Grievance Officer

Advocate held for Professional Misconduct in case against JustDial

By

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (NORTH)
ROOM NO.2; OLD CIVIL SUPPLY BUILDING; TIS HAZARI: DELHI

CASE NO. 39/2011

Mr. Abhinav Prakash,
R/o: B-5/13, Rana Pratab Bagh,
Delhi-110 007 ….Complainant

VERSUS

1. M/s Just Dial Pvt. Ltd.,
(Through its Managing Director),
Corporate Office at Palmcourt Building–M,
5th Floor, Beside Goregaon Sports Club,
Link Road, Malad (West),
Mumbai-400 064.

Also at:
A-39/40, Sector 16,
Behind McDonald,
NOIDA-201301.

2. State Bank of India,
(Through its Branch Manager),
Tis Hazari Branch,
Delhi-110 054 …Opposite Parties

O R D E R

The complainant has filed the present complaint against the O.Ps under section 12 of the Consumer Protection Act. The facts as alleged in the complaint are that complainant is a practicing advocate having Enrollment No.D/2259/2005 and having his office at Chamber No.735A, Western Wing, Tis Hazari Courts, Delhi. It is alleged in the complaint that OP No.1 through its branch office at Noida has contacted the complainant through its employees namely Ms.Jyoti Chauhan and Sh. Rahul Kaushik and lured the complainant for “enhancement of his work by forwarding prospective clients to him from the entire country”.

Complainant agreed to take annual package of Rs.15,000/- but insisted to see the performance for first three months. Accordingly he paid Rs.4136/- including service tax to OP No.1 vide cheque dated 08.08.2009 on the assurance by the representative of OP No.1 that it will increase work of the complainant by providing prospective clients. However, it is alleged that complainant has not got a single reference through OP No.1 and the assurance given by OP No.1 proved to be false and baseless. OP No.1 again approached the complainant for further payments after expiry of first quarter which was refused by the complainant as he was not satisfied with the performance of OP No.1. It is alleged that after some time when complainant visited his bank (OP No.2) to get his passbook updated, it was found that from 16.10.2009 onwards there was ECS debit of Rs.1379/- every month from his A/c No.10945976982 and a total amount of Rs.15,169/- has been debited illegally by OP No.2 and remitted to OP-1 (Just Dial). Complainant immediately on 28.08.2010 asked OP-2 to stop his future ECS debits and further requested the OP-2 to expedite the process and take appropriate action against OP-1. Complainant also made a complainant to the SHO, PS Subzi Mandi to take strict action against O.Ps. It is alleged that conduct of the O.Ps in withdrawal of Rs.15,169/- from the account of the complainant without his consent is deficiency in service on the part of O.Ps. On these grounds complainant prays that O.Ps be directed return the entire amount, which has been debited by O.P No.2 through ECS and paid to OP No.1, along with interest apart from cost and compensation as claimed.

2. O.P No.1 appeared and filed written statement. It has not been disputed that complainant, who is an advocate, has availed the services of OP No.1 for enhancement of his work by getting calls of prospective clients. It has also not been disputed that complainant has paid Rs.4136/- on 08.08.2009 as initial payment. However, its case is that there was a legal contract between complainant and OP No.1(Just Dial) vide which OP-1 has offered its services and the same has been accepted by the complainant by signing the contract-cum-invoice-cum-receipt form dated 08.08.2009 and the terms and conditions thereon along with ECS mandate form and addendum etc. It is alleged that complainant who is a practicing advocate after going through all the documents had signed the same. It is also alleged that complainant himself in his own handwriting had filled the contract form and ECS form dated 8.8.2009 authorizing the O.P for ECS payment. Copy of the contract dated 08.08.2009 including terms and conditions along with duly signed ECS mandate form have been filed on record by the OP-1 as Annexure OP-1/B. It has been denied that OP-1 has not provided even a single reference to the complainant. It is alleged that about 400 calls were
forwarded to the complainant between 24/8/2009 to 26/11/2010. However, it is alleged that it is not the fault of OP-1
if the same enquiries forwarded by OP-1 to the complainant were not converted into complainant’s clients. On these facts it is submitted by the OP No.1 that complainant has no cause of action to file the present complaint, therefore the same be dismissed.

