Consumer courts yet to see the light of day

Passed in February 2015, Sindh Consumer Protection Act waits to be implemented

KARACHI: Even after the passage of two years, the government has not yet established consumer courts to provide relief to consumers in the province.

Sindh Consumer Protection Act, 2014 was passed by the Sindh Assembly in February 2015, but no concrete step seems to have been taken for its implementation. The objectives of the law include the government protecting and promoting the rights and interests of consumers and speedy redress of consumers' complaints.

Under this law, consumer courts were to be established in each district to exercise jurisdiction and powers of the act. The act empowered the consumer to file complaint within 30 days and the court on receipt of claim had to summon the defendant, directing him to file written statement within a period of fifteen days.



"If any consumer of any product alleges that products are defective and do not conform to the accepted industry standard, the consumer court may decide the dispute on evidence relating to accepted industry standards by inviting expert evidence," the law said. According to the law, in its decision, the court can order to replace the products in market with new ones and pay reasonable compensation to consumer for any loss suffered by him due to negligence of defendant.

"The court can also order to confiscate or destroy the defective product or cease the product until it achieves required standard," according to the act. The act also said that manufacturers or shopkeepers selling counterfeit products shall be punished with imprisonment, which may extend to two years or fine of Rs100,000, in addition to damages or compensation as may be determined by the court.

Hamid Maker, founder of Helpline Trust which advocates for consumers rights, said that government makes dozens of law but fails in implementing them. "Consumers [in Sindh] will be protected if the law is implemented properly," he said, adding that Punjab government has not only passed the law, but has started implementation on it too.



"I have held a number of meetings with Parliamentary Minister Nisar Ahmed Khuhro and other Pakistan Peoples Party leaders, but all in vain. No one gives us proper response when the courts will be established," he remarked.

The act also took care of frivolous accusers who lodge fake complaints. The act empowered the court to dismiss fake claim and impose fine on the claimant up to an amount not exceeding Rs10,000 for having willfully instituted a false claim and can award appropriate compensation to defendant.

"A person aggrieved by the order of consumer court may file an appeal in Sindh High Court within 30 days of such order," the law said, adding that no person shall advertise promotion of services through lottery or attracting the consumers for additional expenditure by way of reward or award in lieu thereof except for the charges for his original product.



Consumer protection council

According to the act, consumer protection councils were also to be set up in various districts to gather information and data regarding unreasonably dangerous products and faulty and defective services from trade or commerce businesses. This was to be done so that such products or businesses could be stopped with the approval provided by the government.

Each council was also required to have an adequate representation of consumers and associations of trade, industry and service.

When contacted, the parliamentary minister, Khuhro, said the government was taking steps to implement the law. "The Sindh government, after passing this law, has drafted rules and will soon establish the courts," Khuhro said. "The consumer courts will be established at the offices of deputy commissioners with judicial magistrates in chair," he added.