PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 18TH MARCH, 2015
NO.PAS/Legis-B-13/2014- The Sindh Consumer Protection Bill, 2014 having been passed by the
Provincial Assembly of Sindh on 20th February, 2015 and assented to by the Governor of Sindh
on 16th March, 2015 is hereby published as an Act of the Legislature of Sindh.
THE SINDH CONSUMER PROTECTION ACT, 2014.
SINDH ACT NO. XVII OF 2015.
AN
ACT
to provide and protect the rights and interests of consumers in the
Province of Sindh.
Whereas, it is expedient to provide for protection and
promotion of the rights and interests of the consumers, speedy
redress of consumer complaints and for matters connected
therewith;
PRELIMINARY
Part-I
It is hereby enacted as follows:-
Preamble.
1. (1) This Act may be called the Sindh Consumer Protection Act, 2014.
(2) It shall extend to whole of the Province of Sindh.
(3) It shall come into force at once.
Short title, extent
and
commencement.
2. In this Act, unless there is anything repugnant in the subject or
context –
(a) “Act" means the Sindh Consumer Protection Act,
2014;
(b) “Advertisement” includes advertisement-
(i) by all commercial communities of any kind
through any means including media;
(ii) by display of notices, play cards or price lists;
(iii) by means of banners, bill boards, cards, catalogues,
circulars, hand bills, labels neon printing (on
vehicles or other things), sign boards, wall banners,
wall chalking or other documents or materials;
(iv) by the exhibition of films, Jingles, paintings,
photographs or pictures;
(v) by means of broadcasting, cable operation, internet,
short messaging service (SMS), satellite
communication, telecasting, telecommunication or
wireless communication; and
(vi) by means of peddler or hawker and proclamation
vocally or by loud speaker or mega phones.
Definitions.
(c) "Authority" means the Secretary or Director
General, Supply and Prices Department or any
other officer notified by Government.
(d) “Complainant” means:-
(i) a consumer; or
(ii) a voluntary consumer’s association;
(iii) Government; and
(iv) the council or a District Protection Council.
(e) "Consumer" means a person or entity who-
(i) buys or obtain 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
(ii) hires any service for a consideration and includes any
beneficiary of such services,
Explanation: For the purpose of sub-clause (i) "Commercial purpose" does
not include use by a consumer of products bought and used by him only for
the purpose of his livelihood as a self employed person.
(f) “Counterfeit” means made an exact in imitation of
something with the intention to deceive or defraud.
(g) "damage" means all damages caused by a product of
service including damage to the product itself and
economic loss arising from deficiency in or loss of use of
the product or service;
(h) "Entity" means an organization that has a legal identity
apart from its members;
(i) “False or Misleading Representation” includes any
statement made by a businessman or person, in commerce
or trade, in connection with
the supply or possible supply of goods or services or with
the promotion for the supply or use of goods or services,
whether by omission or commission, orally or in writing or
by chalking on walls or through sign boards or neon signs
or by distributing pamphlets or by publication in any
manner, including electronic media whereby such person,
or businessman-
(i) makes, applies or implies a trade description that is
false or misrepresentative;
(ii) offers gifts, prizes or other free items with the
intention of not providing them, or of not providing
them as offered;
(iii) demands or accept payment or other consideration
for goods or service from a consumer or
prospective consumer where, if at the time of the
acceptance, such person, or businessman does not
intend to supply the goods or services;
(iv) intends to supply goods or services materially
different from the goods or services in respect of
which the payment or other consideration is
accepted.