3. OP No.2 (SBI) also appeared and filed written statement. It has not been disputed that complainant is having savings bank with O.P bank. Its case is that complainant had authorized OP No.2 to debit his account for making payment to OP No.1 (Just Dial) through ECS (Debit) and acting on the instruction of the complainant, it has debited Rs.1379/- every month and the same were credited to OP No.1 (Just Dial). It is alleged that complainant took annual package of Rs.15,000/- from OP No.1 for enhancement of his work and when no expected results came in his favour, he is trying to shift the liability upon OP No.2. It is submitted by OP No.2 that it has released the amount from the account of the complainant under authorization given by the
complainant to it, hence there is no deficiency of service on the part of OP No.2. Dismissal of the complaint has been prayed for.

4. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint. Documents have been exhibited as Ex.CW-1/A to CW-1/E. On the other hand, OP-1 has filed affidavit of Sh. Liyaqat Ali, Regional Manager-Administration affirming all the facts contained in the written statement. Documents have been exhibited as Ex.OP-1/A to
OP-1/C. OP-2 has also filed affidavit of Sh. Roop Kishore, Manager, SBI, Tis Hazari Branch, Delhi testifying all the facts as mentioned in the written statement. Parties have also filed their written submissions.

5. We have carefully gone through the record of the case and also heard submissions of Ld. Counsels of the parties.

6. Complainant has been asked specifically as to how he is ‘consumer’ within the meaning of section 2(1)(d) of the Act and how services hired by him are legal in view of the Rules of ‘Standards of Professional Conduct and Etiquette’ framed by Bar Council of Delhi? Complainant has argued that he had paid money to OP-1 for services needed by a lawyer. He has argued that if services are illegal, such sites as that of OP-1 should be banned and also Bar Council should take action in this regard. He has argued that he had paid Rs.4136/- and subsequently even though he had not given any authority, OP-2 transferred money from his account to the account of OP-1. It is argued that OP-2 had no right to transfer the amount from his account to OP-1 in as much as OP-1 failed to enhance his clientage. He has argued that OP-1 and OP-2 entered into collusion, therefore they are bound to refund the money illegally deducted from his account.

7. On the other hand, it is argued on behalf of OP-1 that agreement had been entered into between complainant and OP-1 whereby the OP-1 had agreed to refer clients to him and atleast 1000 leads were forwarded to the complainant and if he was not able to materialize the leads into clientage, it is not, in any manner, the deficiency of service on the part of OP-1. It is argued that by the agreement in writing complainant has paid Rs.4136/- to OP-1 and subsequently given authority to OP-2 to transfer balance amount from his account through ECS transaction, therefore there is no deficiency of service on the part of OP-1.

8. It is argued on behalf of OP-2 (SBI) that complainant had given ECS mandate (Ex.OP-1/B) and as per the mandate along with
declaration signed by him the bank was obliged to transfer the mandated amount to OP-1.
9. I may mention that the Bar Council of Delhi has framed ‘Standards of Professional Conduct and Etiquette’. As per item No.36, an advocate is under obligation not to solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, “touts” or solicit work by personal communications, interviews not warranted by personal relations, etc. From the rule of ‘Standards of Professional Conduct and Etiquette’ a lawyer is debarred from soliciting work directly or indirectly or through “touts”.

What is a “tout”? In our opinion “tout” means a person who brings clientage to a lawyer for reward in terms of money. In the present case the complainant has entered into writing a contract with OP No.1 (Just Dial) which he himself has argued, was for “enhancement of his work”. For that purpose, he had paid a fee of Rs.4136/- and as per agreement the total amount to be paid by him was Rs.15,000/- for which he had also given ECS mandate to OP No.2(SBI) which is Ex. PW-1/B. In the addendum to the terms of service it has been mentioned that complainant shall not have the right to terminate the Contract except by prior written notice or three months issued to JustDial after a minimum period of 9 months from the contract’s effective date. It has also been mentioned in the said terms of service that complainant shall not withdraw the ECS mandate during the
validity of the contract. Complainant had also signed a declaration to this effect. It is, therefore, clear that ECS mandate for monthly payment of amount agreed in the contract has been given to the O.Ps. OP-1 has also placed on record copy of the agreement entered into between complainant as Ex.PW-1/A.

