Consumer Protection in Pakistan: A Fad Or Beneficial Step For Consumers?
Guest Post by Mr. Nadeem Irshad Kayani, Director Punjab Consumer Protection Council, Headquarters Office, 135-J Model Town, Lahore, Ph # 042-5857927, 5855471.
The consequences of growing integration globally include enhanced speed & velocity of transactions involving finance, technology, information and transportation of goods and services. The business is on the move globally and off shoring and outsourcing provides cheaper inputs resulting in cost effective products and services. As a consequence business remains competitive and consumers get more options to choose from a range of products and services. The services trade is growing immensely and increased connectivity has provided it with virtual space to move and grow.
The increasing competition due to availability of information make consumer confused but at the same time cost of product and services may decrease to the benefit of the consumer. The standards of products and services can go down and deceptive practices to earn profits may gain currency.
Globalization is not an equitable process and its effects vary depending on the social status and geographical location of the individual. Liberalization, privatization of economy and regulation of the markets are the buzz words these days but in fact regulation and de-regulation of business continues side by side. Need is being felt to introduce rights based regime to face the ill effects of globalization. The human rights of the citizens are a contested domain and they have become an integral part of national and global policies aimed at providing justice and equal opportunity for all. The academics argue that economic and process regulation should be replaced by social regulation including consumer protection.
Every working person wants high quality products and services in return for his hard earned money. The rights of consumers are an integral part of human rights agenda, specifically elaborated in the guidelines for consumer protection formulated by United Nations General Assembly in 1985. These guidelines provide a framework to safeguard the consumers against deception, fraud and exploitation.
At the national level, the framework of principles formulated to protect consumers from ill effect of the market failures and deceptions results in consumer protection policy. The formulation of consumer protection policy is not a priority for the developing countries in view of more urgent targets within their national policy planning to achieve economic growth and reduce poverty. The politics of business in developing countries results in dominant position of the sellers being more organized and having resources and information at their command. The consumers on the other hand are ill organized, lack resources and relevant information, which results in absence of resistance by civil society against onslaught of sub-standard products and services.
Consumer protection is an institutional mechanism, based on enactment of legislation followed by establishment of grievance redressal system. In developed world this sequence is preceded by efforts to raise awareness about its benefits. The stakeholders in the process are the consumers, civil society, government and businesses. But in Pakistan the legislation and its implementation has preceded an organized effort to raise awareness about the act. The legislative process to introduce consumer protection in Pakistan resulted in enactment of legislation in three provinces and federal area except for Sindh province where the ordinance has lapsed thrice till now. In Punjab, the provincial assembly passed the Punjab consumer protection act in 2005.Under the act institutional mechanism started working in March 2007. At the apex of the institutional system is the Provincial Consumer Protection Council with representation in equal numbers from both public and private sectors. The council will gather data and information to eradicate hazardous and unhealthy product and services and will make efforts to remove these items from trade and commerce. The council will also review recommendations from district councils and get these suggestions implemented.
The consumer court presided by judges will adjudicate complaints pertaining to claim of damages/compensations. The salient features of the act includes complaints against services besides products with few exceptions , time limit of six months for decisions by the court, easy method of filing complaints, no court fee and grant of unlimited damages. Besides, judicial system, a quasi-judicial system with District Coordination Officer as authority, can impose fine up to Rs 50,000 and inquire into hazardous and unhealthy products and services. Alternate dispute resolution system in form of compromise before start of the trial is also available under the act.
The district consumer courts and councils have been established in eleven districts of the province including Lahore, Gujranwala, Sialkot, Gujrat, Rawalpindi, Sargodha, Faisalabad, Sahiwal, Multan, Dera Ghazi khan and Bahawalpur. Nearby districts are covered by these courts and future plans include establishment of consumer courts in all the districts of the province.
