The State has ratified (meaning, thereby, that these treaties must be followed) several human rights treaties, but, unfortunately, for the people of Pakistan, there are no laws to implement them. Due to this inability of the State, we all have been deprived of different rights that go way beyond the ambit of the 1973 Constitution. But the picture isn’t that bleak as I have put up; indeed, there are a few positives, too. I refer to the Consumer Laws of Pakistan. This article is with special reference to the Punjab Consumer Protection Act (CPA) of 2005. Before I explain the law, it is imperative to give a brief introduction to the matter.
Generally, we come across products in markets and superstores, which to us seem dubious in nature and we often question their quality and composition. Several products are either expired or have no manufacturing or expiry dates mentioned on them. Certain products, like imported chocolates, taste bitter, yet their expiry date isn’t near. At times, these products are sold to consumers without being given a proper receipt (showing the name of the shop and the time and date for the sale). Similarly, various restaurants operating around us are indulging in similar practices either to evade sales tax or to limit their liability, if a customer gets ill by taking their food.
To my utter delight, the Government of Punjab had come up with this law that specifies and tackles all these concerns. The CPA was promulgated in 2005 with an aim to provide the consumers with complete protection. Article 2 of the CPA specifies an exhaustive list of definitions that include areas, such as what constitute a product, label, manufacturer and services. It further defines the individuals/organisations that may be held accountable under the Act. This Article basically sets down different mechanisms that generally a consumer comes across.
A fine distinction has been made with respect to liability arising out of defective products and faulty services. The former forms Part II of the Act and the later Part III. Articles 4-17 constitute these parts. These areas include liability for defective products, defects in construction or composition, defects in design, defects because of inadequate warning, defects because of non-conformity to express warranty, proof of manufacturer’s knowledge, restriction on grant of damages, duty of disclosure, prohibition on exclusion from liability, liability for faulty or defective services.
Part IV of the Act is of significant importance. Article 18 specifies that the manufacturer or trader shall display prominently in his shop or display centre a notice specifying the retail or wholesale price, as the case may be, of every goods available for sale. This would ring bells in your minds. Do we normally see such lists in shops that are approved by the government? By not displaying such lists, these traders indulge in malpractices like overcharging.
Article 19 further puts an obligation on the manufacturer or trader to the purchaser by issuing a receipt showing, the date of sale, description of goods sold, the quantity and price of the goods, and the name and address of the seller. Once again, we ask ourselves a question: On how many restaurants and retail outlets, are we given a proper receipt that fulfils the above-mentioned criteria. Almost all the major bakers and confectioners never issue a clear receipt. This is, indeed, blatant violation of the CPA 2005.
Part VIII of the Act outlines the disposal of claims and establishment of the consumer courts. Article 26 and 27 discuss the establishment and jurisdiction of the court, while Article 30 outlines the entire procedure that is followed by it after the receipt of the complaint.
In short, the law is clear and crisp, but new to the general people. What needs to be done is that we as general consumers should become more aware of our surroundings and report these matters to the proper authority, so that unprofessional conduct at different levels can be avoided.
The writer is a practicing barrister and advocate of the High Courts of Pakistan and an alumni of the International Visitor Leadership Programme (IVLP) organised by the US Department of State. He is also the founding Chairman of the International Law Committee of the Lahore High Court Bar Association (LHBA).
Email: haarisramzan@hotmail.com