Consumer Protection Act, 2054 (1998) Preamble: Whereas, it is expedient to make provisions for protecting consumers from irregularities concerning the quality, quantity and prices of consumer goods or services, ensuring that no one lowers or removes the attributes or usefulness of consumer goods or services, preventing circumstances in which monopolies and unfair trade practices may lead to an increase in prices, as well as false and misleading propaganda regarding the use and usefulness of consumer goods or services, selling, supplying, importing, exporting and storing safe and quality consumer goods or services, and protecting the rights and interests of consumers through the establishment of an agency for redressing the hardships of consumers, and thus maintaining the health, convenience and economic welfare of consumers. Rights Protected: Every consumer shall have the following rights: (a) Right to be protected from the sale and supply of consumer goods and services which may harm life, body, health and property. (b) Right to be informed about the prices, attributes, quantity, purity, quality, etc. of consumer goods and services so as to be safe from unfair trade practices. (c) Right to be assured of an opportunity to choose consumer goods and services at competitive prices as far as possible. (d) Right to be assured that an appropriate agency will hear matters concerning the protection of the rights and interests of consumers. (e) Right to be heard and compensated against exploitation and grevances hardships resulting from unfair trade practices. (f) Right to consumer education. Complete Act: http://www.lawcommission.gov.np/en/prevailing-laws/func-startdown/292 (Nepal Law Commission)
Pakistan Consumer Protection Laws have been laid down separately by different states, namely:
The Islamabad Consumer Protection Act, 1995
The NWFP Consumer Protection Act, 1997
The Baluchistan Punjab Consumer Protection Act,2003
The Punjab Consumer Protection Act,2005
The Sindh Consumer Protection Act,2007
Basically, all the Consumer Protection Laws intend to provide for protection of various rights:
- Right of protection.
- Right of representation.
- Right of compensation.
- Right of information.
- Right of healthy environment.
- Right to choose.
- Right to basic necessities.
- Right of education.
More info: http://www.crcp.org.pk/
Consumer Contract Act 2000
Japanese Consumer Law is mostly covered under Consumer Contract Act, 2000 which lays down the following objective:
The purpose of this Act is to protect the interests of consumers, and thereby contribute to the stabilization of and the improvement in the general welfare and life of the citizens and to the sound development of the national economy, in consideration of the discrepancy in quality and quantity of information and the negotiating power between consumers and business operators, by permitting a rescission of manifestation of intentions to offer or accept contracts made by consumers when they misunderstood or are distressed by certain acts of business operators, and nullifying any clauses, in part or in whole, that exempt the business operators from their liability for damages or otherwise that unfairly harm the interests of consumers in addition to providing a right to qualified consumer, organization to demand an injunction against business operators, etc. for the purpose of preventing the occurrence of or the spreading of damage to other consumers.
It is arranged in the following order:
Chapter 1 General Provisions (Articles 1 – 3)
Chapter 2 Consumer Contract
Section 1 Rescission of the Manifestation of Intention to Offer or Accept a
Consumer Contract (Articles 4 – 7)
Section 2 Nullity of Consumer Contract Clauses (Articles 8 – 10)
Section 3 Auxiliary Provisions (Article 11)
Chapter 3 Injunction Demand
Section 1 Right to Demand an Injunction (Article 12)
Section 2 Qualified Consumer Organization
Subsection 1 Certification of Qualified Consumer Organizations, etc. (Articles
13 – 22)
Subsection 2 Services Involved in Demand of an Injunction, etc. (Articles 23 –
Subsection 3 Supervision (Articles 30 – 35)
Subsection 4 Auxiliary Provisions (Articles 36 – 40)
Section 3 Special Provisions of Court Proceedings, etc. (Articles 41 – 47)
Chapter 4 Miscellaneous Provisions (Article 48)
Chapter 5 Penal Provisions (Articles 49 – 53)
A PDF copy of the same can be downloaded here.
01 Chapter I – Definitions (1-1)
In applying the provisions of this Law, the following words and phrases, the meanings assigned to them, unless the context otherwise requires:
- Ministry: The Ministry of Economy and Trade.
- Minister: The Minister of Economy and Trade.
- Competent Management: the administrative unit competent ministry.
- 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.
- 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.
- Declared: both announce this item service, or promoted by itself or by others using various means of advertising.
- Item: Each product industrial, agricultural or animal or transformational, including the initial elements of materials and components included in the product.
- 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.
- 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)
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.
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.
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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)
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.
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.
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.
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.
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.
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.
Law No. (2) of 1999 referred to.
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:
- Obtains a product or service for personal needs or the needs of others.
- 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:
- The right to health and safety in the ordinary use of products and services.
- The right to obtain correct information on products and services.
- 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:
- A defect is discovered in the product, or
- 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:
If payment is to be made by installments, the following information must be provided:
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:
Helping to rationalize consumption and family expenditure.
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.