In the past, existing legislations, regulatory laws and departmental complaint redressal systems did not provide redressal of complaints especially for ordinary consumers and they were at the mercy of the expatiators. This PCPA provides a platform for the consumers to lodge their complaints in a cost effective manner.
The civil society play crucial role in protection of rights of every citizen in a society. It builds pressure on the policy makers to realize the need for change and to collectively work towards empowering citizens. As consumer protection is a part of human rights agenda, it requires whole hearted effort from the civil society to bring changes in the attitude of the society as a whole and provides basis for creating suitable environment for inclusion of consumer protection in the national policy framework.
The implementation of consumer protection legislations will lead to its evolution, which will ultimately result in its effective implementation. In this evolutionary process a lot of grey areas may emerge like role of regulatory bodies, mohtasib, departmental redressal mechanism and price control system vis-à-vis consumer protection system. Precise legislation, utilization of every forum for redressal of complaints by citizens and clear mandate of various agencies involved will make the consumer protection system effective and efficient for the benefit of ordinary citizens.
The present scenario of implementation of consumer laws face various challenges like raising awareness among public to get relief from the implementation system, build capacity in the system to develop procedures and laws which are compatible with our social environment, take business interest along and motivate civil society to build pressure for changing policy discourse towards consumer oriented policy making and need to educate younger generation of consumers, rural consumers and women in order to build future support base for a consumer centered struggle.
The facilitation of consumers is the primary objective of this public welfare legislation introduced by Government of Punjab, its success or otherwise will depend on its proper utilization by citizens of the province through lodging complaints and claiming their rights.
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Can you plz help to fwd request against fake beverages, if yes send the address on my email ID for Distt Vehari. Regards, Zulfiqar
for consumers based issues please contact at theconsumersforum@gmail.com.
free legal services’ 03008483930
Dr. Tauqeer Akhtar
HOW TO APPROACH COUSUMER PROTECTION A GUIDE
by Nabeel Akhtar [Legal Counsel/Registered Legal Practitioner]
If you suffer from consumer problems then the first person you will ask is your
1= service provider in case of services (any person who provides service on payment like a construction worker, plumber, electricians, doctor, lawyer, transporters, logistics, couriers, airlines, railway companies etc.)
or
2= product manufacturer or seller (any person who sells you a product on payment)
[[[[[[[NEVER DELAY IN CASE OF CONSUMER CASES OR YOU WILL END UP LOOSING AND WASTING YOUR OWN TIME AND MONEY]]]]]]]
Ask the provider or seller amicably to solve your matter. If he does not help and you think that he is wrong then send him your written complaint through email or registered mail. [ Use Pakistan Post UMS service from GPOs preferably, its cheap and most reliable and best and can be tracked online ]. You should mention in the letter that “the complaint is sent as per guidance of Consumer Protection Act and that you have 15 days to resolve the matter.”(it is a must to mention the above line. else its no use)
If in 15 days the person does not help you then you need to go to Consumer Court and file your complaint. The court if accepts the case then will direct you to submit and sent notices to the service provider/seller and call him before the court and then the court will proceed. It is very fast speedy remedy for consumers unlike any other law or case that goes for years. It gives a direction to end the case within three months if it is proceeded and not settled.
Now how to approach the Consumer Court , you can write a complaint yourself under supervision of a lawyer or you can hire a lawyer who wwill plead your case.
In most cases it is better to consult a lawyer and a fine one. If you do not then you might end up in non-ending litigation which can go for years but thats upto you.[ ALWAYS GET A GOOD LAWYER TO CONSULT WITH ]
[This a free public service guide written by Nabeel AKhtar Legal Counsel/Registered Legal Practitioner,without any liability on his part or any other and the reader may follow it on his own discretion]
If you have any query, problem, QUESTIONS then you can call me on 03217070069 between 11 am to 7pm or email me.
[Godspeed, be happy and prosper]
I placed an order online for a camera (Panasonic Lumix FS5) online to SHOPHIVE (www.shophive.com), an online shopping portal, on 25th August 2009. They promised free delivery and same day shipping through UPS Ground.
