The Need For Consumer Protection Law Essay

Globally, there are Torahs refering to all types of differences including the Torahs protecting the populace against fraud refering ware are prehistoric but the passage of consumer protection Torahs started about 50 old ages ago under the influence of consumer protection motion and accordingly consumer protection programme ( Law Reform Commission, Mauritius, 2010 ) . To discourse the Consumer Protection one must be cognizant who is consumer. Consumer in general indicates the individual who pays money for services of trade goods. As per the Consumer Protection jurisprudence published by Ministry of Economy, the Consumer is “ Anyone who attains any Goods or Services, with or without a return in order to fulfill his personal or others demands. ” The article in The Times 100 under the name of consumer protection published in 2011, provides the information that there are statutory rights of the consumers are Right to take, Right to informed, Right to safety, and Right to kick. In the Consumer Protection Law of UAE 24/2006, there are rights of the consumers which are The Right to Safety, The Right of entree to Information, The right to Choose, The Right to hear the sentiment of the Consumer, The Right to a Clean Environment, The Right of Health Care, The Right of Compensation and The Right of Education.

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There are different Torahs protecting the consumers in each state. Some of the Torahs globally celebrated are:

The Sale of Goods Act Sets out those goods must be: ‘of satisfactory quality ‘ ‘fit for the intent ‘ for which they are intended by the marketer.

The Trades Descriptions Act Sets out those goods must be as described. The description provides portion of the contract between the purchaser and marketer.

The Weights and Measures Act Sets out to do certain that consumers get the weight or step ( e.g. for liquids ) that they are offered

The Consumer Protection Act Provides for liability for harm by faulty merchandise

There are a figure of organic structures that have been set up to protect consumers in each state. These establishments carry out trials on scope of merchandises and print the classs of the criterions being maintained. In all states every merchandise or service that is bought and sold must run into criterions. These criterions include legal demands such as those under the Sale of Goods Act, every bit good as those created by standardizing organic structures.

UAE has good established Torahs and The Consumer Protection Department of the UAE Ministry of Economy has been established to safeguard the involvements of shoppers. The duty of the section is varied but most common which impact the population at big is fluctuation in monetary values. The premier responsibility of this section is to paths and regulates retail monetary values and has rejected planned monetary value additions for staple goods. The section came out with scheme to present the forum wherein the consumers can do the written ailment. ( The Consumers utilizing the computing machines can use the services of the website www.economy.ae, send an electronic mail to consumer @ economy.ae, or name the free phone hotline for the said ailment ) ( Explorer, 2010 )

1.13 ( vitamin E ) Consumer Protection Law Federal jurisprudence no. 24 of 2006 concerns consumer protection. The jurisprudence called for the puting up of a particular commission to be known as the Higher Committee for Consumer Protection under the chairmanship of the Minister of Economy. Two representatives from the Emirates Society for Consumer Protection are to be included among the commission members. The Cabinet is to publish a decree to put up the commission and find its privileges. It will besides publish a edict for the puting up of a Consumer Protection Department at the Ministry of Economy and ordain a jurisprudence giving the Minister the power to take the necessary action to halt any unneeded monetary value hikings and to protect the involvements of consumers.

The new jurisprudence protects the rights of consumers in the market by giving them full freedom in doing a pick and returning or replacing defective points, every bit good as other rights safeguarded by the new jurisprudence. The Ministry of Economy is puting up a particular section to oversee the general policy on the protection of consumers and modulating monetary values. The section will besides guarantee just competition in the market and will team up with other concerned organic structures to guarantee consumer consciousness. The new section will make so by educating consumers about their rights and how to procure those rights. It will besides put up a hotline in the ministry to have ailments from consumers. The jurisprudence states that trade goods put on shelves for sale must hold tickets clearly exposing monetary value. The jurisprudence re-afi¬?rms federal jurisprudence no. 18 of 1981 and its amendments which deal with the organising of commercial bureaus in a manner that every commercial agent or distributer must give all the necessary warrants that manufacturers or commercial agents give on their trade goods

THE AUTHORITY CONCERNED WITH IMPLEMENTATION

The commission is proposed to implement the ordinances related to consumer protection. The federal jurisprudence is under the Ministry of Economic and it is proposed to organize an independent section called as a new Consumer Department ( CPD ) , and the duty of the new policies will be of CDP. Though the CPD is under the Ministry of Economic but being an independent section it will straight implement the new ordinances proposed by the Higher Committee for Consumer Protection.