(v) is aware that he will not able to supply the goods or
services within the period specified by him;
(vi) falsely represents that goods or services, as the case
may be, are of a particular kind standard, quality,
grade, quantity composition, style of particulars
previous use or that they are supplied by any
particular person or by any person of a particular
profession, reconditioned or refurbished at a
particular time;
(vii) falsely represents that goods are new, or that they
are reconditioned, or refurbished or that they were
manufactured, processed, produced, reconditioned
or refurbished at a particular time;
(viii) falsely represents that good or services have any
sponsorships, approval, affiliation, endorsement,
performance characteristics, accessories, uses, or
benefits;
(ix) falsely represents the price of any goods or
services;
(x) falsely represents the existence, exclusion of effect
of any condition, warranty, guarantee, right, or
remedy;
(xi) falsely represents the place of origin of goods;
(xii) falsely represents that because of some defect in a
consumer home, health, safety, or lives of the
consumer of his or her family are in danger if the
product or services are not purchased, when in fact
the defect does not exist or the product or services
would not remove the danger;
(xiii) falsely represents causing a probability of
confusion or of misunderstanding with respect to
the authority to a salesperson, representative, or
agent to negotiate the final terms of a transaction;
(xiv) falsely represents causing a probability of
confusion or of misunderstanding as to the legal
rights, obligations or remedies of a party to
transaction;
(xv) falsely represents that a consumer will receive
goods or services “free” or “without charge” or
similar words without clearly and conspicuously
disclosing the conditions, terms, or pre-requisites
requirements to be fulfilled by the consumer in
order to avail such goods or services;
(xvi) falsely represents the availability of facilities for
the repair of goods and supply of spare parts for
goods; and
(xvii) falsely represents that a product or package is
disagreeable, biodegradable, or photo degradable;
(j) "Government" means the Government of Sindh;
(k) "Laboratory" means a laboratory established or
recognized by Consumer Protection Council and includes
any such laboratory or organization established by or under
any law for the time being in force, which is maintained,
financed, aided or recognized by Government for carrying
out analysis or test of any goods with a view to determine
whether such goods suffer from any defect;
(l) "Manufacturer" includes a person or entity who:
(i) is in the business of manufacturing a product for
purposes of trade or commerce;
(ii) labels a product as his own or himself as the
manufacture of the product;
(iii)as a seller exercises control over the design,
construction or quality of the product that causes
damages;
(iv) assembles a product by incorporating into his
product a component or part manufactured by
another manufacturer; and
(v) is a seller of a product of a foreign
manufacturer and assumes or administers
warranty obligations of the product, or is
affiliated with the foreign manufacturer by way
or partial or complete ownership or control; or
modifies or prepares the product for sale or
distribution;
(m) "Manufacturing a product" means producing,
fabricating, constructing, designing, remanufacturing,
reconditioning or refurbishing a
product;
(n) “Product" has the same meaning as assigned to
the word "goods" in the Sale of Goods Act, 1930,
and includes products which have been
subsequently incorporated into another product or
an immovable but does not include animals or
plants or natural fruits and other raw products, in
their natural state, that are derived from animals or
plants;
(o) "Reasonably” anticipated alteration or
modification" means a change in a product that a
product manufacturer should reasonably except to
be made by an ordinary person in the same or
similar circumstances and a change arising from
ordinary wear or tear but does not include—
(i) changes to or in .a product because the product does not
receive reasonable care and maintenance; or
(ii) alteration, modification or removal of an otherwise
adequate warning; or
(iii) the failure of the seller to provide an adequate warning
to the consumer where the same had been provided by
the manufacturer and he could do no more;
(p) "Reasonably anticipated use" means a use or handling of
a product that the product manufacturer should reasonably
except of an ordinary person in the same or similar
circumstances; and
(q) "Services" includes the provision of any kind of
facilities which includes all services such as
communication etc. or advice or assistance such as
provision of medical, legal or engineering services
but does not include-
(i) the rendering of any service under a
contract service;
(ii) a service, the essence of which is to deliver
judgment by a Court of law or Arbitrator;
(r) “Trade” means a conduct of a business providing goods,
moveable property, or services primarily for personal,
domestic family or household purpose.
3. The provisions of this Act shall be in addition to and not in
derogation of the provisions of any other law for the time being in force.
Act not in
derogation of any
other law.
PART-II
LIABILITY ARISING FROM DEFECTIVE
PRODUCTS
4. (1) The manufacturer of a product shall be liable to a consumer for
damages proximately 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.
