Role of Consumers Laws in Civil Society

Role of Consumers Laws in Civil Society

By

S.J. Tubrazy

            Social scientists are agreed on this approach of customary unconscious struggle of the society always synthesis of basic foundation of cognizant principles. This century is called the century of civil society and civilization, the journey of a society to civilization is the journey of natural laws and principles of equity.

            Before the recent modern age the principles of caveat emptor was relied upon but this could not further hinged on in this modern age or civilization as it was the negation of the natural law and the principle of equity. In many developed and in developing countries like India the consumers laws are recognized the essentials of civil society as consumer laws existed there since 1986.

             The national and multinational companies, which manufactured and provide sophisticated modern electronic accessories and services, although are in the eye of law as person as individual person in the society but they can’t be compare to the individual person as they hold rich resources and capital and apparently the individual person is feel meager in compare to the companies, on the other side scientific inventions and electronic accessories which are also necessary for modern life and services by service providers which are also very complex in nature and sophisticated in procedure can’t be scrutinized and properly checked by consumer at the time to buy the products or hiring the services, comparatively manufacturer or service provider can’t be free from obligation if there is any defect in products or services.

            Due to the increasing problems of consumers The Punjab Consumer Protection Act 2005 has been enacted. Now the principle of Caveat Emptor has been practically existed no more and new principle has been introduced in the civil society “Seller Beware’.

            Punjab Consumer Protection Act 2005 provides many rights and privileges to the consumers as it has adopted very broad definition of consumer in the act to array the existence of consumer in any form even to the extent of user of any product whatsoever but where the services are concerned which are on the basis of agreements are excluded from the array of consumer. The definition of manufacturer is very interrelated to the consumer definition in the act as “Who is in the business of manufacturing a product for trade or commerce, owns a product or presents himself as the manufacturer of the product, a seller, assembles a product, and is a seller of a product of a foreign manufacturer and assumes or administers warranty obligations of the product.

In the Act liabilities of defective products or the defective services have been created on the manufacturer and the service providers  even manufacturer and service provider shall be liable to the consumer for damages caused by a characteristic of the service or product that render the them defective,

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.

A provider of services shall be liable to a consumer for damages proximately caused by the provision of services that have caused damage.

In Section 18 and 19 the obligations of manufacturer in relating to the price catalogue and issuing of price receipt have been specifically mentioned;

 Upon violation of any provision provided in the Act by the manufacturers or the service providers a claim of damages can be file in the District Consumer Court without any court fees established under PCPA 2005 and salient feature among the others is the `Consumer Court shall decide the claim within six months.

By: shahid jamal tubrazy

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