-to promote and protect consumers’ rights
The long-awaited Consumer Affairs Bill 2011 was on Thursday tabled for its first reading in the National Assembly by Finance Minister, Dr. Ashni Singh, in the absence of Minister of Tourism, Industry and Commerce, Manniram Prashad.
The bill provides for the promotion and protection of the interests of consumers in relation to the supply of goods and services, and renames the Competition Commission as the Competition and Consumer Affairs Commission, which will administer the Competition and Fair Trading Act 2006, as well as the Consumer Affairs Act when it becomes law.
According to the bill’s explanatory memorandum, it is based on an earlier version of a Consumer Protection Act of 2006, which was not enforced. This draft, however, goes far beyond the scope of that Act.
The bill imposes on suppliers, duties such as giving consumers information about various goods, providing measuring equipment that meets the standards imposed by law for use by consumers when selling goods and services, issuance of receipts and explicit warranties to consumers, compensation for damage, replacement and repairs in the case of defective goods, refunds for goods and services different from those requested, and accuracy with regard to claims for payment and installments by consumers.
It also bans a wide range of misleading practices in relation to the supply and delivery of goods and services. These include false and misleading information about certain goods, and advertising goods at a particular price and selling at another price.
The Bill establishes safeguards for consumers when entering contracts for goods and services by means of distance communication, including electronic means, mail order, and house-to-house selling.
The Competition and Consumer Affairs Commission is empowered, with the approval of the minister, to make regulations binding in law, an industry, trade or profession, and all participants into its code. Once this is done, non-compliance by the industry, trade, or profession subject to the regulation constitutes a breach.
Penalties are imposed for the breach of any provision of the Act; this may range from $20,000 to $1,000,000, and up to one year imprisonment.
(GINA)