10. From the terms and conditions and modalities, it is clear that OP No.1 was engaged in providing service by referring the “clients” to the lawyers. Both the complainant and the OP-1 call it as “service”. The “service” was not free. Complainant had undertaken to pay Rs.15,000/- for a specified period for referral of clientage to him by OP No.1. The total amount payable to OP-1 was Rs.15,000/- out of which complainant has paid Rs.4136/- initially and for the rest of the amount ECS mandate had been given for monthly remittance from his account maintained with OP-2. In our opinion, for all practical purposes, OP-1 has acted as a “TOUT” inasmuch as to its own admission it has referred clientage against monetary consideration of Rs.15,000/- for period of contract. We are also of the opinion that complainant, knowing fully well that such contract was against public policy and amounted to deviation from the ‘Standards of Professional Conduct and Etiquette’, as propounded by Bar Council of Delhi, availed the ‘service’ of the OP-1.

11. The grievance of the complainant is that OP-1 failed to enhance his work. In our opinion, the ‘Standards of Professional Conduct and Etiquette’ are the part of rules framed by Bar Council of Delhi under the Advocate Act and are of statutory nature. They are binding on one and all lawyers enrolled with Bar Council of Delhi and one cannot deviate from the said standards. If one deviates from such standards, it is nothing but professional misconduct on his/her part. Surprisingly enough, complainant has argued that it is for the Bar Council of Delhi to ban such sites. However, the Bar Council of Delhi has framed rules propounding ‘Standards of Professional Conduct and Etiquette’ and complainant has acted in violation thereof. We have asked the complainant as to how he entered into a contract which is direct violation of ‘Standards of Professional Conduct and Etiquette’ framed by Bar Council of Delhi? The Standards of Professional Conduct and Etiquette framed by Bar Council of Delhi being statutory in nature are the part of public policy. No dispute regarding contract in violation of public policy can be entertained by any adjudicating authority assigned with the duty of determining rights and liabilities of the parties. In our opinion the services which amounted to “toutism” and is against the rules framed by
Bar Council of Delhi can neither be enforced nor a lawyer can take benefit thereof.

12. So far as liability of OP-2(SBI) is concerned it is admitted case that complainant has given ECS mandate to deduct amount from his account. He had signed a declaration to this effect, therefore if OP-2 has acted on the mandate given by the complainant, which was not withdrawable during the validity of contract and unless it was given in writing and accepted by the OP-1. The relevant clause (M) of ECS mandate form is as follows:-

“The Auto Debit Instructions/ECS Mandate will be valid for a minimum period of one year from date of signing this mandate and will continue thereon till the time I inform company in writing to discontinue the mandate and the same is accepted by the company.”

13. In view of the above clause, OP-2 cannot be held liable for transfer of amount from the account of complainant to OP-1 on the basis of said mandate as OP-1 has not consented to withdrawal thereof.

14. On the basis of facts referred to above and law as discussed above, we are of considered opinion that the complainant himself is guilty of committing professional misconduct by resorting to availing the services of “TOUT” providing references of cases to the complainant against financial consideration. Such contract being contract against public policy cannot be enforced by forum nor the complaint can be entertained.
15. A copy of this order be sent to Bar Council of Delhi with request to take appropriate measures to ban sites or companies which provide service of “touts” to Practicing lawyers against consideration. Secondly, the Bar Council of Delhi is also requested to issue instructions that lawyers should maintain ‘Standards of Professional Conduct and Etiquette’ so that sanctity of the noble profession of law could be maintained.

12. In view of the above, we hold that complainant is not entitled for any relief. Complaint is, therefore, dismissed.
Copy of the order be sent to the parties by Registered post and the file be consigned to record room.

Announced this 19th day of August, 2013.

(BABU LAL) (D.R. TAMTA) (MRS.SHAHINA)
President Member Member

Punjab State consumer commission fines Maruti & its dealer of Rs.1 lakh each

By

Following Decision contributed by Reader: Mr Subodh Talaulikar

The Punjab State Consumer Disputes Redressal Commission at Chandigarh has fined of Rs.1 lakh each on Regional Manager, Maruti Suzuki, Chandigarh and Tara Automobiles, Jalalabad on account of selling a defective Wagon R VXI Model car to a soldier Hav Kulwinder Singh of Indian Army.

On 10.9.2010, Hav Kulwinder Singh of Indian Army Purchased a Maruti Wagon R XVI car manufactured by Maruti Suzuki Company from its authorised dealer Tara Automobiles under ‘Army Quota’ through Canteen Stores department Bathinda after payment of entire sale consideration vide delivery Challa No.147.

