DISPARITY IN CONSUMER PROTECTION
LAWS IN PAKISTAN

By
SYEDA SAIMA SHABBIR
L.L.M Corporate Law
Research and Reference Officer
Supreme Court of Pakistan
syeda_saima@yahoo.com

Consumers are the most vulnerable class of people in Pakistan, partly because of lack of proper understanding of their rights and legal remedies; and partly, the disparity in the Consumer Protection Laws in vogue in the Federal capital and all the four Provinces i.e Punjab, Sindh, Baluchistan and Khyber Pakhtoonkwa. Consumer protection laws in any developed country aim inter alia at promoting fair trade competition, flow of truthful information in the marketplace, sale of standardized commodities, goods and edibles and plenary provisions for consumer courts so as to provide prompt and fair dispensation of justice. Presently, the Islamabad Capital Territory as well as all the four Provinces has their respective Consumer Protection statutes namely the Islamabad Consumer Protection Act 1995, the N.W.F.P Consumer Protection Act 1997, the Balochistan Consumer Protection Act 2003, Punjab Consumer Protection Act 2005 and the Sindh Consumer Protection Ordinance 2007. There is no homogeneous consumer protection hierarchy for the redressal of consumer’s grievances as all the five statutes invest the original and appellate jurisdictions in different judicial and executive authorities. The Islamabad Consumer Protection Act 1995 under Section 6 empowers the ‘Authority’ i.e. the Court of Sessions to entertain complaints; and the High Court exercises appellate jurisdiction under section 10 of the Act. The N.W.F.P Consumer Protection Act 1997 does not specifically mention for the establishment of separate Consumer Courts in the Province; however, under section 14 of the Act, the ‘Authority’ i.e. District Magistrate and a Magistrate may entertain complaints pertaining to consumer protection issues. Section 17 of the said Act invests the Court of Sessions with the appellate jurisdiction against the orders of the Authority or the Magistrate as the case may be. In Balochistan, Section 12 of the Consumer Protection Act 2003 pertaining to the establishment of Consumer Court requires the same to be presided over by a Judge or a Judicial Magistrate; while under section 18 of the Act the appeal may lie to the Sessions Court or the High Court. The Punjab Consumer Protection Act 2005 provides for the establishment of the Consumer Court under Section 26, to be presided over by a District Judge and the Lahore High Court has got the appellate jurisdiction under section 33 of the Act. The Sindh Consumer Protection Ordinance 2007 under section 17 speaks of the establishment of Consumer Tribunals to be presided over by an Executive District Officer (Revenue) or a person qualified to be appointed so. The orders of the Consumer Tribunals are appealable to the District Coordination Officer under section 24 of the Act.

All the five consumer protection statutes also make provisions for the establishment of the Consumer Councils; of which the members are taken from the executive and the proceedings of these councils are exempt from judicial scrutiny. The composition, powers and functions of these Councils differ from province to province. Moreover, the scope of rights and liabilities of sellers and buyers also differ. This disparity in the exercise of original and appellate jurisdiction has given rise to nothing except frequent violations of consumer rights in Pakistan.

The developed countries of the world including Germany, UK, US, China and Australia have placed the issue of consumer protection at their top priorities , however, in Pakistan, even the Federal legislative List of Fourth Schedule of the Constitution 1973, makes no mention of this important subject. All these countries have their respective Consumer Rights Commissions implementing strong consumer protection laws for the ultimate benefit of their citizens and bloom of economy. In Pakistan despite promulgation of the Competition Act 2010 and the establishment of the Competition Commission of Pakistan, no substantial improvement has been noticed in the standard of products available in the markets including commodities and edibles. Conversely, a non-government Consumer Rights Commission of Pakistan (CRCP) established in 1998 and registered under the Trust Act, 1882 , is contributing voluntarily through consumer rights awareness, research and devising mechanisms for bringing necessary reformation in the consumer protection field.

A consumer court being a special court requires administration of justice under the auspices of the judiciary and not the executive; however, the executive authorities are still exercising their control in this hierarchy and the consumers’ rights are being violated without impunity. The independence of judiciary which is an essential feature of the Constitution of Pakistan 1973, demands that all special courts and tribunals should be placed under the control and supervision of the judiciary. Moreover, the National Judicial Policy 2009, specifically addressed this issue and a clear direction was made to the Federal/ Provincial governments for making necessary amendments in the relevant laws to this effect; however, the domain of consumer justice is still partly under the control of executive authorities. It is the need of the hour that a proper and homogeneous judicial hierarchy comprising of special subordinate consumer courts at district level under the exclusive control and supervision of the High Courts and the Supreme Court of Pakistan should be set up; after bringing necessary amendments in the consumer protection statutes in line with the UN Guidelines for Consumer Protection 1985and at par with the consumer protection laws of the developed countries.

References:

The Baluchistan Consumer Protection Act, 2003.

The Competition Act, 2010.

The Constitution of Pakistan, 1973.

The Islamabad Consumer Protection Act, 1995.

The National Judicial Policy 2009.

The N.W.F.P Consumer Protection Act, 1997.

The Punjab Consumer Protection Act, 2005.

The Sindh Consumer Protection Ordinance 2007.

The Trust Act, 1882.

The United Nations Guidelines for Consumer Protection 1985.