly a people’s Summit, and everyone everywhere is encouraged to contribute – from small farmers and research scientists, to indigenous leaders and corporate executives, to youth organisers and environmental activists, to supermarket cashiers and avid home cooks. There are many ways to get involved in the Food Systems Summit, from becoming a Food Systems Hero, helping to raise awareness of food systems on social media, to hosting or joining a dialogue. This will help bring about tangible, positive changes to the world’s food systems.
Towards ‘Sahi Bhojan. Behtar Jeevan’
The Eat Right India movement envisions safe and nourishing food for all Indians produced in environmentally sustainable systems. This has led the movement to gain a lot of national and international recognition. Recently, the Eat Right India movement was declared as one of the top visionaries for the Food Systems Vision Prize 2050. This Prize was instituted by the US-based Rockefeller Foundation in association with Second Muse and Open Ideo. The ten finalists shortlisted among over 1300 applicants were announced as Top Visionaries.
Based on the key themes of Eat Safe, Eat Healthy, and Eat Sustainable– the Eat Right India movement adopts a judicious mix of regulatory, capacity building, collaborative and empowerment approaches to ensure that our food is good both for the people and the planet. Further, it builds on the collective action of all stakeholders – the government, food businesses, civil society organisations, experts and professionals, development agencies and citizens at large.
The action plan of the movement includes a bouquet of initiatives to promote demand for, and supply of, safe and healthy food in a sustainable way. While the supply-side interventions are primarily aimed at building the capacity of food businesses to promote self-compliance, the demand-side initiatives work towards motivating consumers to demand safe and healthy food, by encouraging good food practices and habits.
Eat Right India has devised FIVE KEY ACTIONS to achieve its vision.
Eat Right India is also aligned with various government flagship programmes such as POSHAN Abhiyaan, Anemia Mukt Bharat, Ayushman Bharat and Swacch Bharat Abhiyaan. To institutionalise the Eat Right India, an inter-ministerial steering committee has been set up with representatives from all related ministries and departments such as women and child development, environment, science and technology, agriculture, food processing, food and public distribution etc. This also includes members from our training and audit community, development partners and industry representatives through associations. This would ensure continuity, scale up and real time monitoring of various initiatives and programmes under Eat Right India.
Eat Right India brings together diverse stakeholders from various institutions such as government departments, consumer organisations, development partners, industry associations, academia, professional associations etc., working closely on the food systems identified from pre-existing multi-stakeholder platforms or coalitions working on various food-related issues. The movement adopts a ‘whole of government’ approach, bringing together all food-related mandates from ministries of agriculture, health, environment and others.