06/08/2014
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FREE LEGAL AID CONSUMER COURT CASES
KAZMI LAW ASSOCIATES
Allhaj Doctor Rashid Kazmi Advocate
Federal Shariat & High Court of Pakistan
KAZMI HOUSE
Toheed Colony Near PC Hotal PO-Jhangi
Abbottabad Hazara KPK PAKISTAN
+92-300-9113675.
KAZMI Law Associates Means Highly efficient, reliable Lawyers with strong oratory skills and extensive experience advising clients on a wide variety of legal and economic issues gained via years of loyal and exemplary service for leading organizations within the all kind of Civil, Criminal, Family, Banking, Constitutional, Consumer, Corporate, Trade Marks, Copy Rights Cases with Commitment and Excellence.
A proactive, committed, client-focused communicator with a passion to deliver and a broad and in-depth knowledge of law, legal standards and regulations.An innovative and resourceful professional, with extensive research, case preparation and advisory skills, and proven ability to meet deadlines, surpass targets and deliver results regardless of pressure.
Protecting Consumer Rights in Pakistan
The best thing we often find as an 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 implementation and then the informed decision of the public. Most of our common user are not aware of thier rights as the consumer, if they find any problem, they don’t know where to go and get their issues resolved. This article will give you a clear direction to move in the future in case of any complaint against any misdeed of the seller on quality, services, prices or misleading advertising.
In the modern era we are ready to buy very costly gadgets to move ahead in the challenges of the time. In spite of the multinational brands, we worry for the fact that these gadgets may turn out as faulty any time and our hard earn money may waste. So, this is the hard fact that, while being ignorant of our rights as consumer, we don’t know how to act and protect our rights. Then another thing which is very important is the documentation of our purchase (recipient) which we often do not care and through away at any place. We often think that the gadget we have purchased is of good quality and we will not face any problem in the future. Most of the time we are told by the seller that this item has one year or two year warranty. But when we face any problem in that Mobile, computer or any type of equipment, we suddenly remember the warranty card…..but often there are good chances that you have lost that card any way.
In another case we might have every thing like mobile warranty card, the purchasing receipt and other documents and we claim the warranty. The shop keeper simply looks at the mobile and after checking for some time he may explain that we are not able to replace it as this type of fault is out of our warranty scope ( like the moisture in the mobile). This situation gives you a very bad feeling and you think that you might have lost every thing. That might be the hardest time when we curse ourselves and blame the whole damage for such action.
Hold a minute, you still have lost nothing. You have the chance to submit an application in Punjab Consumer Protection Council (PCPC).
Simply go the CPCP in your area; these councils were established under consumer protection act 2005. Since then they have resolved hundred of cases up till know. Other then normal cases, a doctor have to pay for his negligence to a person a heavy punishment of 0.5 million.
How to lodge a complaint?
First of all, always keep the original receipt and warrantee card with you.
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 plane paper with your name, contact No., address and the complaint. Attached the Notice, Mubashar Warraich Pmlq Brusselsntee card and purchasing receipt with the application and send it to your nearest district consumer council.
The council comprising of the representatives and district administration will asses the complaint and send a notice to the seller through the DPO. 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.
Dear readers, the aim of this article was to give you a direction if you have any problem with this type of situation mobile or any other dealing, remember that you can register complain against any one at this forum when you are a consumer and you are not satisfied with the services or product you have purchased.
You can also lodge complaints in Consumer council for the following services and products.
Low quality of products
Over charging then normal rates
Misleading statement of the shop keeper
Warranty issue
Misleading advertising
Unsatisfied services of Lawyer, Doctor, mason or any contractor
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
By the way, 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.
Please contact the following address and Phone.
FREE LEGAL SERVICES FOR CONSUMER
KAZMI LAW ASSOCIATES
Allhaj Doctor Rashid Kazmi Advocate
Federal Shariat & High Court of Pakistan
KAZMI HOUSE
Toheed Colony Near PC Hotal PO-Jhangi
Abbottabad Hazara KPK PAKISTAN
+92-300-9113675.
Know About Consumer Courts In Pakistan
15
AUG
A civilized society believes in the fundamental importance of Consumer Protection
This website is providing you all kinds information relating to the Consumer Courts in Pakistan after reading that details you can easily know about your rights and you can also know that how should you come before the Consumer Courts.
Who is a consumer?
