INTRODUCTION:
Consumer protection law or consumer law in Pakistan is to determine the rights against the unfair practices of the consumer. The consumer law separately implemented in all Provinces and the Federal but the objective is the same to protect the rights of the consumer. Consumer law creates liability against the defective products and services. The law declares the obligations of the manufacturers and discourages the unfair practices. The establishment of the consumer courts is the reason to provide the justice of the consumers against the unfair practices of the manufacturers or the service providers.
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
The manufacturer should be liable to compensate the consumer against the damages as per the characteristics of the product if the product is defective. All the products shall be defective as below;
- Defective in construction or composition;
- Defective in design;
- Defective because of an adequate warning;
- Defective because it does not conform to an express warranty of the manufacturer;
PROOF OF MANUFACTURER’S KNOWLEDGE:
If the manufacturer mentioned all the pros and cons, precautions to use of the product, and it’s design but the damage was caused due to the negligence of the consumer. In this condition, the consumer will not be able to get damages but might be compensated with product cost that may be decided by the court. The damages can be claimed against defective and faulty services.
NECESSARY REQUIREMENTS NEED TO BE FULFILLED BY THE SELLER:
It is necessary to affix the prices at the business place and also issue the price receipts with the following details;
- Date and time;
- Detail of the article;
- The total number of articles (quantity) and rate.
- Detail of the seller, Name, and Address, etc.
- Return and refund policy.
ILLEGAL AND UNFAIR PRACTICES BY THE SELLER:
If the person does not represent the accurate and correct guidelines as follows regarding the usage of the product that will be the unlawful practice;
- The quality and the packing of the products must be as per standard;
- The style, composition, and model of the product;
- History and quantity of the product;
- Standard quality of the services in case of the service provider;
- Qualification, skills, and experience of the service provider;
- The status of the manufactured products are the products fresh or reconditioned;
- Delivery in the stipulated time of the products and the services.
- Sponsorship, approval, endorsement, performance, characteristics, accessories, uses or benefits of the products and the services;
- The products and the services should be clear the class/age of people to be used;
- Guarantee of the products, right of the users and the available remedies in case of breaches; and
- Place of origin of products.
BAIT ADVERTISEMENT IS PROHIBITED UNDER THE LAW:
Nobody can trade, advertise, or supply of any products or services to any person that cannot be offer or supply on the same. If the person may agree to trade, advertise, or supply but not fulfill the commitment, later on, it will be unlawful and penalized by law.
Any person who has advertised products or services for supply at a specified price shall offer such products or services for supply at that price for a period that is, and in quantities that are reasonable having regard to the nature of the market in which the person carries on the business and the nature of the advertisement.
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS:
FILING OF CLAIMS;
A claim for damages arising out of contravention of any provisions of this Act shall be filed before a Consumer Court set up under this Act. This claim should be file before the court as the complaint that also has the territorial jurisdiction to proceed with the case. The court may decide the case as per available evidence and the decision of the court should be appealable in the consumer protection law Pakistan.
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