(2) A product shall be defective only if-
(a) it is defective in construction or
composition as provided in section 5;
(b) it is defective in design as provided in section 6;
(c) it is defective because as adequate warning has been given
as provided in section 7; and
(d) it is defective because it does not conform to an
express warranty of the manufacturer as provided in
section 8.
5. A product shall be defective in construction or
composition of, at the time the product was manufactured, a
material deviation was made from the manufactures own
specifications, whether known to the consumer or not.
Liability for
defective
products.
Defective in
construction or
composition.
6. (1) A product shall be defective in design if, at the time the
product left its manufacturer's control-
(a) there existed an alternative design for the product
that was capable of preventing the damage to a
consumer; and
(b) the likelihood and gravity of damage outweighed
the burden.
(2) When the manufacturer has used reasonable care to
provide adequate warning to the users or handlers of the product,
it shall be considered in evaluating the likelihood of damage
arising from the design of a product.
Defective in
design.
7. (1) A product shall be defective if an adequate warning about
the product that it possessed a characteristic that could cause
damage, has not been provided at the time the product left its
manufacturer's control or the manufacturer has failed to use
reasonable care to provide an adequate warning of such
characteristic' and its danger to users and handlers of the product:
Defective
because of
inadequate
warning.
Provided that a manufacturer shall not be required to
provide an adequate warning about his product whena)
the ordinary user or handler of the product could know,
with the ordinary knowledge common to the community,
that the product has dangerous characteristic which could
cause damage; or
b) the user or handler of the product already knows or should
be reasonably expected to know that the product has
characteristics which were dangerous and could cause
damage.
(2) A manufacturer of a product who, after the product has left
his control, acquires knowledge about the dangerous
characteristics of the product that could cause damage, or who
would have acquired such knowledge had he acted as a reasonably
prudent manufacturer, shall be liable for damage caused by his
subsequent failure to use reasonable care to provide an adequate
warning of such characteristic and its danger to users and handlers
of the product.
8. A product shall be defective when it does not conform to
an express warranty made at any time by the manufacturer about
the product if the express warranty has induced the claimant to use
the product and the claimant's damage was proximately caused
because the express warranty was untrue.
Defective
because of nonconformity
to
express
warranty.
9. (1) Notwithstanding anything contained in section 6, a
manufacturer of a product shall not be liable for damage
proximately caused by a characteristic of product's design if the
manufacturer proves that at the time the product left his control-
(a) he did not know and in the light of the then existing
and reasonably available scientific and technological knowledge,
could not have known the design characteristic that caused the
damage or the danger of such characteristic; or
(b) he did not know and, in the light of the then existing
and reasonably available scientific and technological knowledge,
could not have known of the alternative design identified by the
consumer under section 6 (1); or
(c) the alternative design identified by the consumer
under section 6(1) was not feasible in the light of the then existing
and reasonably available scientific and technological knowledge or
then existing economic practicability.
(2) Notwithstanding anything contained in Section 7 (1)
or 7(2), a manufacturer of a product shall not be liable for damage
if the manufacturer proves that, at the time the product left his
control, he did not know and, in the light of the then existing and
reasonably available scientific and technological knowledge,
could not have known of the characteristic that caused the
damage or the danger of such characteristic.
Proof of
manufacturer's
knowledge.
10. Where the consumer has not suffered any damages from the
product except the loss of utility, the manufacturer shall not be
liable
for any damages except a return of the consideration or a part
thereof and the costs.
Restriction on
grant of
damages.
11. (1) Where the nature of the product is such that the
disclosure of its competent parts, ingredients, quality, or date of
manufacture and expiry is material to the decision of the
consumer to enter into a contract for sale, the manufacturer shall
disclose the same.
(2) Notwithstanding anything contained in sub- section (1),
Government may, by general or special order, require such
disclosure in any particular cases.
Duty of
disclosures.
12. The liability of a person by virtue of this part to a consumer
who has suffered damage shall not be limited or excluded by the
terms of any contract or by any notice.
Prohibition on
exclusions
from liability.
PART-III
LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY
SERVICES
13. A provider of services shall be liable to a consumer for
damages proximately caused by the provision of service that have
caused damage.
