Consumer protection – ‘Customer is always right’

Occupy Wall Street Movement launched in America is fast spreading across the world. The birth of OWS is, in fact, a reaction to the gross exploitation of consumers by the organized business groups. In an age of strong consumer voice in the West, many remain voiceless and in need of representation in the other parts of the world. The purpose of consumer rights campaign is to unite consumers – a large but often fragmented group -and reiterate that corporations must not break their promises or otherwise abuse the consumers that are so vital to their businesses. It is ironically true that only two per cent people in Pakistan are aware of their rights as consumers and a larger slice of this small segment is incapable by one way or other to spearhead efforts to get their rights implemented at any level. It is a major contradiction in the consumer kingdom that due to lack of unity and awareness, consumer-majority is ruled by the corporate minority.

Awareness raising

Under these circumstances, it is critical to launch a nation-wide awareness campaign to make sure that companies provide consumers with the information they need to understand the true costs and risks of different products and services. It is imperative for consumer protectors, be it a government agency or a community organisation, to identify and stop unfair, deceptive, and abusive sales and marketing practices and keeping the rules governing the sales of products and services understandable, transparent and up-to-date. The companies which target vulnerable consumers are always powerful than individual customers. Therefore, they are legally required to follow certain rules and regulations to check their arbitrary tendencies.

International consumers’ day

World Consumer Rights Day takes place each year on March 15, and the nonprofit group Consumers International spearheads the effort. The purpose of World Consumer Rights Day is to unite consumers – a large but often fragmented group – and reiterate that corporations must not break their promises or otherwise abuse the consumers that are so vital to their businesses. The occasion receives international attention, and is often accompanied by panel and other discussions about current events in the consumer world.

Media’s role

The electronic and print media being the eyes and ears of all segments of civil society has a paramount duty to educate the citizens that they are not left at the mercy of mindless money mongers and the government and society is alive to defend their rights. The best way to highlight the cause of consumers is to make them a part of international community. It will help them to familiarise with the level of progress the other communities have made in this direction.

Origins

In 1962, President John F Kennedy made a speech in which he pointed out that virtually everyone is a consumer, with tremendous economic power, yet this group’s needs and concerns usually go unheard. Kennedy made his speech to Congress on March 15 of that year, which is why to this day World Consumer Rights Day takes place on this date.

Basic rights

In his speech, Kennedy outlined four basic rights of all consumers. The right to safety, which is not to be sold dangerous products; the right to be informed, which is not to be misled by companies; the right to choose, which is there should be a wide variety of products in a given field at competitive prices; and the right to be heard, which means the government will not ignore their needs. These still form the basic tenant of consumer rights.

Ignorance of law

The best thing we often find as a good example is the system of the western world, where the consumer rights are equally protected. You may spend decade in these countries and hardly face any fraud, misleading statement/advertising or higher prices. The result is that the consumer is satisfied more then any thing. Their system is based on justice and equality. In countries like Pakistan, we have two way problem, first the lack of information on the existence of laws and secondly their implementation.

Breakthrough

Keeping pace with the international community, Punjab Government enacted Punjab Consumer Protection Act 2005 that guarantees the protection of consumers through a variety of ways. Consumer Court and Consumer Protection Councils (CPCs) have been set up in 11 major districts including Lahore, Sahiwal, Dera Ghazi Khan, Rawalpindi, Gujrat, Sialkot, Gujranwala, Bahawalpur, Sargodha and Faisalabad. There was a desperate need of such councils because the dishonest elements in the society are flourishing very rapidly. These elements are exploiting the consumers by trading substandard and deceptive products that jeopardise the health and personal safety of the community. Punjab government has set up this pioneering mechanism of providing relief to the consumers at their doorstep. It is to be remembered that Punjab is the first province to launch this pioneering arrangement since 2005 and no such scheme of consumer protection is in place in other provinces of the country.

Leading case

The plaintiff took his pregnant wife to a private gynecological hospital where he was told that she needs to undergo caesarian operation. The patient was discharged 10 days after delivery. Her health continued to deteriorate and she continued to follow up for unexplained post-operative complications but she did not respond to any treatment. Later on, the doctors at Allied Hospital Faisalabad diagnosed through ultra sound that a cotton towel was left inside the body of the patient during the caesarian surgery. As a result of this gross act of criminal negligence, the patient died. The husband lodged a case in the Consumer Court for relief. The court ordered the hospital to pay Rs550,000 as a compensation, Rs20,000 in terms of judicial expenses to the court and another Rs100,000 fine. Moreover, the court forwarded a copy of the decision to Medical and Dental Council Islamabad to take disciplinary action against the physician responsible in the case.

How to lodge a complaint?

Suppose you have purchased a mobile phone with a warrantee card and the set have started problems and the seller has refused to replace or rectify the set. First of all, always keep the original receipt and warrantee card of the product you purchased. First try to solve the problem and give a 15 day notice to the seller to solve the problem other wise you will lodge a complaint against the seller. After 15 days period, write an application on a plain paper with your name, contact number, address and the complaint. Attached the notice, warrantee card and purchasing receipt with the application and send it to your nearest district consumer council in your area.
The council comprising of the representatives and district administration will asses the complaint and send a notice to the seller through the local police. You will not have to pay any thing for this processing. If the seller satisfied the council that he was right to reject the warranty (or any other issue) then the complaint will be disposed off in his favor. However, if he can’t satisfy the council, the council asks you what you want? A new mobile or money? On your choice, the council will ask the seller to do accordingly. However, if the seller disagrees with the decision, then the case will be transferred to the court.
The council representative will support the consumer in the court and police will bring the culprit to the court where he will have to pay all the dues and lawyer fee himself. On the other hand consumer will not have to pay any thing but to wait the decision. This process may be long but at least you have the right to lodge a complaint against the seller at any place. You can also lodge complaints in Consumer council for the following services and products.
n Low quality of products
n Over charging then normal rates
n Misleading statement of the shop keeper
n Warranty issue
n Misleading advertising
n Unsatisfied services of Lawyer, Doctor, mason or any contractor
n Water, Phone, Gas services
So, this will give you a good chance to teach the lesson of wrong doing of any firm or individual in the future. Moreover, you can also ask the firm to pay for your mental and physical trouble. Now this is your responsibility to protect your right as a consumer. Even if a mobile company over charge or deducts any undue charges, just write an application.