The Article ( 2 ) of the Consumer Protection Law 24/2006 of UAE there is compulsory constitution of the Supreme Committee for Consumer Protection which will be chaired by the Minister. The commission will besides hold member ‘s representatives from the Consumer protection societies. The Article ( 3 ) empowers the Minister, based on the recommendations of the Committee to originate necessary stairss. For illustration in instance of any crisis or unordinary fortunes in the market if there is unfavorable addition in the monetary values, the Minister, based on the recommendations of the Committee shall take the necessary processs to restrict this addition and to protect the Consumers ‘ involvements. To acquire the determination implemented the Executive Order of this jurisprudence shall stipulate the rules and the processs to specify the unnatural addition in Monetary values and the monopoly cases every bit good as the agreements which shall be taken in this respect.

The clauses in the Act are confirmed by the first meeting held in Dubai during 2010, wherein the commission discussed steps associating to pull offing nutrient monetary values, and the latest updates on the early qui vive system and the Ministry ‘s of wellness study about energy drinks and the illegal service charge levied by some eating houses in the UAE. The execution of the determination was reviewed by the participants for the consumer protection on the service charge added to measures in eating houses and coffeehouse, which was implemented on February 1, 2010 in all eating houses and coffeehouse in the Emirates. During the execution, The Ministry of Economy and local sections imposed mulcts on wrongdoers and it is achievement that 95 to 98 % of the eating houses and coffeehouse in the UAE have implemented the determination. The execution is got done by the Chairperson after determination in the commission as per Article 3 of the Consumer Protection Law. A The commission besides discussed the economic impact of fish production and ingestion in the UAE. The Ministry of Economy decided during the first meeting to carry on a joint survey with the Ministry of Environment and Water to turn to the issue and heighten fish production. A The ministry besides recommended edifice refrigerated and frozen warehouses to increase the stock of fish, modulate the supply and demand, and keep monetary value stableness. The execution is got done through the Chairperson who is a Minister puts duty on him and consequently the Ministry of Economy has arrangedA A several meetings with imposts sections and other local sections to beef up cooperation and exchange proficient information and information on monetary values of nutrient trade goods. A In the future meetings the Committee besides presented a study on auto bureaus and the attempts undertaken by the Ministry to cover with the issue of fabrication defects for autos. The ministry held extended meetings with auto agents in the UAE to discourse the jobs faced by consumers and developed appropriate solutions, as per Federal LawA A No. 24 of 2006 of consumer protection. A

THE KEY RESPONSIBILITIES OF CPD

The section will hold the cardinal duty of the section will be mandate to oversee the executing of general policy for the protection of the consumer in cooperation with the concerned governments. To collaborate with other governments to avoid unjust trade patterns. Monitor the monetary value motion and do non let Sellerss to bear down higher during addition in demand.

Based on the publication of the Ministry of Economy, UAE, the section of Consumer Protection covers the following countries under Article no. ( 4 ) of the Federal Law No. 24/2006:

To guarantee the proper execution of the General Policy to protect the consumer.

To organize and collaborate with the concerned governments in UAE to cover with unjust patterns.

To rouse the consumers about their rights and steer them for the claim. To convey consumer consciousness amongst the users.

Monitor the monetary value motions lessen the addition.

To take action to counter monopoly counter steps.

To go to to consumer ailments taking necessary action and forwarding to concerned governments.

CONSUMER RIGHTS AS STATED IN SAID Law

The Ministry of Economy initiates stairss to guarantee that consumers are cognizant of their rights and methods for claim of the amendss.

The right to safety

The consumer right to safety is huge and it applies to the ingestion forms and to all goods and services. The market has for long made consumers believe that by devouring packaged nutrient or mineral H2O, consumers can safeguard their wellness. This impression has been proved incorrect clip and once more due to rampant nutrient debasement in market merchandises. Right to nutrient safety is an of import consumer right since it straight affects the wellness and quality of life of consumers. For case, the cocoas or sirups we consume, may be manufactured in states every bit far as the U.S. or Australia ( Wilson, 2008 ) .

Consumers in UAE would hold no control over or cognition of the fabrication patterns of those states and will hold to trust wholly on import ordinances of the Indian authorities and nutrient labelling. This makes the consumer right to safety a really of import and critical issue for consumers. In position of this providers once were apt sing the safety and security of their merchandises as dictated by jurisprudence but at this occasion providers will hold the full duty to back merchandises designs that are safely compatible with the different conditions of usage by the consumer.A The merchandise is non merely reviewed from legal angle but besides through its public presentation bearing societal duty towards consumers.