Liability for
faulty or
defective
services.
14. (1) Where the standard of provision of a service is regulated
by a special law, provincial or federal standard of services shall
be deemed to be the standard laid down by such special law.
(2) Where the standard of a service has not been
provided in law or by, the professional or trade body concerned,
the standard shall be that which at the time of the provision of the
service, a consumer could reasonably expect to obtain at that time
in Pakistan.
Standard of
provision of
services.
15. Where the consumer has not suffered any damages from the
provision of service damages except lack of benefit, the service
provider shall not be liable for any damages except a return of
the consideration or a part thereof and the costs.
Restriction on
grant of
damages.
16. (1) Where the nature of the service is such that the
disclosure of the capabilities or the qualifications of the provider
of the service or quality of the products that he intends to use for
provision of the service is material to the decision of the
consumer to enter into a contract for provision of services, the
provider of services shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1),
Government may, by general or special order, require such
disclosure in any case.
Duty of
disclosure.
17. The liability of a person by virtue of this Part to a person
who has suffered damage shall not be limited or excluded by the
terms of any contract or by any notice.
Prohibition on
exclusions
from liability.
PART-IV
OBLIGATIONS OF MANUFACTURERS
18. Unless a price catalogue is available for issue to consumer,
the manufacturer or trade shall display prominently in his shop
or display-centre a notice specifying the retail or wholesale
price, as the case may be, of every goods available for sale in
that shop or display-centre.
Prices to be
exhibited at the
business place.
19. Every manufacturer or trader who sells any goods shall issue
to the purchaser a receipt showing:
a) the date of sale;
b) description of goods sold;
c) the batch number of the product, the original printed
retail price, date of manufacture and date of expiry.
d) the quantity and price of the goods, and
e) the name and address of the seller.
Receipt to be
issued to the
purchaser.
20. Return and refund policy of a seller shall be disclosed to the
buyer clearly before the transaction is completed by means of
assign at the point of purchase.
Return and
refund policy.
PART-V
UNFAIR PRACTICES
21. No person shall make a false, deceptive or misleading
representation that---
a) the products are of a particular kind, standard, quality,
grade, quantity, composition, style or model;
b) the products have particular history or particular
previous use;
c) the services are of a particular kind, standard or quality;
d) the services are provided - by a person having a requisite
skill or qualification or experience;
e) the products were manufactured, produced, processed or
reconditioned at a particular time;
f) the products or services have any sponsorship, approval,
endorsement, performance, characteristics, accessories,
uses or benefits;
False,
deceptive or
misleading
representation.
g) the products are new or reconditioned or have been in use
for a particular period of time only;
h) the seller or producer of products or provider of service
has any sponsorship, approval, endorsement or
affiliation;
i) the products or services are necessary for somebody's a
well-being.
j) concerns the existence, exclusion or effect of any
condition, guarantee, right or remedy; and
k) concern the place of origin of products.
22. (1) No person shall advertise promotion of services through
lottery or attracting the consumers for additional expenditure by
way of reward or award in lieu thereof except for the charges for
his original product.
a) does not intend to offer for supply; 0r
b) does not have reasonable grounds for believing that
they can be supplied at the price for a period that is,
and in quantities that are, reasonable having regard to
the nature of the market in which the person carried
on business and the nature of the advertisement.
(2) Any person who has advertised products or
services for supply at a specified price shall offer such products
or services, for supply at that price for a period that is, and in
quantities that are reasonable having regard to the nature of the
market in which the person carriers on business and the nature
of the advertisement.
Prohibition on
bait
advertisement.
PART-VI
THE POWERS OF THE AUTHORITY
23. (1) Any person may file a complaint for violation of the
provisions of sections 11, 16, 18 and 19 before the Authority
who, on being satisfied that such is the case, fine the violator that
may, extend to fifty thousand rupees and which may be
recovered as arrears of land revenue.