Section 2(c) of the PCPA,2005 defines the term “Consumer” as under:
Buys or obtains on lease any product for a consideration and includes any user of such product but does not include a person who obtains any product for resale or for any commercial purpose; or
Hires any services for a consideration and includes any beneficiary of such services
What are consumer rights?
According to the UN guidelines on consumer protection (1985), a consumer has eight basic rights, which are as follows;
Right to Basic Needs
Right to Safety
Right to be Informed
Right to Choose
Right to Representation / be Heard
Right to Redress
Right to Consumer Education
Right to Healthy Environment
How can consumer rights be protected?
Only enactment and enforcement of the law by the Government does not serve. It always requires enthusiastic response from the citizen’s side. The consumers should register their complaints in the Consumer Courts or before Authority, as the case may be to mark the power of consumers and to protect their rights.
Which remedies are available?
On violation of any provision of the Act, consumer may file a claim for damages in Consumer Court for which no court fee is required
For redress of following grievances consumer can file complaint before Authority:
Non issuance of receipt
Non exhibition of price list
Non mentioning of date of manufacturing, expiry or ingredient
Non disclosures of qualification
To whom a complaint can be made?
Complaints can be made to;
Consumer Court
Authority (District Coordination Officer)
What is the procedure of filing a complaint / to get damages?
The procedure is;
Serve a fifteen (15) day legal notice on plain paper, to the provider of defective product(s) or faulty service(s) as the case may be, stating therein that he will redress the damage suffered by consumer due to defective product(s) or faulty service(s) and consequently pay damages to the consumer within fifteen days of receipt of legal notice, otherwise the consumer can file a claim for damages in the Consumer Court
Legal notice should be served through acknowledgement
If matter is not resolved through legal notice then consumer can file a claim for damages in the Consumer Court within subsequent fifteen days
Claim can be filed by the consumer himself or through a lawyer
What does damages mean?
“Damage” means all damage caused by a product(s) or service(s) including damages to the product itself and economic loss arising from a deficiency in or loss of use of the product(s) or service(s).
What are the obligations of manufacturers?
The manufacturer of a product shall be liable to the consumer for damages caused by a characteristic of the product that renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer.
What are the obligations of service providers?
A provider of service shall be liable to a consumer for damages proximately caused by the provision of service that have caused damages.
How much damages can a consumer claim?
Consumer can file a claim for damages before a Consumer Court. Damages can be claimed according to sufferings or losses. There is no limit in this regard.
What are the things consumers should observe to protect their rights?
Consumers should observe the following in order to protect their rights;
Check date of manufacturing / expiry of the product(s) before purchase
Read ingredients / component parts / instructions of the product(s) / service(s)
Insist about rate list / price catalogue of product(s) / service(s)
Always get receipt of product(s) / service(s) purchased / hired
Ask for the capabilities or qualifications of the service provider, along-with the quality of the tools he intends to use for provision of the services,
Ask about return and refund policy
Check design and standard of the product(s)
Check for the product’s safety / warning
Is there any remedy available against bait advertisement?
Yes, Bait advertisement is covered under Section-22 of the Act.
Can consumer lodge complaint against an astronomer?
No, detailed answer is provided in Section 2(k) of the Act which is as under:-
“services” includes the provision of any kind of facilities or advice or assistance such as provision of medical, legal or engineering services but does not include–
The rendering of any service under a contract of personal service;
The rendering of non-professional services like astrology or palmistry; or
A service, the essence of which is to deliver judgment by a court of law or arbitrator;
Is there any limitation for filing a complaint in court?
Yes, 30 day from arising of cause of action.
Is there any pre-requisite for filling a claim in courts?
Yes, 15 day legal notice is pre-requisite for filing claim in Consumer Court.
Is right of appeal available under this Law?
Yes, right of appeal is available under the law ;
An Aggrieved person may file appeal in High Court, Lahore within 30 days of final order of the Consumer Court
An appeal can be filed before Government (Secretary, Industries, Commerce & Investment) within 30 day against the order of Authority.
THE NEWS
Consumer courts providing relief to people’
Umar Cheema
Thursday, November 15, 2012
From Print NewEditionFanClub.com
ISLAMABAD: As the independent judiciary has become the symbol of hope for the public at large, a less noticed aspect is the relief that people are getting from the consumer courts that are holding to account the big businesses and public sector departments for defrauding the citizens.
