Know your rights: Rights of consumers

LAHORE:

The status of consumer consciousness in Pakistan and the debate surrounding their rights leaves much to be desired. According to the United Nations guidelines on consumer protection (1985), a consumer has the right to basic needs; right to safety; right to be informed; right to choose; right of being heard; right to redress; right to consumer education; and right to a healthy environment.

But these rights cannot be ensured without enthusiastic participation from consumers themselves. The responsibility to check the date of manufacturing and expiry of products before purchase; reading ingredients; insisting on a rate list of products; insisting on obtaining a receipt; and asking about the return and refund policy, ultimately lies with the consumer.

Redress

Consumers can approach the court to demand damages or redress if their rights are violated. Damages are essentially monetary compensation if the product malfunctions or economic loss occurs from the product’s use.

Consumers are expected to approach consumer courts or district coordination officers if their rights are violated.

If a consumer buys shoes from a shop, complete with a guarantee by the shopkeeper, but the shoes are found to be flawed before the guarantee expires, there is a complaint process. The consumer is expected to first inform the shopkeeper about it and seek repair of the shoes. The consumer then sends a legal notice to the shopkeeper within 30 days of the occurrence, requesting the shopkeeper to repair or replace the article or return the consumer’s money. The consumer can also mention the damages sought in the legal notice. If the shopkeeper does not respond within 15 days of the notice, the consumer can file a suit in the consumer court. The court first holds a hearing for preliminary arguments and then issues a notice to the shopkeeper. After that, the court gives both sides a chance for pre-trial reconciliation. After that, the proceedings begin.

No lawyer

Consumers do not necessarily need to hire a lawyer to plead their cases. District Consumer Protection Counsel members are also present in court to assist consumers on legal and technical points.

Resolution

According to the Consumer Protection Act 2005, the consumer court would decide a suit in six months. However, there are several cases which have been pending in the consumer court since 2010. Several litigants who have cases pending in consumer courts have expressed their dismay over the delay in disposal of cases. This, many say, is demoralising for consumers who approach the courts for justice.

Right to appeal

If a consumer court rules in favour of the petitioner, the respondent is allowed to file an appeal against the decision in the high court.

Need for a campaign

There is a need to launch a comprehensive campaign to make people aware of their rights as consumers. This could be done through organising workshops, seminars and media advertisements so people know they need to take the responsibility of raising their voice against violation of their rights as consumers.

Responsibility

The consumers should always ask shopkeepers for price lists to be prominently displayed. Similarly, after making a purchase, consumers should always keep the cash receipts in a safe place. This leads to greater information vis-a-vis pricing and acts as a deterrent for overcharging shopkeepers. This can only happen if consumers themselves take the responsibility of demanding their rights.

Example

Litigant Muhammad Adeel said he had filed a case against a mobile telecommunication company in the consumer court. He said the case went on for four years. The court finally ruled in his favour but the respondent was directed to pay him only Rs5,000 as litigation fee. He said he had spent more than Rs20,000 on the case, as he had to travel a long distance to attend the court hearings. However, he said decisions such as these provided the precedents that the companies were bound to fulfil their obligations to the consumers. 

Published in The Express Tribune, June 18^th, 2014.