The Right to be informed

Meanss right to be informed about the quality, measure, authority, pureness, standard and monetary value of goods so as to protect the consumer against unjust trade patterns. Consumer should take a firm stand on acquiring all the information about the merchandise or service before doing a pick or a determination. This will enable him to move sagely and responsibly and besides enable him to abstain from falling quarry to high force per unit area selling techniques. This will supply protection against commercial fraud, misrepresentation and deceptive advertisement and information on points ‘ screens and bundles.

There was besides a contention about how Nike shoe company was utilizing perspiration labor in South Asiatic states, paying its workers terribly low rewards for fabrication places. Similarly, there was a ‘McLibel ‘ instance against McDonald ‘s avering that Mc Donald ‘s generated a batch batch of unwanted waste due to its inordinate packaging and harmed the environment. UAE based on WTO concern with set uping an efficient and competent information system which provides consumers with equal information that help them do right picks, every bit good as protecting them of misdirecting advertizements and information stated on points labels sometimes is categorised every bit Right to Information.

The right to take

Right to hold multiple options of points and services in competitory monetary values and quality is called Right to Choose. The market offers broad assortments of the same merchandise. There is possibility that more assortments of the same merchandise merely encourages false advertisement claims and give the consumer a false sense of pick ( Wilson, 2008 ) . Assorted sorts of shampoos, soaps, and other cosmetics differ simply in coloring material, odor and trade name image. By authorising the consumer with this right, it gives them chance to take different types of merchandises at competitory monetary values. Furthermore, when there is no pick of merchandises or the consumers are non given right to take, the market will be dominated by sellers ‘ monopoly.

The Right to be heard

This right provides the consumers to voice their sentiments and grudges at appropriate topographic points. In instance of the consumer being cheated and deprived of the right quality of service, the sentiment demand to be heard and given due attending by the governments. Consumers should besides hold a right to voice their sentiment when regulations and ordinances refering to them are being formulated, like the recent amendments in the Consumer Protection Act. There should be no system that consumer should be careful and sellers merely sell the goods. This right ensures that the wants of consumers are reflected suitably in the preparation of trade policies of the UAE every bit good as in concern organisations. It is besides in line with understanding with WTO policies. The Right to heard is to show sentiments to develop the goods, services, monetary values and handiness.

The Right to Enjoy Clean and Healthy Environment

Consumers need to be protected from the upseting impacts of air, Earth, and H2O pollution which may ensue from the public presentation of day-to-day market place operations. They have the right to populate and work in an environment that does non endanger the wellness at present and future coevalss. There is turning planetary attending to environmental issues and the factors that are considered to be polluting beginnings have made manufacturers, sellers, sellers and determination shapers realize the negative effects of certain goods. In position of this there is great demand for Environment protection as a footing to accomplish societal duty. It should be noted that this means the right of present and future coevalss to populate and work in a healthy environment which is pollution & A ; riskless.

The Right to Satisfy the Basic Needs

This right empowers the consumers to hold entree to basic indispensable goods and services ; equal nutrient, vesture, shelter, wellness attention, instruction and sanitation. The events like kid labors are societal issues and to forestall them to go societal immoralities there is demand for the consumers to utilize the right of safety of basic demands. There is demand for the Governments to supply suited employment chances that grant persons opportunities to bask life and do them interact more positively with others. This right entailsA consumers to obtain indispensable goods and services, such as nutrient, vesture, shelter, instruction and wellness care.A

The Right of Compensation

The right to a just colony of merely claims, A it includes the right to have compensation for deceit or cheapjack goods or unsatisfactory services. It will enable the consumers to hold colony of their legitimate demands such as compensation for misleading, defective goods or unsatisfactory services. This necessitates the proviso of sound after-sale services as per warrant understandings. Consumers are afforded an chance to hold a hearing to voice dissatisfaction such that a declaration is reached and the ailment is settled in full and concluding.

The Right of Education

Consumers are extended the right to go oning consumer instruction that supports the benefits and enjoyment of other specific rights. Consumers have the right to some signifier of preparation and command of cognition and accomplishments needed to do informed determinations in the market place. Ministry of Economy has encouraged the consumer protection by

Establishing educational and developing programmes to guarantee this right for consumers.

