Tortious liability and claim under tort have no applicability in a country like Pakistan but interestingly with the passage of time our public policies are changing and special laws are enacted from tort so we can have a fast remedy and speedy trials. Tort is a summary procedure and have it’s significance all over the world. Unfortunately in the past we were quite not diligent about the new ways and techniques going on in the world but now we accept the pertinent value of tort and try to enforce it in our country too.

The word Consumer generally means

“Someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing.”

The consumers are the real reason for the production of the goods manufactured and the services advanced. The consumers are a vital part of trade market and they have complete right to determine and buy the products wisely and intelligently giving consideration to the prices and the worth of those goods.

Consumers and customers are usually taken advantage of for the purpose of misleading and misguiding them into buying fraudulent, misrepresented and inadequate goods and services which results adversely and in a crippling way. Therefore, the protection of consumer rights is substantial.

CONSUMER RIGHTS:

In 1962, President John F. Kennedy presented a speech to the United States Congress in which he extolled four basic consumer rights which are the following:

The right to safety,

The right to be informed,

The right to choose,

The right to be heard.

These are the basic rights that a consumer is given while he is purchasing merchandise or a service. He must be informed about the quality, quantity and the durability of the product before he invests his money in it. Also he must be given a full right to choose for himself other than having being pressured and manipulated by the manufacturers into buying a specific over-priced product fraudulently.

 

CONSUMER PROTECTION:

Consumer Right literally means “The legal and moral duties of protection owed to a purchaser of goods or services by the supplier”

Consumer Protection Laws are designed mainly to protect the consumers against damaged, faulty misrepresented, dangerous and hazardous good and services which could result in a detrimental way. These laws are also made in order to avoid unfair trade and business practices.

Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors; they may also provide additional protection for the weak and those unable to take care of themselves. Consumer protection laws are a form of government regulation, which aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of consumer rights, and to the formation of consumer organizations, which help consumers make better choices in the market place and get help with consumer complaints. This protection must be ensured by the Government by providing implementing laws against the violation of the purchaser rights.

There were six objectives before the UN General Assembly when Guidelines for consumer protection were adopted.

To assist countries in achieving or maintaining adequate protection for their population and consumer.

To facilitate production and distribution patterns responsive to the needs and desires of consumers.

To encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers.

To assist countries in curbing abusive business practices by all enterprises at the national and international levels which adversely affect consumers.

To facilitate the development of independent consumer group.

To further international cooperation in the field of consumer protection.

NEED OF CONSUMER PROTECTION:

Consumer protection is a form of Government regulation that aims to protect the rights of the consumers against all the injustice done in the trade market.

Consumer Protection is mainly need to protect the innocent people and citizen from any kind of trade mafia. There have been numerous instances where such fraudulent and inadequate goods where manufactured and sold to the customers who were made to face the consequences of those illegal and hazardous goods.

EXAMPLES:

Fake and replica medicines and syrups made by the pharmacies which are usually not registered.

Facial creams manufactured by harmful and substandard chemicals destroying the skins of the consumers.

Hair oil with hazardous ingredients.

Food items containing such preservatives that could harm and destroy the system of a human body

The use of haram and forbidden ingredients such as alcohol and pork in the frozen and fresh foods.

Use of rotten animals and eggs in the restaurants which usually results in the consumers being hospitalized.

False warrantee cards issued with the products in order to fool and deceive the consumers.

Old and rotten food sold in the retail markets.

Copied item sold in the name of original brands on high prices.

These kind of illegal and illicit practices have gain power and have become very common in Pakistan. In spite of abundant laws made and implemented there are people with criminal tendencies who have the guts to perform action with unfavorable consequences. In order to completely eradicate them and to maintain a healthy trade environment, law enforcing agencies have been strictly and vigilantly watching over the trade practices in the country and interrogating the suspects who are presumed to be a part of any kind of inappropriate business and trade.

 

CONSUMER PROTECTION LAWS IN PAKISTAN:

There have been numerous laws written, enacted and implemented in the states of Pakistan for the protection of the consumers against all the fraudulent and misrepresented goods and services. These laws are exclusively made to keep a check on any kind of unfair and unjust trade practices that take place in the country. Following are the statutory acts specifically procured for the purpose of governing and protecting the rights of the consumers while the purchase of goods and services takes place.

The Islamabad Consumer Protection Act 1995

The NWFP Consumer Protection Act 1997,

The Balochistan Consumers Protection Act 2003

The Punjab Consumer Protection Act 2005

The Sindh Consumer Protection Ordinance 2007

Consumer Protection law has finally been introduced across the country and is gradually gaining ground. Islamabad Consumer Protection Act 1995 broke the ice and The Sindh Consumers Protection Ordinance 2007 was the last to follow suit. In most developed countries this aspect of law has been firmly entrenched while the developing countries have realized its importance in the last two decades. These laws are not just interpreted but are also strictly enacted and implemented in the country, ensuring the protection and security of the rights of the consumers. Different ordinances and acts over consumer protection have been introduced in the provinces with the aim to maintain the territorial jurisdiction of the courts.

OBJECT AND PURPOSE OF CONSUMER PROTECTION LAWS IN PAKISTAN

Object of Consumer protection laws is to provide for protection and promotion of rights and interest of the consumer, speedy redressal of Consumer Complaints and for matter connected therewith. Purpose of the Consumer Protection Laws is to furnish speedy remedy to the Consumer for the claim of damages on account of defective product or service. Consumer who suffered damage had two options either to file complaint before the Competent Authority or file claim for damages.

 

CASE LAWS:

There have been plentiful cases where the consumers where deceived or manipulated by the manufacturers and were later on sued and were held liable for compensation and damages. Consumer protection is dealt under civil law therefore most cases are brought before the civil courts and decided by the civil judges. Complaints by the consumers are made under Consumers Protection Acts and claiming for fair compensation, damages according to the province where the aggrieved consumer resides in order to maintain the territorial jurisdiction of the court.

