A Public Service Message

Yours Rights in your control

The cost effective and immediate solution of the consumer’s problems

On behalf of C & G (Int) it is informed to all that if in routine life you purchase common commodities, medicines, Petrol and its by products, Hosiery, Textile products, Cosmetic items, Cars, Motorcycles, soft drinks i.e. Pepsi, cock, Building Material, Electronic items, television, Refrigerator, Mobile phone set, Fax machine, and the things so bought are not up to the standard or there is any defect or the things are hazardous to human health or there is any such like defect in these products which caused physical loss or mental agony to you or the things so bought are not according to the warranty are the seller is not ready to fulfill the obligations given in the warranty then you being consumer/user have a right to obtain alternate or its price including damages.

Similarly if you hire services of an Engineer, Doctor, Contractor or any Expert against monitory consideration and the person whose services has been so hired does not provide accurate services or the services so provided are substandard or low in quality or defective or you have suffered due to the faulty services provided by them then you have a right to move complaint/claim against them.
 
Same like Banks, Gas supply companies, WAPADA, P.T.C.L, Mobile phone Companies, Cable operators, TV channels, Internet providers, WASA, Colony developers, Property dealers, showrooms, Cargo services, Courier services, public transport, Goods transport companies, Electronic companies, Airlines, Railways, Building department, Travel Agencies, Commission Agents, Pesticides, Local Government institutions, etc are service providers and if these institutions provide you defective services due to which you suffer loss either mental, physical or financial then obviously being a user and a consumer  you have right to initiate proceedings against them and you may receive damages
If some one got publishes an advertisement regarding any item or any service which is not possible within the given standard or stipulated period. Or the supplier of commodities or the service provider does not inform about the precautions regarding the use of commodities or the services provided so, hence their omissions come under the ambit of Punjab Consumer Act and you have a right to receive damages.
Please remember that any proceedings you want to initiate in this regard you have a period of one month from the date of cause of action.
For further explanations here are some examples

FOOD ITEMS

If you purchased any food item like Tea, Bread, Oil, Ghee, or any packed food item and that item does not contain the date of manufacturing, expiry date, shelf life, ingredients, retail price or maximum price, food value or such ingredients are used in its preparation which are dangerous to human health or precautions or directions are not printed on its packing and due to use of such item you feel any health problem, then you can get relief from the consumer protection court. For example
              “A purchased one Lipton tea packet. Small crystals were found in the tea which turned violet on boiling. The opposite party replaced the tea packet which contained foreign matter. Held, despite replacement, the complainant still had cause of action.”

MEDICINES

Either the medicine is allopathic or homoeopathic or it belongs to traditional system and in case of use, their side effects are not printed or do not contain its ingredients date of manufacturing, expiry date etc then you have a right to get relief through the consumer protection court.

PETROL & it’s BY PRODUCTS

If seller sells mixed petrol, Mobil oil of low quality on the pretext of high quality or receives the price of full one litter but practically he gives less quantity then you have a right to file a complaint against him.

TEXTILE PRODUCTS

A shopkeeper sells cloth to you or readymade dress is sold to you and guarantee is given by him that the color of cloth or dress will not be fade but after wash it becomes fade or it shrinks then you have a right to receive back the price along with damages.

CARS / BIKES etc.

If at the time of sale dealer or shop keeper gives any warranty or guarantee regarding the product but latter on he does not shrug his shoulder in fulfilling the obligation, obviously you may file a complaint against him for the requisite warrant or guarantee what ever the case is.

ELECTRONIC ITEMS

Any seller or dealer of washing machine, dryer, mobile phone, fax machine, computer etc gives you a warranty or guarantee at the time of sale  and  latter on in case of any defect he is reluctant to comply with the conditions then you may claim through the consumer protection court.
                “A purchased an automatic washing machine from the dealer and right from the beginning it did not function properly. Opposite party was directed to replace the machine or refund the price there of with interest @ rate of 24% p.a and cost rupees 4000”

SERVICES

If you hire services of any Doctor, Engineer, Contractor, and you pay them their professional fee but even then they provide defective services due to which you suffer then you have a right to file a complaint against them in the consumer protection court.