Finding a deficiency in service on pointing a manufacturing defect and unfair trader practice, Kulwinder Singh filed a complaint before the District Consumer Disputes Redressal Forum, Ferozepur but the dealer did not come present despite service of notice and was proceeded against ex-parte.

The Company and its Regional Manager appeared before the Consumer Forum Ferozepur and pleaded that the claim of the complainant is not covered under the warranty because the complainant drove the vehicle in water flooded area where the water entered into the engine of the vehicle and resulted into Hydrostatic Lock and only the repairs are to be carried on chargeable basis as this fact has been mentioned in the job card issued by Shakti Motors Sirsa. The company further denied its liability being the dealer to be liable for the defect, if any.

The District Consumer Forum, Ferozepur consisting of Sanjay Garg, president and Tarlok Singh member, after considering all the facts brought record that the seller and the manufacturer are guilty of selling a defective car to the complainant and ordered to refund the complainant, the price of the car to the tune of Rs.356295 plus insurance charges of Rs.10775 and Rs.550 paid as accessories along with interest @ 7% per annum from the date of complaint i.e. from 1.10.2010 till realization along with Rs.2000 as litigation expenses. The said order in complaint No.541 of 2010 was passed by the District Consumer Forum on 19.1.2011.

Aggrieved from the said order, the Company Maruti Suzuki through its Regional Manager, Chandigarh as well as the dealer Tara Automobiles Jalalabad (W) filed two separate appeals before the Punjab State Consumer Disputes Redressal Commission, Chandigarh for setting aside the award passed against them.

The Punjab State Consumer Disputes Redressal Commission, Chandigarh has decided both the appeals in a single order dated 23.7.2012 holding the dealer and the Company guilty and also concluded that the Company as well as dealer at Jalalabad are also guilty of tempering with the Job card issued by Shakti Motors Sirsa by writing on the said computerized Job card mentioning, “Vehicle stopped due to water enter in engine, Engine Need O/H.” There was a warranty for the vehicle for a period of 24 months or 40000 KMs from the date of purchase but the defect occurred on the same day of sale of car only after a run of 269 KMs.

The Punjab State Consumer Disputes Redressal Commission, Chandigarh held that both the appeals by dealer Tara Automobile Jalalabad, are merit less and dismissed with exemplary costs of Rs.1 lakh each to be paid by the Regional Manager, Maruti Suzuki, Chandigarh and Tara Automobiles, Jalalabad(W) to Hav Kulwinder Singh within one month from the date of receipt of copy of order.

So that in future no person in India dares to harass such like a present case, to a soldier, who is always ready to sacrifice his life without bothering his responsibilities towards his family.

So, both the appeals are dismissed with costs of Rs.1,00,000/- each to be paid by the appellants of both the appeals to have Kulwinder Singh within one month from the date of receipt of copy of order.

Mental Harassment by Broadband Company

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Dear Sir, This is to bring in your notice about the mental harassment by broadband Bangalore. I am getting “Demand Notice” mails from Broadband Company mentioning not made payment for last month usage which is totally untrue. I had broadband connection in bangalore HSR Layout with Broadband Company customer-id : 1105258027 more then one year back. I took advance plan in Broadband Company. My plan was such that i was paying always advance payment for every month usage and i was told by customer-care and executive that whenever you are disconnecting services you need to just notify us through mail, there will not be any payment for last month, since it is in advance which is already paid when cycle starts.
I have faced lot of issue during my account was active in Company, which was resolved by operations head (Pandian), related to their commitment and already paid dues. Now after more then a year they are sending “Demand Notice” mails to me for last month dues. Which was their fault as they didn’t came to collect their belongings, now imposing their mistake on me. I have sent mail for discontinuation of service on 11 June 2012 and also i have made so many calls to customer-care and requested them to please discontinue the services as soon as possible because i have to fly out of india and i will not be here so kindly come and collect all the belongings of Broadband Company. I got a call from customer-care when can they come to collect the model, i said you can come on the last cycle day of the month. Later no one came to collect it after that. I again made call to customer-care to discontinue the service and come and collect the modem, no-one came later. I sent mail to Broadband Company operations head (Pandian) also explaining all the information in it. But again no result, no one came to collect. Now i am out of india and they have sent me “Demand Notice” mails twice and i also replied (Chetan) to each with all mails proof as attached but again they are sending the same mails to me. Please help me to resolve this issue. Thanks, Swapnil Shrivastava customer-id : 1105258027

Qatar: Consumer Protection Law No (8) of 2008

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Consumer rights in Qatar are protected under the Consumer Protection Law No (8) of 2008.