I was promptly replied through phone/email by the shophive people; they confirmed the availability of the item and asked me to deposit the money (Rs. 13990) through bank transfer. Same amount was transferred to their account
Next day I called Shophive to confirm the details. It was then that I was told that black camera is not available so either I have to wait or accept silver colour camera. I didn’t want to wait so accepted the available one. I was confirmed that the camera would be dispatched by TCS and I would receive it within a day.
On 28th August, 3 days after booking, no deliveries were made and when I contacted Shophive, I was told that camera was shipped through AMS Couriers, a lesser known company and was given their contact number and consignment number. I called the courier office and I was told that they do not deliver, I have to pick up the parcel. On the same day I picked the parcel from AMS Couriers, Moti Plaza, Murree Road Rawalpindi.
When I reached home and open the parcel, the camera and battery were missing from the parcel. The camera box was present with leads/cables and booklets/CDs but the camera was missing. I immediately called Shophive and later sent them an email.
[Emails transcript available]
I was asked by the company rep to contact the CEO Shophive, Arslan Nazir. I called him and he said that they are investigating the matter and camera was “hastily & erroneously” sent through this unknown “shady” company. I bought the story and asked for the next step. I was told that “Board of Directors” have decided to offer me 25-30% off if I still want to get another one. I was also asked to send the box back as they would use it for further investigations and filing a case against the couriers. I sent them the pack through TCS on 4th Sep 2009.
After lot of correspondence with Shophive CEO over weeks, through which he was hesitant to reply and always have to be prompted many times to get one, I agreed conditionally to book another one and get 30% off. My conditions were that if they think that the couriers stole the camera, Shophive should take up the case and inform me.
When I agreed to send them money again, they raised the price of camera to Rs. 15690. Even then, I sent them the money again through bank transfer. But after receiving the camera, for which I paid Rs. 10980 again, the Shophive plainly refused to follow up the case or return the lost camera remaining accessories which I sent to them.
In the end, I lost Rs. 10980, paid extra to get the camera. On retrospective analysis, I am sure that the “lost” camera was not sent by the Shophive people in first place.
I have launched complaint with CRCP and also serving them with legal notices.
Hello,
i need some information about consumers court in gujranwala will u plz tell me the proceduer to sue Lepord Courier for too late means no delivery
issue a legal notice to the cable operator immidiately under section 15 of the consumer protection Act of 2005
Please guide me. I want to lodge serious complaint on poor service quality and response to complaint by the local cable network in Safari Villas, Bahria Town, Rawalpindi. The cable service provide is Pasban Cable Netwrok,
Thanks.
Ghulam Mustafa u can sue both the shopkeepers under the charges of unfair trade practises !
I wound if there is such useful forum exist for the protection of Consumer if it really works.
Can I be hopeful for Justice regarding my two complaints if they are relevant to this forum:-
1. I bought shoe from HuSH Pupies which cost me about Rs. 3800/- with assurance from the salesman that it will provide me relief for my Heel pain but actually after using it, it did not give me relieve at all. Upon my complain, shopman is not ready to take responsibility as actually he took while purchasing the shoe.
2. I bought One Metress (Dynamic Foam) and shopman charged me Rs. 13,000/- which is actually About Rs. 10,300/- from other places which I knew later on.
May I know response and guidline in response to my complaints as stated above.
Regards
dear sir i need to know who and at what forum can be brought to justice in the present CNG price raise in pakistan, kindly advise
Can we also have this blog in URDU. This may be a good article but its way to difficuilt to understand in english. Thanks to babar Bhatti his efforts to run this blog are appreciated. Keep it up. May ALLAH blessing be with you in this grace.
Its a good step towards protection of rights of citizen. Again the need is to improve its awarenes or marketing. Moreover i would appreciate if the common example of cases which Consumer courts deals be quoted in the article
Wishes