Pakistan, recently, is going through a turbulent time. On one side is the debate over the resumption of the Nato supplies to Afghanistan, and on the other is the contempt of court ruling against Mr Gilani. It is so unfortunate to observe that nothing is being done with respect to the blatant violation of the consumer laws that affects the entire nation.
Very recently, March 15, 2012, marked the World Consumer Day that was celebrated in Lahore with zeal and vigour with an aim to develop an understanding of the general consumers against the negative market forces. The Provincial Law Minister, Rana Sanaullah, was the chief guest on the occasion, besides other important dignitaries. The programme was arranged by the Punjab Consumer Protection Council (PcPc) - the provincial statutory body responsible to promote consumer rights. As ever, the Law Minister made tall claims, including amending the existing consumer legislation, yet Delhi seems far away!
The question is: as citizens of this country, what can we do? Initially, we need to realise what is happening around us. We as consumers are bombarded with substandard and low quality products not worth the money spent on their purchase. What we eat constitutes poisonous substances that have the effect of slow poisoning. On numerous occasions, television programmes through their investigative journalism have unveiled horrifying instances where dead animals are used to extract cooking oils and their wastage used for making chicken feed. Street hawkers and small shop owners regularly use these unhygienic and germ-infested products to fry food items and, hence, the health of our next generation is in dire jeopardy.
As a starting point, we must acquaint ourselves with the Punjab Consumer Protection Act of 2005 (PCPA), which is an excellent legislation to curb the above-mentioned wrongs. Books about the law are conveniently available in the market and very easy to follow. It can also be downloaded from the internet.
In my previous article, I had discussed operative sections of the law through which general wrongs can be checked. Further to that, the PCPA is a more robust and effective law than the (Indian) Consumer Protection Act, 1986. A brief comparison of both the laws would further elaborate the same.
Under the PCPA, there exists an authority headed by the DCO that is responsible to entertain applications by the general public to take actions against different authorities for the above-mentioned crimes. The DCO is empowered to fine upto PKR 50,000. Article 23(7) provides an appellate forum against the orders of the DCO. This gives the fined organisations an opportunity to explain their side of the story as well. Secondly, the biggest help this law has provided to the people is that litigation has been made extremely cost-effective. It excludes the payment of any court fee, meaning thereby the litigants will not have to spare reasonable amounts of money to enter litigation. Thirdly, Section 29 of the PCPA talks about the settlement of claims before the trial stage. There are no similar provisions in the above-mentioned Indian Act.
In my next article, I would discuss in detail specific cases decided by the consumer court that could be a starting point for the consumers. I would conclude by introducing an organisation that is specifically working for the rights of consumers in Pakistan. It is known as Consumer Association of Pakistan (CAP), a registered non-governmental organisation (NGO). It is actively arranging workshops and seminars to educate the general public and the youth of the country, besides providing legal assistance to the masses. There surely is a need to support such an organisation that is working in the interest of the people.
Finally, never buy a product without a receipt; always inquire about the quality of the products and services that you purchase as this is your basic and fundamental right.
n 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