Friday, October 12, 2012

Walmart-Bharti deal under probe on FDI norms violation



No wonder that Walmart had entered India's front-end multi-brand retail business two-and-a-half years before the government actually lifted the ban on foreign investors. It is not surprising to note that the Prime Minister's Office (PMO) has forwarded to the Department of Industrial Policy and Promotion (DIPP), an allegation by CPI Rajya Sabha member MP Achuthan that raised specific questions on Wal-Mart's R456-crore investment in a company called Cedar Support Services through compulsorily convertible debentures (CCDs) in March 2010. Multinational corporations like Walmart generally do not respect the rules and regulations of the host countries, particularly the developing countries. Reports suggest that they often violate the laws and indulge in unlawful activities .For instance, when the foreign banks such as Citi Bank and HSBC entered India, they agreed to adhere to the rules and regulations imposed by Reserve Bank   of India and strictly follow the laws of the land. But after stepping into Indian soils they often violated the BRI guidelines as well as rules and regulations, besides breaking Indian laws. Quite often they indulged in criminal and unlawful activities.  In their efforts to broad base their activities and customer base such foreign private banks, through advertising, propaganda and persuasion, had brought into their net a large section of the urban middle class people. In fact, millions of unwary urban middle class households, who have a bundle of unmet needs, were drawn to enter into a borrowing spree. Many of them were chained to the perpetual wheel of borrowing and indebtedness, through the issue of credit cards and leasing and hire purchase. The saddening aspect of such a trend is that many households had undergone extreme troubles and tribulations to meet the monthly commitment for the repayment of hire money or other obligations. Such foreign banks often adopted unlawful and criminal tactics to realise the payment due from the distressed borrowers. Some of the techniques followed by them are unknown in their countries of origin. The modus operandi is to engage “collection agents” who, in turn, with the help of `paid goondas’ visit the customers at the office  premises, residences and at odd places at odd times, including  during midnight and early mornings, and intimidate them, including women, children and the aged. Sometimes they forcefully take away household articles, jewels and other immovables. There are also instances in which they have obtained forcefully signatures of the customers for the sale of their immovable properties. In one instance, in Mumbai, one such agent of Citibank N.A. demanded “the kidney of a customer” in lieu of repayment of loan.  In another incident in chennai the goondas engaged by one such agent of the Citibank N.A. abducted a young entrepreneur from his residence, kept him in custody and beaten him mercilessly causing grievous injury.  It was reported that but for the intervention of the Chennai Police Commissioner, he would have been tortured and done away with.  
   Walmart currently partners Sunil Mittal-led Bharti Enterprises and it has stated that the partnership will continue. Apart from that Walmart is reported to be planning a series of partnerships with small and mid-level suppliers in India across product categories to create a big list of private label brands that will be priced substantially lower - as much as 10-15% - than established products and brands. The move is part of the company's strategy to go deeper into the into those states which do not allow Walmart to set up shops. It also signifies that Walmart is going against its original commitment that that will directly procure from the farmers and hence the farmers will get better price. According to Mr. Jain 95% of what they sell will procured from within the country. But what is the guarantee that Walmart will continue to do so. In fact, in other countries, including the United States, Walmart is selling cheap Chinese goods.  Walmart has already has a joint venture with Bharati. It is alleged that Bharti-Walmart is illegally carrying out multi-brand retail trade despite being permitted only to carry out wholesale cash-and-carry or wholesale trade in the country. On the basis of the suit filed by environmental activist Vandana Shiva, the Delhi High Court sought replies of the Centre, Bharti-Walmart and Bharti Retail on a plea for a probe against the firms for allegedly carrying out retail trading in the multi-brand sector in violation of India’s existing FDI policy. Thus, even before getting permission to operate, Walmart has violated Indian rules and regulations and has unlawfully involved in multi-brand retail trading. Will Walmart and other multinational retail giants respect Indian laws once permission is granted to operate multi-brand retail stores?
   Dr.C.Murukadas, Hindustan Times, October 12, 2012

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