01 Chapter I – Definitions (1-1)
Article 1
In applying the provisions of this Law, the following words and phrases, the meanings assigned to them, unless the context otherwise requires:

  1. Ministry: The Ministry of Economy and Trade.
  2. Minister: The Minister of Economy and Trade.
  3. Competent Management: the administrative unit competent ministry.
  4. Consumer: everyone who gets a good or service, paid or unpaid, fulfilling the needs or personal needs of others, or are being treated or hired them.
  5. Provider: Both offers the service or make a good or distributed or traded or sold or issued by, or imported by or interfere with the production or circulation, in order to submit it to the consumer or dealing or contracting with them in any way.
  6. Declared: both announce this item service, or promoted by itself or by others using various means of advertising.
  7. Item: Each product industrial, agricultural or animal or transformational, including the initial elements of materials and components included in the product.
  8. Service: all the work provided by any party to the consumer, whether it paid or without pay. Price: The price of the sale or the rent or use.
  9. Drawback: each deficiency in the value of goods and services or utility according to end their intended, leads to deprive the consumer in whole or in part from utilizing them as prepared for it, including shortages which results from an error in the handling of the commodity or stored, and all that unless the consumer cause in hindsight.

02. The second quarter consumer rights (2-4)
Article 2
Basic consumer rights guaranteed under the provisions of this law, and prohibited for any person to conclude any agreement or practice any activity that would prejudice those rights and in particular the following rights: –
1 – the right to health and safety at its normal use of goods and services.
2 – the right to obtain information and correct data about the goods and services purchased or used by or submitted to him.
3 – the right to free choice of goods and services which meet the quality requirements shoddy.
4 – the right to respect for religious values, customs and traditions.
5 – the right to obtain knowledge on the protection of legitimate rights and interests.
6 – the right to participate in associations and private institutions, councils and committees related to its consumer protection.
7 – the right to bring lawsuits for anything that might prejudice or damage to his or her rights or restricted. , and without prejudice to the requirements of international conventions to which it is a party.
Article 3
The consumer has the right to require a fair compensation for the damages suffered by him or his money as a result of the purchase or use of goods or services received, and void any agreement to the contrary.
Article 4
Subject to the provisions of Law No. (12) for the year 2004 on associations and private institutions, associations may be established to protect the consumer aims to:
1 – consumer information and awareness and education.
2 – to contribute to the rationalization of consumption and household spending.
3 – to express the point of view of consumers with relevant official bodies and reporting practices harmful to the interests of the consumer and request its intervention to stop such practices when appropriate.
4 – to contribute to the creation of a relationship of trust and cooperation between consumer and provider and to participate in dialogue and consultation with the concerned authorities.
5 – to defend the interests of the consumer.
6 – Conduct studies and research related to consumer protection and dissemination.
03. The third quarter obligations provider (5-17)
Article 5
Provider is committed to returning merchandise with the response value or replaced or repaired free of charge in the event of the discovery of defective or were not in conformity with the standards prescribed or purpose for which it had been contracted for.
Article 6
Prohibits the sale or display or provide or promote or advertise any goods to be fraudulent or corrupt. The Item fraudulent or corrupt, if they do not conform to the specifications prescribed standard or were unusable or expired validity.
Article 7
Provider is committed to the presentation of any commodity trading that shows on its cover or its packaging, clearly, Item type, nature and components, and all the relevant data, and so on, as determined by the executive regulations of this law.
If the use of the goods shall be risky to draw attention to it apparently. prohibited provider Item Description or advertised or displayed in a manner that contains false or deceptive statements.
Article 8
Provider is committed to the presentation of any commodity traded note the price it is visible or advertised prominently displayed in place of Item. For the consumer the right to get an invoice dated include determining the type of commodity and the price and quantity of any other data determined by the executive regulations of this law.
May be a decision of the competent department to identify some of the goods that enough to advertise prices that allows the provider to the consumer the possibility to know their prices in a clear and specific.
Article 9
Subject to the provisions of Law No. (8) for the year 2002 on the organization of work of commercial agents, all committed to a commercial agent or distributor to implement all the guarantees provided by the product or commodity to replace the principal agency.
If you took the implementation of safeguards set forth in the preceding paragraph, a period exceeding fifteen days, committed to the commercial agent or distributor to provide a similar product to the consumer at no charge used to be the implementation of those safeguards.
Article 10
Subject to the provisions of Law No. (19) of 2006 on the protection of competition and prevent monopolistic practices, may not be the provider that hides any commodity or refrain from selling them with a view to control the market price or to impose purchase certain amounts of them or buy another commodity with or to charge a higher price the price of which has been announced.
Article 11
The provider to determine a clear way data service provided by the advantages and characteristics and prices.
And is committed to ensuring the service carried out during the period of time commensurate with the nature of the service and return the amount paid by the recipient of the service, or performance again properly.
Article 12
Provider is committed to its contracts include a commitment to reform, maintenance or after-sales service and return the item within a certain time of the appearance of the defect.
Article 13
Ensures provider matching the commodity or service provided to the consumer with the approved standards advertised, and is asking for non-compliance with the conditions relating to public health and safety.