While many people complain about the excessive utility bills, very few know that they can approach the consumer courts for redressing their grievances and without the assistance of a lawyer.
A resident of Rawalpindi, Tahir Hamdani, moved the Consumer Court in Rawalpindi against Islamabad Electric Supply Company (IESCO) for billing much more that his domestic use of electricity. As further inquiry established the veracity of his complain, the IESCO was directed last month to pay him compensation to the tune of Rs500,000 besides proceedings against the IESCO staff responsible for this. Recently, the same court served notices on PAF Base Commander for non-provision of clean drinking water in the area.
The consumers can approach courts for lodging complaints and claiming compensation for substandard products, misleading publicity, over-charging and dissatisfactory services. They can also claim damages against defective products and dissatisfactory services.
Punjab stands out among the four provinces by setting up exclusive courts for this purpose where steady stream of complaints are regularly disposed of, granting relief to the public. Sindh in contrast does not have laws for the consumer protection whereas Balochistan has passed the legislation but stopped short of setting up any court. In Khyber-Pakhtunkhwa (KP), district and session judges have been given the additional charge for dealing with the consumer-related complaints as no separate court exists for this purpose.
The situation is similar in Islamabad where additional district and session judge has been given this charge. Given the load of criminal and civil cases, these courts cannot deal effectively with the consumers-related complains. The Consumer Protections Acts were introduced through Ordinances in all provinces in 2005. This followed the legislation from all provincial assemblies except Sindh. Consumer Rights Commission of Pakistan (CRCP), an NGO, is playing an active role in creating awareness and lobbying for the legislation. There are 11 consumer courts working in Punjab at the moment. The Consumer Court in Lahore has jurisdiction extended to Lahore, Kasur, Sheikhupura and Nankana Sahib. Rawalpindi court covers Rawalpindi, Attock and Chakwal districts. The court in Gujrat is authorised to hear complaints from Gujrat, Mandi Bahauddin and Jhelum districts and the Sialkot court has jurisdiction over Sialkot and Narowal.
The Bahawalpur court hears cases from Bahawalpur, Rahim Yar Khan and Bahawalnagar districts and the Sargodha court from Sargodha, Khushab, Bhakkar and Mianwali districts. The Sahiwal court entertains complaints from Sahiwal, Pakpattan and Okara districts.
The jurisdiction of Multan court extends to Multan, Lodhran, Vehari and Khanewal and the court in Dera Ghazi Khan is authorised to entertain complaints from Rajanpur, Muzaffargarh and Layyah besides DG Khan. The jurisdiction of the Faisalabad court extends to Faisalabad, Jhang and Toba Tek Singh districts, he said.
The cases decided by the consumer courts have started making headlines, not regularly though. A consumer court in Lahore recently directed the Jadoon & Company Import and Export Customs Clearing and Shipping Agent to pay Rs40,000 as damages to the petitioner, Ahmed Nawaz, for not delivering a parcel to the UK.
In May, the same court passed the historic decree against a tracking company for its failure to help recover a stolen car and destroying relevant evidence. Shahid Aqeel, the complainant was granted Rs1, 509,430. In another case, Ali Hussain, a rickshaw owner moved the Lahore consumer court last month stating he bought a new rickshaw that turned out to be defective. The court directed the manufacturing company to replace the rickshaw in addition to paying Rs100,000 compensation to Ali Hussain.
A consumer court in Gujranwala recently issued notice to a restaurant on a suit seeking Rs1,000,000 in damages from the eatery for allegedly serving substandard food. Sialkot’s consumer court last year had issued an order to seize the bottles of Coca-Cola Company for using substandard beverage.
Who is a consumer? Top
Section 2(c) of the PCPA,2005 defines the term “Consumer” as under:
Buys or obtains on lease any product for a consideration and includes any user of such product but does not include a person who obtains any product for resale or for any commercial purpose; or
Hires any services for a consideration and includes any beneficiary of such services
What are consumer rights? Top
According to the UN guidelines on consumer protection (1985), a consumer has eight basic rights, which are as follows;
Right to Basic Needs
Right to Safety
Right to be Informed
Right to Choose
Right to Representation / be Heard
Right to Redress
Right to Consumer Education
Right to Healthy Environment
How can consumer rights be protected? Top
Only enactment and enforcement of the law by the Government does not serve. It always requires enthusiastic response from the citizen’s side. The consumers should register their complaints in the Consumer Courts or before Authority, as the case may be to mark the power of consumers and to protect their rights.