Number of limited-income persons through the development of preparation and consciousness programmes designed particularly for them.A

Mainstreaming the civilization of doing clients cognizant of their legitimate rights usig all available methods at all degrees of instruction

The consumers have the right to cognize the accurate information refering the goods and services ( antique: original merchandises, for nutrient to advert termination day of the month & A ; ingredients, others ) . The consumer has the right to hold multiple options of points and services in competitory monetary values and quality. The consumer has the right to show sentiment about the monetary values and handiness.

SELLER ‘S RESPONSIBILITIES

The marketer has the duty to supply consumers with accurate information about the good and services. The marketer will do refund and ready to replace the faulty goods and uncomplete services etc. The marketer has the duty for labelling the merchandises for the day of the month of termination and contents. Seller has the duty to vouch service quality for the specific period of clip.

THREE EXAMPLES AS INFRINGEMENTS TO CONSUMER PROTECTION LAW

If any marketer or maker manipulates or returns to pull strings human or carnal grocery, drugs, agricultural harvests, natural merchandises or any other stuffs made for sale, and who launches or offers them for sale. The penalty is aggravated when such stuffs are harmful to human or carnal wellness.

If the maker diminution to supply the inside informations of the procedure description of the goods. The consumers have the right to bespeak to behaviors molecular, physiological, chemical, radiation andA microbiological lab analysis of nutrient merchandises.

Fabrication of bogus goods and goods doing injury to human or animate beings will be infringement.

Give LAST AMENDMENT TO THE Law

The UAE has implemented the consumer protection with the sign language by the President HH Sheikh Khalifa bin Zayed Al Nahyan of federal jurisprudence no 24 of 2006. The jurisprudence calls for the puting up of a particular commission to be known as the “ Higher Committee for Consumer Protection ” under the chairmanship of the Minister of Economy. The jurisprudence is amendment of the Federal Law no. 18 of 1981 sing the Regulation of Trade Agencies and the amending Laws thereof ; and the Penal Procedures Law issued by Federal Law no. 35 of 1992 and the amending Laws thereof.

PROTECTION OF THE CONSUMER IS A NATIONAL RESPONSIBILITY

It is the duty of the regnant Government and disposal to look after the populace. This is the ground that the Government has started run to raise consciousness of the Consumer Rights Federal Law ( 24 ) 2006. This will promote the A?Be Right cognize your Consumer Rights. This debut of this jurisprudence has paved the manner for consumers and retail merchants likewise to run within a model which will merely profit both groups with really clear guidelines on both retail merchants and consumers rights and duties. The Dubai DED is the lone authorities section dedicated to raising consciousness of consumers ‘ and retail merchants ‘ rights and duties and through the Commercial Compliance and Consumer Protection Division, the Department will besides cover with any relevant differences. However, the Government can merely implement the ordinances if there is full support from the consumers all over the state.

Decision

To protect the consumers UAE passed the Act 24/2006 and the act mandates the formation of Supreme Committee which includes the members from consumer protection societies besides. The Act includes consumer codification of rights, marketer ‘s duties, The Act has been sub divided in Articles and there are Articles for Penalties for hedging the Act. The rights of consumers and the execution thereof form portion of the Act. The benefits of the Act will be advancing competition and just trade. It will profit consumers, retail merchants, concern and community. The consciousness of the consumer rights, consumer duties and colony of differences are the focal issues. The most of import characteristic of the instance survey is the Implementation. The duty of the execution is empowered to the Chairperson of the commission.

The benefits of the Act are seen in the studies in the instance of Americana AED 10,000 for misdemeanor of the Act and increasing its fast nutrient monetary values. TheA Ministry of EconomyA remains argus-eyed in protecting local consumers. It late penalized around 41 retail mercantile establishments for increasing monetary values during Ramadan. Its Supreme Committee for Consumer Protection besides late rejected programs to raise the monetary values of fast nutrient repasts, rice and cement.

Dubai Department of Economic Development ( DED ) launched the ‘Be Right cognize your Consumer Rights ‘ run in February, 2010. The chief intent is to do consciousness to retail merchants and consumers about the Consumer Rights Law. The Consumer Code of Rights were issued under UAE Federal Law ( 24 ) 2006 by the Ministry of Economy. DED ‘s Commercial Conformity and Consumer Protection Division, has been charged with the duty to guarantee that consumers and retail merchants likewise comply with the Consumer Code of Rights, understand their duties and, where declaration is sought, facilitates this procedure between retail merchants and consumers.