(2) The Authority may file a claim for declaring a
product defective under section 4, 5, 6, 7, or 8, or service as
faulty or defective under section 13 without proof of any damage
actually suffered by a consumer but likely to be suffered keeping
in view the general standard of that service.
(3) The Authority may file a claim before the
Consumer Court for declaring any act on the part of any person
as being in contravention to Part IV of this Act without proof of
any damage actually suffered but likely to be suffered due to the
said contravention.
(4) The Authority on receipt of a complaint or a
Powers of
Authority.
reference from the Consumer Protection Councilor or on his own
motion may hold an inquiry as to defects in products or services
or practices which contravene any of the provisions of this Act.
No prior notice shall be required to be given to a manufacturer or
provider of services for the 'purposes of holding an inquiry.
(5) The Authority, while holding an inquiry, may
direct the police or any other officer or Authority of Government
to gather such evidence as it deems necessary or to perform
function in accordance with the law which have an
impact on the inquiry.
(6) The Authority may, delegate its any Powers
conferred on him by or under this Act shall, in relation to such
matters and subject to such conditions, if any, as may be
specified in the direction, be exercisable also by such Officer or
authority subordinate to him or subordinate to Government as
may be specified in the direction; and may at any time revoke or
vary such a delegation.
Provided that no such delegation shall be deemed to divest the
Authority of all or any of his powers, duties or functions and he may if
he thinks fit exercise such powers, duties or functions, notwithstanding
the fact that he has so delegated them.
(7) Any person aggrieved by the order passed under
sub-section (1) may file an appeal before Government within
thirty days of such order.
24. (1) Government may, by general or special order and subject
to such conditions as may be prescribed, exercise all or any of the
powers conferred upon the Authority under this Act except the
power of imposition of fine under section 23( 1).
(2) Government may, by General or Special order and
subject to such conditions may be prescribed delegate its powers
to Minister In-charge and Secretary, Supply and Prices
Department.
(3) Government by notified order delegate all or any powers of
the Authority in relation to such matters and subject to such
condition, if any as specified in the notification be exercisable
also by such officer subordinate to it and may at any time revoke
or vary such delegation.
Provided that no such delegation shall deem to divers the
original authority of all or any its power, duties, functions
mandated under this Act.
Powers of
Government.
PART-VII
CONSUMER PROTECTION COUNCIL
25. (1) Government shall set up a Consumer Protection Council in
the Province.
(2) Government may set up Consumer Protection
Consumer
Protection
Council.
Councils in all districts which shall, report to the Provincial
Consumer Protection Council.
(3) The Consumer Protection Councils shall have such
other functions as may be designed to them by Government by
notification in the official Gazette.
(4) The Provincial Consumer Protection Council shall
gather such information and data as may be necessary in order to
remove unreasonably dangerous products and faulty and
defective services from trade or commerce with the approval
provided by Government.
(5) Each Consumer Protection Council shall have an
adequate representation of consumers and associations of trade,
industry and service, as the case may be, duly registered under
the law for the time being in force: provided that the
representation of consumers on the Council, other than any exofficio
members, shall not be less than fifty percent of its total
membership.
PART-VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF
CONSUMER COURTS
26. A claim for damages arising out of contravention of any
provisions of this Act shall be filed before a Consumer Court set
up under this Act.
Filing of
Claims.
27. (1) Government shall, by notification, establish one or more
separate Consumer Courts in each District to exercise
jurisdiction and powers under this Act.
(2) A Consumer Court shall be presided over by a
Judicial Magistrate.
(3) The terms and conditions of service of Judicial
Magistrate appointed under sub-section, (2) shall be such as may
be prescribed.
Establishment
of Consumer
Courts.
28. Subject to the provisions of this Act, the Consumer Court
shall have jurisdiction to entertain complaints within the local
limits of whose jurisdiction-
(a) the defendant or each of the defendants, where
there are more than one, at the time of filling of the
claim, actually and voluntarily resides or carries on
business or personally works for gain; or
(b) any of the difference where there are more than
one, at the time of the filling of the claim, actually
and voluntarily resides, or carries on business, or
personally works for gain: provided that in such a
case the permission is granted by the Consumer
Court or the defendants who do not reside, or carry
on business, or personally work for gain, as the
case may be, acquiesce in such institution; or
Jurisdiction of
Consumer
Courts.