Which remedies are available? Top
On violation of any provision of the Act, consumer may file a claim for damages in Consumer Court for which no court fee is required
For redress of following grievances consumer can file complaint before Authority:
Non issuance of receipt
Non exhibition of price list
Non mentioning of date of manufacturing, expiry or ingredient
Non disclosures of qualification
To whom a complaint can be made? Top
Complaints can be made to;
Consumer Court
Authority (District Coordination Officer)
What is the procedure of filing a complaint / to get damages? Top
The procedure is;
Serve a fifteen (15) day legal notice on plain paper, to the provider of defective product(s) or faulty service(s) as the case may be, stating therein that he will redress the damage suffered by consumer due to defective product(s) or faulty service(s) and consequently pay damages to the consumer within fifteen days of receipt of legal notice, otherwise the consumer can file a claim for damages in the Consumer Court
Legal notice should be served through acknowledgement
If matter is not resolved through legal notice then consumer can file a claim for damages in the Consumer Court within subsequent fifteen days
Claim can be filed by the consumer himself or through a lawyer
What does damages mean? Top
“Damage” means all damage caused by a product(s) or service(s) including damages to the product itself and economic loss arising from a deficiency in or loss of use of the product(s) or service(s).
What are the obligations of manufacturers? Top
The manufacturer of a product shall be liable to the consumer for damages caused by a characteristic of the product that renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer.
What are the obligations of service providers? Top
A provider of service shall be liable to a consumer for damages proximately caused by the provision of service that have caused damages.
How much damages can a consumer claim? Top
Consumer can file a claim for damages before a Consumer Court. Damages can be claimed according to sufferings or losses. There is no limit in this regard.
What are the things consumers should observe to protect their rights? Top
Consumers should observe the following in order to protect their rights;
Check date of manufacturing / expiry of the product(s) before purchase
Read ingredients / component parts / instructions of the product(s) / service(s)
Insist about rate list / price catalogue of product(s) / service(s)
Always get receipt of product(s) / service(s) purchased / hired
Ask for the capabilities or qualifications of the service provider, along-with the quality of the tools he intends to use for provision of the services,
Ask about return and refund policy
Check design and standard of the product(s)
Check for the product’s safety / warning
Is there any remedy available against bait advertisement? Top
Yes, Bait advertisement is covered under Section-22 of the Act.
Can consumer lodge complaint against an astronomer? Top
No, detailed answer is provided in Section 2(k) of the Act which is as under:-
“services” includes the provision of any kind of facilities or advice or assistance such as provision of medical, legal or engineering services but does not include–
The rendering of any service under a contract of personal service;
The rendering of non-professional services like astrology or palmistry; or
A service, the essence of which is to deliver judgment by a court of law or arbitrator;
Is there any limitation for filing a complaint in court? Top
Yes, 30 day from arising of cause of action.
Is there any pre-requisite for filling a claim in courts? Top
Yes, 15 day legal notice is pre-requisite for filing claim in Consumer Court.
Is right of appeal available under this Law? Top
Yes, right of appeal is available under the law ;
An Aggrieved person may file appeal in High Court, Lahore within 30 days of final order of the Consumer Court
An appeal can be filed before Government (Secretary, Industries, Commerce & Investment) within 30 day against the order of Authority
FREE LEGAL SERVICES FOR CONSUMER
KAZMI LAW ASSOCIATES
Allhaj Doctor Rashid Kazmi Advocate
Federal Shariat & High Court of Pakistan
KAZMI HOUSE
Toheed Colony Near PC Hotal PO-Jhangi
Abbottabad Hazara KPK PAKISTAN
+92-300-9113675.
KAZMI Law Associates Means Highly efficient, reliable Lawyers with strong oratory skills and extensive experience advising clients on a wide variety of legal and economic issues gained via years of loyal and exemplary service for leading organizations within the all kind of Civil, Criminal, Family, Banking, Constitutional, Consumer, Corporate, Trade Marks, Copy Rights Cases with Commitment and Excellence.
A proactive, committed, client-focused communicator with a passion to deliver and a broad and in-depth knowledge of law, legal standards and regulations.An innovative and resourceful professional, with extensive research, case preparation and advisory skills, and proven ability to meet deadlines, surpass targets and deliver results regardless of pressure.
