The developed countries enact laws and vehemently enforce them to protect consumer rights. Some Asian countries also attach importance to safeguarding consumer rights. In 1986, India formulated a law to protect the rights of consumers and established special consumer courts at district level. Bangladesh, Sri Lanka and Malaysia also rank amongst countries, which have effective laws to protect consumer rights.
In Pakistan, till recently, ‘consumer rights’ were neither defined nor understood nor there was any organization to protect them.
Consequently, the sellers did not bother about what they said regarding the quality of products or services being offered to consumers. Most of the goods were sold on “as is, where is” basis. Further, there was no come back for products not conforming to specifications.
For safeguarding consumer rights, Pakistan took the initiative in 1995 when the federal government promulgated Islamabad Consumers Protection Act. Through an ordinance, issued in November 2007, a new clause ‘8-A’ was inserted in the original bill, making profiteering, hoarding, black marketing, adulteration, counterfeiting, sale of expired/spurious/injurious to health goods or charging more than the officially fixed price a cognizable offence under Section 144. This section allows the consumer court magistrate to impose fine or sentence or both on sellers of substandard goods or those non-conforming to claims made by producers.
The act confers upon district and sessions judge, Islamabad, special powers of consumer court magistrate. A consumer protection council has also been constituted under this act; while the federal interior ministry is the custodian department for protecting consumer rights in ICT.
The Islamabad Consumers Protection Act has a special significance since it became a precursor for the adoption of similar laws by the provinces. While profiteering, hoarding and black marketing prevails and sale of sub-standard goods has become the norm, the implementation of this law, however, leaves much to be desired.
Punjab CPC
Under the Consumer Protection Act of 2005, the Punjab government has established a Consumer Protection Council (CPC) for protecting consumer rights and redressing their complaints.
In addition to action on public complaints, CPC can also act suo motu. Though established recently, Punjab CPC has been quick to set up consumer complaint centres and consumer courts.
With Minister for Industries as chairman, CPC Punjab has 11 official members (excluding the minister) and 11 private members. Its official members include: chief secretary Punjab, IG police, secretaries of home, industries, health, food and labour departments and additional secretary PPSB. In addition to four members nominated by the chief minister, CPC’s other private members are president of Lahore Chamber of Commerce and Industry, three lady social workers and representatives of three NGOs working for protection of consumer rights.
With head office in Lahore, CPC has established consumer courts and councils at divisional level, namely in Rawalpindi, Gujrat, Sialkot, Gujranwala, Lahore, Faisalabad, Sargodha, Sahiwal, Multan, Bahawalpur and Dera Ghazi Khan. However, district DCOs are also authorized to hear public complaints, impose fine upon recalcitrant manufacturers or refer their cases to consumer court/council.
District CPCs comprise 18 members. They are nine officials and nine private members, including five respectable citizens, president of the local chamber of commerce and industry and three lady social workers.
In addition to DCO, other official members of district CPC include EDOs finance and planning, health, community development and revenue departments, district officer agriculture, police and E&IP departments as well as a tehsil municipal officer.
Sindh CRC
Amongst provinces, Sindh took the lead in setting up a 15-member Consumer Rights Council (CRC) in September 2005, through an ordinance issued by Sindh governor. However, CRC’s jurisdiction is restricted to Karachi city only. With Governor Sindh Dr Ishratul Ibad as patron, CRC comprises civil society activists drawn from the media, bar, NGOs, respected citizens, etc. However, the government of Sindh has not been able to adopt a formal law so far and establish the necessary infrastructure and consumer courts across the length and breadth of the province. For want of proper infrastructure, the consumers in Sindh largely remain at the mercy of producers and sellers of goods. In Karachi, CRC has established a dedicated ‘Consumers Complaint Pilot Centre’ at Gulberg Town (Federal ‘B’ Area) for providing relief to consumers.
NWFP Council
The NWFP Assembly adopted a Consumers Protection Bill in 1997, which was amended in 2005. This law provides for the setting up of a provincial council for protection of consumers rights. The provincial minister health would be chairman of the consumers’ protection council, while secretary industries would be its ex-officio secretary. Its members would include secretaries food and health departments, additional inspector general of police, Peshawar district nazim, president NWFP chambers of commerce and industry and two members from the civil society as observers. However, the provincial government has not enforced this bill so far.
Balochistan
In Balochistan, Consumers Protection Bill was adopted by the Provincial Assembly on October 30, 2003. Under this law, a provincial council for protecting consumer rights has been constituted but district councils have yet to be formed. Instead of establishing special consumer courts, the law empowers judicial magistrates to hear consumer complaints.
Lodging Complaints
Since, it was not mandatory earlier to provide details regarding composition/specification of goods, the manufacturers and service providers exploited this aspect to withhold exact data about their products/services. In such a situation, consumers were at a loss to protect their interests. CPC officials say that while buying a product, it is the consumer’s right to obtain a proper receipt and other relevant details about the product, including name of the manufacturer, place of manufacture, design, warranty period, specifications, procedure for return of defective goods, etc. If the consumers obtain these details, in writing, they can present the receipt and other relevant data as proof in cases involving litigation.
In Punjab, if a consumer wants to get a defective product replaced or the manufacturer fined, he is required to lodge a complaint with the DCO or the nearest consumer court or CPC branch either on telephone or through CPC website or by mail. Likewise, if dissatisfied with the service, the consumers can lodge complaints against providers of medical, legal, technical and other services.
Under law, DCO is authorized to fine the manufacturer of defective goods up to Rs50,000 to be deposited in government treasury. However, for claiming damages, the consumer has to contact the consumer court and plead his case, through a lawyer, in that court. While filing his case in the court, the consumer can demand any amount in damages, inclusive of lawyer’s fees and other expenses. The law empowers the court to fine the manufacturer in proportion to the nature of the case and the extent of damages. If it is necessary to get a product tested from a laboratory, the court can advise the consumer to bear the cost, but when the case is proved, the manufacturer is bound to pay those expenses to the consumer as well.
Since the public is not aware of the working of consumer councils and consumer courts, the authorities need to create awareness of the consumer rights and the procedure for lodging complaints. Furthermore, emulating Punjab, other provinces also need to initiate steps for the effective implementation of laws for protecting the rights of consumers.