(c) the cause of action wholly or in part arises.
29. (1) A consumer who has suffered damage, or Authority in
other cases, shall, by written notice, call upon a manufacturer or
provider of services that a product or service is defective or
faulty, or the conduct of the manufacturer if service provider is
in contravention of the provisions of this Act and he should
remedy the defects or give damages where the consumer has
suffered damage, or cease to contravene the provisions of this
Act.
(2) The manufacturer or service provider shall within
fifteen days of the receipts of the notice, reply, thereto.
(3) No claim shall be entertained by a Consumer
Court unless the consumer or the Authority has given notice
under sub-section: (1) and provided proof that the notice was
duly delivered but manufacturer or service provider has not
responded thereto.
(4) A claim by the consumer or the Authority shall be
filed within thirty days of the arising of the cause of action:
Provider that the Consumer Court, having jurisdiction to hear
the claim, may allow a claim to be filed after thirty days within
such time as it may allow if it is satisfied that there was
sufficient cause for not filing the complaint within the specified
period:
Provided further that such extension shall not be allowed beyond
a period of sixty days from the expiry of the warranty or
guarantee period specified by the manufacturer or service
provider and if no period is specified one year from the date of
purchase of the products or providing of service.
Settlement of
Claims.
30. Any party to the dispute may, at the pre-trial stage, make a
firm written offer of settlement stating the amount offered for
settlement and if the offer is accepted by the opposing party, the
Consumer Council shall pass an order in terms of the settlement:
Provided that notwithstanding anything constrained in any other
law for the time being in force, the party refusing the offer of
settlement it shall pay actual costs of litigation including lawyer's
fees in case the final order of the Consumer Court is passed
against that party.
Provided further that the Court’s approval regarding settlement
shall be required in the following matters:-
i. claims of a minor;
ii. claims of a legally incapacitated person; and
iii. claims involving collective rights.
Settlement at
pretrial stage
31. (1) The Consumer Court shall, on receipt of claim if it relates
to any productsa)
forward a copy of the claim to the defendant mentioned in
the claim directing him to file his written statement within
a period of fifteen days or such extended period not
Procedure on
receipts or
complaint.
exceeding fifteen days;
b) where the defendant, on receipt of claim referred to him
under clause (a), denies or disputes the allegations
contained in the claim, or omits or
fails to present his case within the time specified, as the
case may be, the Consumer Court shall proceed to settle
the consumer dispute in the manner specified hereafter;
c) where the claimant alleges that products are defective and
do not conform to the accepted industry standards, the
Consumer Court may decide the dispute on the evidence
relating to the accepted industry standard and by inviting
expert evidence in this regard;
d) where the dispute cannot be determined without proper
analysis or test of products, the Consumer Court shall
obtain sample of the products from the complainant, seal
it and authenticate it in the manner prescribed and refer
the sample to a laboratory alongwith a direction to make
analysis or test; whichever may be necessary, with a view
to finding out if such products suffer from any defect and
to report its finding to the Consumer Court within a
period of thirty days of the receipt of the reference or
within such period as may be extended, not exceeding
fifteen days by the Consumer Court; and
e) the Consumer Court may require the claimant to deposit
to the credit of the Consumer Court such fees as may be
specified, for payment to the laboratory for carrying out
the necessary analysis or test and the fee so deposited by
the claimant shall be payable by the defendant if the test
or analysis support the version of the claimant.
(2) The Consumer Court shall, if the claim relates to
any services:-
(a) forward a copy of such claim to the defendant
directing him to file his written statement within a period of
fifteen days of such extended period not exceeding fifteen days
as may be granted by the Consumer Court; and
(b) on receipt of the written statement of the defendant if
any, under clause (a), proceed to settle the dispute on the basis
of evidence produced by both the parties:
Provided that if the defendant does not deny or dispute
the allegations made in the complaint or fails to present his case
within the specified period, the dispute shall be settled on the
basis of the evidence brought by the claimant.
