The NWFP government is likely to amend consumer protection law to pave the way for appointment of price checking magistrates in all districts of the province, official sources told Business Recorder on Friday.
In the current law, North-West Frontier Province Consumers Protection Act 1997, NWFP Act No VI of 1997 and the amended Act of 2005, adopted by the provincial assembly in 2005, establishment of consumer magistrates at district level is provided.
The provincial government had established consumer magistrates courts and consumer protection councils at both district and provincial levels in the province, which consist of chairman and other members of the bodies from all stakeholders including government officials and consumers' associations.
The councils are responsible for formulation of policies for the promotion and protection of the rights of consumers, fair and honest trade practices by the manufacturers, producers and suppliers of goods and services in relation to interest of consumers and their effective implementation.
For promotion and protection of the interests of consumers, the councils co-ordinate between government, manufacturers, producers, suppliers and consumers. All persons, bodies or organisations, both official and non-official, comply with the directives of the council and extend help in advancement of its objects and functions.
Under the Act, the police and local government department and other agencies would work in aid with the authority for performing the function. The consumers and consumers' associations were required to submit complaints regarding substandard quality and exorbitant prices of the goods with the committee, while the consumers' courts were for starting proceedings in such cases.
Under the law, the committees would get the laboratory tests carried out of the food and other goods. However, the complainant consumer has to pay the expenses on such kind of laboratory tests. However, the fee so deposited by the complainant would be recovered from the manufacturer, producers and suppliers in case the test support the complainant's version and paid to the complainant.
Although, the magistrate of the consumers' court have been given the same powers and authorities as are vested in civil court under code of Civil Procedure, 1908 (V of 1908) while trying a suit in respect of the matters of the summoning and enforcing attendance of any defendant or witness and examining them on oath, the discovery and production of any document or other material object producible as evidence etc. However, it was remaining short of conducting raids on bazaars to check the price lists of the shopkeepers.
The purpose of the amendment in the law is to minimise burden on the consumers to file complaints and then proved them in the court of law. The amendment would pave way for the appointment of price checking magistrates in all districts, who will raid bazaars to fine and punished profiteers on the spot.
In the prevailing law, the consumer magistrate under section 10 of the Act can award punishment up to two years imprisonment, or with fine which may extend to Rs 50,000 or with both and shall also be liable to provide such compensation/ relief as may be determined by the authority or magistrate.
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