Consumer Protection
Purpose of Consumer Protection Law.
Consumer Protection law provides protection to the consumer against issues like fraud and others when they purchase a product or service.
Meaning of Consumer
Any person who-buys goods for a consideration which has been paid or partly paid and partly promised to be paid or under any system of deferred payment or hire purchase and includes any user of such goods but does not include a person who obtains such goods for resale or for any commercial purpose or hires any goods or services 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 services.
Meaning of Services
Services includes services of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, manufacturing, processing, accountancy, supply of electrical, mechanical or any other form of energy, boarding or lodging, entertainment, medicine, education, construction work, amusement, catering, security, or purveying a news or other information, and similar other services, but does not include the rendering of any service free of charge or under the contract of personal service
Unfair trade practice
A trade practice which, for the purpose of sale, use or supply of any goods or for provision of any service or for their promotion, adopts one or more of the following practices, causes loss or injury through hoarding, black marketing, adulteration, selling of expired drugs, food items and commodities unfit for human consumption, or charging for the goods and services in excess of the price fixed by an authority authorized to do so under any law for the time being in force or in furtherance of such sale, use or supply makes any statement, whether orally or in writing, or by chalking on walls or through sign-boards or neon- sign or by distributing pamphlets or by publication in any manner, including through electronic media, by –
- falsely representing that the goods or, as the case may be, services are of a particular standard, quality, quantity, grade, composition, style or mode;
- falsely representing any rebuilt, second-hand, renovated, reconditioned or old goods as new goods;
- falsely representing that the goods or, as the case may be, services have sponsorship or approval of the competent agency or authority or possesses specified characteristics, performance, accessories, uses or benefits which such goods or services do not have;
- falsely representing that the goods or services offered fulfill the prescribed standard fixed by local or international authorities;
- giving misleading representation of the need for, or the usefulness of any goods or services;
- falsely giving to the public any warranty or guarantee of the performance, specification, required ingredients, efficacy or length of life of a product or any goods that is not based on an adequate or proper tests thereof;
- falsely offering for sale or on lease any premises, plot, house, shop or building with specified facilities or with the promise to deliver possession thereof within a specified period or without any escalation in price or by falsely representing that such premises, house, shop or building is being sold, built or constructed in accordance with the approved plans, specification and approval of the concerned authorities;
- misleading the public concerning the price at which a product or products or goods or services have been, or are ordinarily sold or provided;
- giving false or misleading facts regarding facilities available in the private educational institutions or falsely representing that such institutions have proper approval of the concerned authorities;
- falsely representing for provision of services by professionals and experts, including by doctors, engineers, advocates, mechanics, teachers, hakeems and spiritual healers;
- giving false or misleading facts disparaging the goods, services or trade of another person, firms, company or business concern;
- advertising for the sale or supply at a bargain price of goods or services which are not intended to be offered for sale or supply at such price;
- offering of gifts, prizes or other items with the intention of not providing them as offered or creating the impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction; and
- falsely gives description of commodities and services offered through mail
Prohibition of false advertisement, etc
No company, firm or person shall advertise in any manner not authorized by law for the sale or hiring of goods or services or any property, movable or immovable, or solicit deposits for repayment at higher rates of profits or interest and thereby causes loss to any consumer, whether financial or otherwise
Notwithstanding any punishment provided for making misrepresentation, false or misleading advertisement in any other law for the time being in force, the company, firm or a person making such advertisement shall be liable to pay such compensation as the Authority may direct for causing loss to the person affected by such advertisement.
Penalties under Islamabad Consumer Protection Act 1995
(1) Where any right of consumer required to be protected under section 5 of the Act is in any way infringed, the person responsible for such infringement shall be punished with imprisonment which may extend to two years, or with fine which may extend to forty thousands rupees, or with both.
- Whoever makes advertisement through print or electronic media or by chalking on walls or in any other manner in contravention of section 7, he shall be punished with imprisonment which may extend to two years, or with fine which may extend to thirty thousands rupees, or with
- The Authority may, where it deems appropriate, order for payment of compensation to the consumer to the extent the consumer has suffered any damage or loss through any unfair trade
- The Authority may, where it deems necessary for protection of the rights of other consumers, order for confiscation of any goods or material or direct for their
Penalties under The Punjab Consumer Protection Act 2005
- Penalties.– (1) Where a manufacturer fails to perform or in any way infringes the liabilities provided in sections 4 to 8, 11, 13, 14, 16, 18 to 22, he shall be punished with imprisonment which may extend to two years or with fine which may extend to hundred thousand rupees or with both in addition to damages or compensation as may be determined by the court.
(2) Where a defendant or the claimant fails or omits to comply with any order made by the Consumer Court, such defendant or the claimant shall be punishable with imprisonment for a term not less than one month which may extend to three years, or with fine not less than five thousand rupees which may extend to twenty thousand rupees or with both.
Essentials Steps For Filing Consumer Complaint:
- Legal Notice
Fifteen Days Legal Notice to Service Provider/ Provider of defective product/Seller/ Manufacturer.
- Filing of Complaint
The Consumer may file case Consumer Court which is headed by the District judge, If matter is not resolved through legal notice, then consumer may file a case / claim on plain paper for redressal of his / her / their grievance before the Consumer Court within subsequent fifteen days.
- The court shall decide the all type of claims within 6 months.
- If Claim is proved :-
If the Complainant satisfied the court that his rights are infringed, the honorable court may impose fine, or may punished with imprisonment or both.
Different Consumers Laws in Pakistan
- Khyber Pakhtunkhwa Consumers Protection Act, 1997
- Islamabad Consumer Protection Act, 1995
- The Baluchistan Consumer Protection Act, 2003
- The Punjab Consumer Protection Act, 2005
- The Sindh Consumer Protection Act, 2007