(3) For the. purposes of this section, the Consumer
Court shall have the same powers as are vested in Civil Court
under the Code of Civil Procedure, 1908 (Act V of 1908), while
trying a suit, in respect of the following matters, namely:-
(a) the summoning and enforcing attendance of
any defendant or witness and examining
him on oath;
(b) the discovery and production of any
material object which may be produced as
evidence.
(c) the receiving of evidence or affidavits;
(d) issuing of any commission for the examination
of any matter; or
(e) any other matter which may be prescribed;
(4) Every proceeding before the Consumer Court shall
be deemed to be a judicial proceeding within the meaning of
sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV
of 1860) and section 195 and Chapter XXXV of the Code of
Criminal Procedure, 1898 (Act V of 1898):
Provided that the personal presence of the claimant
before the Consumer Court shall not be required till the defendant
has put up appearance before it.
(5) The Consumer Court shall decide the claim within
six months after the service of summons on the respondent.
32. If, after the proceedings conducted under this Act, the
Consumer Court is satisfied that the products complained against
suffer from any of the defects specified in the claim or that any or
all of the allegations contained in the claim about the service
provided are true, it shall issue an order to the defendant directing
him to take one or more of the following action; namely:-
a) to remove defect from the products in question;
b) to replace the products with new products description
which shall be from any defect;
c) to return to claimant the price or, as the case may be, the
charges paid by the claimant;
d) to do such other things as may be necessary for adequate
and proper compliance with the requirements of this Act;
e) to pay reasonable compensation to the consumer for any
loss suffered by him due to the negligence of the
defendant;
f) to award damage where appropriate;
g) to award actual costs including lawyer's fees incurred on
the legal proceedings;
h) to recall the product from trade or commerce;
Order of
Consumer
Court.
i) to confiscate or destroy the defective product;
j) to remedy the defect in such period as may be deemed fit;
or
k) to cease to provide the defective or faulty service until it
achieves the required standard.
33. (1) Where a manufacturer fails to perform or in any way
infringes the liabilities provide in sections 4 to 8, 11, 13, 14, 16,
18 to 22, he shall be punished with imprisonment which may
extend to two years or with fine which may extend to hundred
thousand rupees or with both in addition to damages or
compensation as may be determined by the Court.
(2) Where a defendant or, the claimant fails or omits to
comply with any order made by the Consumer Court, such
defendant or the claimant shall be punishable with imprisonment
for a term not less than one month which may extend to three
years, or with fine not less than fifty thousand rupees which may
extend to two hundred thousand rupees or with both.
Penalties.
34. Any person aggrieved by any final order of the Consumer
Court may file an appeal in the Sindh High Court within 30 days
of such order.
Appeal.
35. Every order of the Consumer Court, if no appeal has been
preferred against such order under the provision of this Act, shall
become final.
Finality of
order.
36. Where a claim is found to be frivolous or vexatious, the
Consumer Court shall dismiss the claim and impose fine on
the claimant upto an amount not exceeding ten thousand rupees
for having willfully instituted a false claim and shall award
appropriate compensation to the defendant from the amount of
fine so realized.
Dismissal of
frivolous or
vexatious
claims.
PART-IX
MISCELLANEOUS
37. All agencies of Government shall act in aid of the
Consumer Court in the performance of its functions under this
Act.
Aid to the
Consumer
Court.
38. No suit, prosecution or other legal proceedings shall lie
against any functionary under this Act, acting under the direction
of the Consumer Councilor Government for anything which is
in good faith done or intended to be done under this Act.
Immunity.
39. Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Act.
Power to make
rules.
40. If any difficulty arises in giving; or effect to any of the
provisions of this Act, Government may make such order, not
inconsistent with the provisions of this Act, as may appear to it
to be necessary or expedient for removing such difficulty.
Power to
remove
difficulties.
_______
BY ORDER OF THE SPEAKER
PROVINCIAL ASSEMBLY OF SINDH
G.M.UMAR FAROOOQ
SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
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