The idea of consumer protection laws was firstly adopted in Pakistan by the Federal Government in 1995 when The Islamabad Consumer Protection Act, 1995 was passed. Later on The Provincial Governments followed this pattern and the provincial assembly of Khyber Pakhtunkhwa passed The Khyber Pakhtunkhwa Consumer Protection Act, 1997. The provincial assembly of Baluchistan passed The Balochistan Consumer Protection Act, 2003, the provincial assembly of Punjab passed The Punjab Consumers Protection Act, 2005 and provincial assembly of Sindh passed a Consumer Protection Bill in 2015 to protect the rights of consumers. The basic purpose of making these Acts, a part of our legislation, is to establish a prosperous society where all consumers may feel themselves secured and where there is no room exists for fraudulent acts.
After the approval of these Acts, district consumer courts are established for all the districts of Islamabad, Punjab, Khyber Pakhtunkhwa and Balochistan while the enactment in Sindh province is in process, so that people may easily access to these courts for the protection of their rights. Along these district consumer courts a network of district consumer protection councils has been spread in all four provinces of Pakistan. These councils are established to create awareness among masses about their basic rights and benefits as a consumer
- If anyone gets a damaged product or a faulty service what remedy does he have?
A. If a person who buys a thing and eventually it turns out to be damaged or is not up to the mark, or a service provider provides defective or faulty services, then the rights of the consumer or the service recipient are protected under the Consumer Protection Act, he can enforce his rights by filling a complaint before the consumer Court.
- What exactly is consumer protection law?
A. Consumer protection law is present to protect buyers from faulty products or injuries and damages incurred either through the actions of the seller or from the product purchased. It also governs the litigation which takes place when those damages occur.
- Who can file a complaint?
A. Any person who comes within the definition of a consumer can file a complaint, and consumer is the person who buy a product or hire someone for services.
- Are Banks service providers?
A. Yes the banks comes within the definition of service providers, unless the recipient hasn’t availed any kind of loan in lieu of the relation between the bank and the customer. If the consumer has availed any kind loan and in that contrast he is aggrieved by the services of the bank, than the proper forum to redress his grievances is the Banking Court not the Consumer Court.
- Can a consumer sue under the consumer protection laws because of something placed false in an advertisement?
A. Yes. False advertising is covered by the consumer protection laws. This is when a customer gets an impression of one thing from an advertisement but the actual thing he or she gets is completely different.
- If you’re a consumer and you feel that you’ve been wronged by faulty product or service, what should your first step be?
A. First step is to send a legal notice by writing down what it is you think you were wronged about and address that to the seller or service provider that the product is not genuine or is faulty or the services were not up to the mark or you have suffered damage, then you would seek assistance from a consumer protection law attorney. An attorney can help you determine whether you have a case or not and help you determine how to proceed. If nothing is replied by the manufacturer or service provider then a complaint is filed within 30 day of the cause of action.
- What are the reliefs that can be sought from the consumer court?
A. When the consumer due to the defective product or faulty service suffer any kind of damage then the consumer is liable to be reimbursed of the actual damages he has sustained, but when the consumer hasn’t sustained any kind of damage then he is only liable to the return of the consideration i.e. amount paid for the product or services and the cost incurred by him on filling of the suit.
- What are the requirements of filling a complaint in the consume court?
A. The complaint must contains:
Name, address and C.N.I.C number of the petitioner
Particulars of the respondent(s)
Copy of the legal notice must be attached to that application
Details of the claims and damages
Documentary proof (such as receipt) etc.
Relief sought
Affidavit of the Complainant
- What is the Court fee for filling a complaint before a consumer court?
A. There is not Court fee charged for filling a complaint before the consumer court.
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