Article 14
Committed provider immediately discovered a defect in the product or service would harm the consumer with the use of the product or use the service to inform the competent authority of the ministry, and the consumer, the potential harm and how to prevent them and to withdraw the defective goods from the market immediately and advertise it as determined by the executive regulations of this law.
Article 15
Committed provider in the case of sale of a commodity or service in installments, before contracting to provide the following data to the consumer:
1 – the sale price of the commodity or service in cash 0.2 – the sale price of the commodity or service in installments. 3 – extended by installments possible. 4 – the number of installments for each period and the value of each installment. 5 – total cost of the sale in installments. 6 – Amount Almtaan paid in advance if any.
Article 16
Asks the provider for damage resulting from the use of commodity and consumption, also ask about the lack of spare parts for durable goods during the specified period of time and the failure to provide the guarantees stated or agreed with the consumer, in accordance with the rules prescribed by the Regulations of this law.
If the item is the responsibility of the locally produced product and the seller of solidarity, according to the rule of the previous paragraph.
Article 17
Must be declarations and statements provided for in Articles (7), (8), (11) of this chapter in the Arabic language, and may use
04. The fourth quarter penalties (18-22)
Article 18
Without prejudice to any severer penalty provided by law, shall be punished by imprisonment for a term not exceeding two years and a fine of not less than five thousand riyals and not exceeding fifty thousand riyals, or either of them, every person who violates any of the provisions set forth in the articles of Chapter III of this law.
Exempt declared responsibility when the information is contained in the Declaration of art can not be verified, and the provider may be running out. penalty shall be doubled in case of repetition, and is the defendant, if he committed a similar offense within five years from the date of the end of the implementation of the sentence or terminating the lapse of time . considers all the crimes stipulated in this law, similar to the cases of recidivism. penalty shall be a fine of not less than fifteen thousand riyals and not exceeding one hundred thousand riyals, if not alert the provider to the seriousness of the use of the good or service apparently resulted in the damage.
Article 19
Without prejudice to any more severe penalty provided for by the law, anyone who is acting in any way in the reserved materials stipulated in Article (25) of this law, imprisonment for a period not exceeding two months, or a fine equivalent to the value of the goods that have been reserved by disposition to face illegal.
Article 20
Punishable in charge of the actual management of the legal person offending the same penalty provided for in the two preceding articles if proven aware of the violation and the breach of duties imposed on him by that Department has contributed to their occurrence.
And be a moral person jointly liable for the fulfillment of what governs its fines and compensated if the violation has been committed by one of its employees, or in his name or on his behalf.
Article 21
The court in the case of conviction in one of the crimes stipulated in this law, to spend as well as the prescribed penalty, confiscation or destruction Item infringing materials and tools used in production, and the closure of the shop or the place in which they occurred crime for not less than one month and not exceeding three months , and to publish a summary judgment of conviction at the expense of the convict in two daily.
Article 22
May not bring a criminal action or to take any action for crimes stipulated in this law except with the written permission of the minister or his authorized representative.
The Minister may or whoever reconciliation in any of the crimes stipulated in this law, before moving the criminal case or during its consideration and before the season by virtue of a final, compared to the performance of an amount not less than twice the minimum fine not exceeding twice the maximum. entails reconciliation expiration the criminal case.
05. The provisions of the General Chapter V (23-30)
Article 23
This is without prejudice to the provisions of the law, the terms of reference of the Supreme Council for Information and Communication Technology related to consumer protection in the areas of telecommunications and information technology.
Article 24
Void stipulation in a contract or document, document, or other things that comes to contract with a consumer, if such a clause exempting the provider from any of its obligations set forth in this law.
Article 25
Permissible in the case of strong reasons to believe that there is a violation of the prohibition set out in Article (6) of the Act, set the suspect material, and temporarily impounded at the owner regard and under his responsibility. The five samples taken at least with a view to analyze.
Each sample is placed inside Herz received two of them to the person concerned, and thus frees the record contains all the actions taken.
Without prejudice to the right of the person concerned is in progress on the competent court to release the reserved goods, released by law if there was no court order to support the reservation during the thirty days following the day setting.
Article 26
Determine the executive regulations of this law classes and periods necessary to correct the situation in line with the provisions of this law.
The Minister in the case of non-correct the situation after the expiration of the period specified stop facility for the conduct of their business for a period not exceeding ten days and refer the matter to the Court on the closure of the facility and the disposition of the infringing goods.
Article 27
The employees of the ministry who issued Bndbam decision of the Attorney General in agreement with the minister, the status of law enforcement officers, to adjust and to prove irregularities committed in violation of the provisions of this law.
Article 28
The Minister shall issue the executive regulations of this law and the decisions necessary to implement it, and to be issued these decisions continue to work decisions and regulations currently in place are not in conflict with the provisions of this law.
Article 29
Law No. (2) of 1999 referred to.
Article 30
All competent authorities, each within its own jurisdiction, the implementation of this law. And published in the Official Gazette.

