Islamabad: in the wake of implementation of devolution of power pan and on-going de-regulation process, it is extremely important to empower citizens and consumers by suitable legislation. It is, however, unfortunate that government does not appear sensitive towards giving enabling laws and statutes, which can reinstate the confidence and trust of the people in legal recourse if a grievance occurs. Consumer Rights commission of Pakistan (CRCP) had submitted a draft Consumer Protection Act to the Ministry of Law and Pakistan Law Commission on March 14, 2000 but it is dismal to note that no substantive action has been taken so far. It reflects that the consumer protection remains low on the priority list of government despite all promises to empower citizenry for their rights. The said law provides for suitable action and remedies if rights of a person are infringed either by the private business or by the concerned government agencies.
The proposed law also brings various services provided by the government agencies like drinking water, education health, and sanitation etc. within the ambit of the law. Therefore it seems that the government is reluctant to enact such laws. CRCP strongly feels that without having such legislation that empowers citizens vis-à-vis state functionaries, civil servants and civic agencies, the local authorities cannot be made responsible and accountable to the citizens. Any delay in this regard will jeopardize the whole process of devolution.
CRCP believes that it is expedient to have the proposed draft enacted because it would ensure the protection of citizens and consumer tights in the changing nature of the market and politics in Pakistan. Ordinary citizens have become more vulnerable to monopolistic forces of corporate sector and negligent public sector, which have failed to cater for the basic needs of the citizens. CRCP impresses upon the government that any delay in the enactment of the Model Consumer Protection Act, 2000, which has been drafted after extensive consultations with civil society organizations, will have adverse implications for the smooth execution of devolution and empowering citizens with reference tomarket and state forces.
The salient features of the Act
are as follows:
1. The Act defines the term consumer as a broader category than that of customer,
so that it also includes those poor who cannot stand in the market as customers.
2. It also defines the term complaint by including individual consumers, a group of consumers, recognized consumer associations and the concerned government officials/departments.
3. It deals with both unfair trade practices and failure of governmental agencies to provide essential services.
4. It sets up consumer councils at district; provincial and national levels to formulate policies and take measures to cheek unfair trade practices and ensure maximum consumer protection. These councils will also be responsible for consumer education and strengthening consumer organizations.
5. The Model Law provides for over 50 percent non-official representation in the consumer councils at the district, provincial and national levels. These representatives will be nominated by their respective organizations and not by the government.
6. It establishes a system of consumer courts/benches, within the existing judicial system, exclusively for the purpose of this Act. These courts/ benches will not charge any court fee; accept complaints on a plain paper and dispose of case within a period of 120 days.
7. It envisages a civil procedure for the redress of consumer complaints. The consumers will be entitled to compensation and damages for any loss, damage harm or traders, and service providers.
8. In order to ensure speedy disposal of consumer complaints, the Act allows the court to impose penalty on the Party/ parties seeking adjournments beyond a fixed limit of five adjournments, in addition the Act restricts the right of appeals to just one.
9. The penalties and compensations for damages for the harm suffered by consumer proposed in the model law are of such a level and degree that they can create a realistic deterrence.
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