SERVICE PROVIDER INSTITUTIONS

In routine life you have to face different service providers’ i.e. Banks, Insurance companies, Electric city providers, Air lines, Telephone Department, Railways etc and if these institutions provide you defective, faulty, and substandard services due to which you suffer mentally, physically or financially or even otherwise they publish any item in newspapers or play any add on electronic media regarding the high standard and you while being impressed by such like advertisement higher any service but practically you find that services are not of that standard about which claim has been so made then you have a right to claim damages.

TOWNS/LOCAL Government Institutions

If the roads, streets etc are being constructed by such bodies and material used in such construction is substandard or defective then you have a right to get relief against such acts through consumer protection court. Similarly WASA if fails to provide hygienic water or provides low quality water you can stress WASA to fulfill his responsibility through court and vice versa it fails about the disposal of sewerage water the same remedy is available to you under Punjab Consumer Act.

Consumers Protection Court

The Government of Punjab has established a court for the protection of consumers/users belonging to Districts Faisalabad, Toba Tek Singh, and Jhang and for their respective Thesils having its Headquarter at Faisalabad. Physical location of the Court is

District Consumer Protection Court
45/New Civil Lines near Iqbal Stadium opposite Old office DSP sadar circle.

Further if shopkeeper has not displayed the price list or necessary in formations regarding the use of such items is not provided or return/change policy at the time of transaction has not been told or receipt has not been issued or the expiry date is not mentioned then you can file a complaint against such shopkeeper before the District Coordinating officer of the respective district. And D C O can impose a fine of rupees up to 50000, to the shopkeeper so complained. But you can not claim any damages.

Instructions for Business community

It is here by informed to the dealers, shopkeepers, service providers in their larger interests that the should exhibit a price list at the premises of business, should inform the change return policy in writing, be inform the side effects of the things so sold especially medicines in writing. Service providers should clearly inform about their ability, procedure, liability risk factor etc.

 Check list for the consumers

Insist always on bill, or invoice for every transaction that is made.
Payment in cash, without bill/cash memo needs to be evidenced by a receipt of money. Payment made through account payees cheque, bank draft etc. is a valuable piece of evidence of consideration for the sale of goods or rendering of services. In the current age, payment made through Credit Cards is also documented
               
When ever a bill or cash memo is issued, read the instructions if any, where in the trader is trying to limit his liability or obligation of receiving back returned goods etc

Whatever is intended to be purchased by description should be sold so. The   Consumer should see that the goods supplied by the seller correspond with the description made by the seller in respect of its quantity, quality, measurement, specification, number, as the case may be. If the sale is by sample, the goods supplied should correspond to the sample in quality and standards. In case the sale is by sample as well as description, the bulk should correspond with both. The consumer should also be vigilant against any tall claims and presentations made by the seller for the purpose of promoting the sale use or supply of any goods or for the provisions of any services. These representations can take many forms such as falsely representing that goods are of a particular quality or standard or model when they do not possess the said characteristics or benefits or standard.

Ensure that all the certificates of warranty, guarantee and instructions, terms and manuals are handed over by the seller at the time of sale.

Check the batch number date of manufacture date of expiry particularly in food items. While buying the medicines date of expiry must be noted as also for canned foods, tetra-pack drinks which have a limited shelf life. See if the tin or can is bulging due to microbial infection.

Ensure that the seller has a title to sell the goods. It is better to buy the goods from reputed shops and malls.

For adulterated food items so detected, immediately approach the competent authorities for appropriate testing.

Packed commodities have printed prices. Do not pay in excess

In case of dispute, approach the court with genuine, plausible, liquidated claims presented in brief but lucid manner supported by the documentary evidence.

Safe guards to the shopkeepers and manufacturers

The consumer court may impose a fine up to rupees 10000, in case the complaint or claim is false, baseless and has been filed just to blackmail.


Writer of the Article

Waseem Talib Chatha
Associate @ C&G Law Associates
Click here for portfolio of Writer