 Following are the cases in which people were sued by the consumers and were held lible for heavy compensations:

Liaqat Ali Chohan V/s Malik Muhammad Nazir

Case History:

the petitioner entered into a contract with the respondent for shuttering and filling of the concrete roof of second floor  of his house and paid the respondent an amount of Rs. 7000/-  in advance whereas the total consideration was Rs. 9000. The respondent showed negligence and used substandard material in shuttering. The material used was expired one and due to substandard material the level of shuttering was not balanced. Similarly the filling of concrete in roof was not done in satisfactory way.

The respondent was liable to pay Rs. 7000 to the petitioner and was also burdened with cost of Rs. 10,000 as compensation.

Osama Shahid V/s Dr. Shamshad Hussain.

Case History:

The claimant approached the respondent who conducted his medical tests and issued a medical report signed by the respondent dated 24-02-09 recording that the Anti HCV of the petitioner was re-active. In fact the petitioner wanted a job at Saudi Arabia, therefore he approached the respondent for his healthy status and medical findings on the advice of GAMCA as per the complaint he was declared unfit for the job of In charge Man Power Business Unit in Saudi Corporation based at Al-Jubail Kingdom of Saudi Arabia.

Therefore, complainant got himself re-examined from renown and reputed diagnostic laboratories of Pakistan i.e. Shoukat Khanum Memorial Cancer Research Hospital Laboratory on 25.02.09, As per reports issued he was found to be Anit HCV non-reactive.

It was hence proven that the respondent played mischief with the claimant and he was liable pay Rs. 5,00,000 (Five Lac) to the petitioner as compensation and the respondent was also directed to get remove the petitioner’s name from online/website as “unfit”.

Muhammad Nazir Asi V/s M/S H.A Autos etc.

Case History:

In this case the complainant purchased a new Motorcycle Yamaha Dhoom model II against the case payment of Rs.44900 on 9-2-10 and receipt was issued by respondent. The complainant took the aforesaid Motorcycle to his house and found that the Motorcycle was not in proper form but that had already been used and the outer part of the said Motorcycle Bike were not new and were in damaged condition. The petitioner, on the very next day went to respondent and got checked the Motorcycle but respondent made flatly refusal.

No one appeared on behalf of Respondent so the decree was passed Ex- Partee against respondent. The complainant proved his case beyond any doubt therefore the petitioner was awarded Rs.10,000 as compensation of mental torture etc.

                                                                                           

Rana Rashid V/S M/S Haier Pakistan Ltd

Case History:

The petitioner/Claimant Rana Rashid Mahmood file a suit under Punjab Consumer Protection Act2005 against the respondent in which he has alleged that he has purchased a Haier split AC from M/S Madina Electronics.

The AC unit was defective form the very beginning, at one time its motor of the compressor was replaced and then again the compressor gas leaked which was also refilled by the technician of the respondent. The respondent refused to replace the AC or refund its price. He has prayed that his claim be accepted and he be awarded damages/compensation for mental torture, stress and agony amounting to Rs. 500000/-

It is ordered that the respondent shall refund the amount of Rs.25500/- the price of the AC split unit and Rs 1000/- Installation

IKRAM UL HAQ V/S M/S GENERAL TYRES & TUBES COMPANY

Case History:

A week ago before filing of this complaint on 25-04-2007 the wheel balancer told him that the Wheel Balancing of two tyres of his car cannot be performed as they have lost their shape. He has further alleged that the defect occurred in the tyres due to manufacturing fault and is violated of lifetime guarantee. The complainant approached the respondent for replacement of tyres. But in spite of repeated requests the Respondent failed to replace the tyres. The complainant issued a Legal Notice under Section 28 of Punjab Consumer Protection Act 2005 to the Respondent.

 The respondent was held liable to replace both the defective tyres of the car of the petitioner with two new brand tubeless tyres within ten (10) days from the date of the judgment. The respondent was also burdened with costs of Rs.10000/-(Rupees ten thousand only).

There have been numerous other cases which were brought into account were decided fairly and justly in accordance with the provisions of law.

STEPS TO BE TAKEN BY THE GOVERNMENT:

Though there has been a massive reduction in the unfair practices of trade in the country through the laws and implementing agencies working hard for this matter, there should be a lot more efforts made in order to completely eradicate trade mafia and to provide the reasonable security and rights to the consumers who purchase goods and services with their hard earned money and savings. Following are the steps that must be taken and adopted by the state:

There must be complete check on the trade and business running in the country. The agencies must work as a watchdog and must be vigilant over any kind of illegal behavior of the producers and manufacturers.

The consumers purchasing goods and services must immediately report any kind of unjust regarding the quality or quantity of the product accruing to them during or after the purchase.

There must be seminars conducted for the awareness of the general public regarding the trade and business and the drawbacks of it. This kind of information would make the people more careful while spending or investing their money over the substandard goods.

The advertisement shown for the promotion of the goods must not be over exaggerated. They must reveal the true quality of the product and not deceive the people by fixing higher prices for the substandard goods.

CONSLUSION:

Every citizen has some rights that he is free to enjoy without any interruption or deception. The State is bound to guarantee those rights to the individuals and penalize every person who tries to violate those rights. As for the consumer rights, each person should be given a free hand over deciding and judging the quality of the products that he wishes or decides to buy. Therefore, the laws made in order to protect the consumer rights should be enforced to the extreme extent and the people having fraudulent tendencies must be checked over and warned regarding all such activities that would violate the consumer rights in any way.

NOTE

This information provided in the article do not constitute legal advice and are not intended by the author.

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