Under the law, a consumer is defined as any person or legal entity who:

  1. Obtains a product or service for personal needs or the needs of others.
  2. Is dealt with or contracted for such product or service.

The scope of protection covers products and services that are free of charge.
A supplier is defined as any person who provides and distributes, trades in, sells exports, imports or is involved in the production or circulation of the goods and services.
Consumer Bill of Rights
The basic rights of consumers are:

  1. The right to health and safety in the ordinary use of products and services.
  2. The right to obtain correct information on products and services.
  3. The right to file suits on any breach or restriction of their consumer rights.

A consumer is entitled to request a fair compensation for any damage to him/herself or property as a result of buying or using the concerned product or service. Accordingly, the supplier is obliged to refund the value of the product or replace or repair it without charge if:

  1. A defect is discovered in the product, or
  2. The product does not meet standard specifications or its purpose.

Misleading and False Advertisement
The Consumer Protection Law prohibits the selling, displaying, offering, promotion and advertisement of any spoilt or stale products – meaning that they have exceeded their validity date or do not conform to prescribed specifications.
Suppliers are also prohibited from describing, advertising or displaying products using false or deceptive information.
Advertisers can be held liable for playing part in the offences unless the information provided by the supplier is too technical to verify.
Information and Labeling
Suppliers are obligated to provide the following information in clear label:

  • The price of the product or service.
  • Type, nature and ingredients of the product.

    • If payment is to be made by installments, the following information must be provided:

  • The price of the product or service.
  • The sale price where payment is to be made by installments.
  • The possible installment periods.
  • The number of installments for each period and the amount owed on each installment.
  • The total cost for the sale by installment and the amount of advance payment required.

    • Consumer Rights Activism
    The Law permits the people of Qatar to set up consumer rights societies and groups. Consumers also have the right to participate in any private society, corporation or council that deals with consumer protection.
    Consumer protection societies may be established with the aim of:

  • Providing consumers with information and promoting awareness.
    Helping to rationalize consumption and family expenditure.
  • Representing consumers to convey their concerns and complaints to relevant authorities.
  • Promoting cooperation and trust between consumers and suppliers and participating in dialogues with relevant authorities.
  • Defending consumers’ interests.
  • Researching and publishing studies related to consumer protection.

    • Penalties
    Suppliers who violate any of the provisions may face imprisonment for up to two years and/or a fine between QR5,000 and 50,000. The penalty may be doubled for repeat offenders.
    source: http://portal.www.gov.qa/

    Internet Company harrasing me

    By 15 Comments

    I have used broadband with serviceid 1103177234 sep2010 to apr2011. After that we shifted our place and we did not use any internet from Internet Company harrasing me.. now, after 2 years they are calling now and saying that u have to pay the bill amount of 5438rs. i got a call from mobile no.9266675905 and he is claiming himself as a lawyer in delhi court and he is going to file against me on this issue.. why should i pay that amount, although i didnot used any.
    please solve this issue as soon as possible.