Rights and responsibilities of the consumer
AS THE holiday season is upon us, the Competition and Consumer Affairs Commission (CCAC) wishes all consumers a season blessed with joy, peace and eternal hope.
The Commission takes this opportunity to remind consumers of their rights and responsibilities, as well as to encourage businesses to honour their responsibilities in the provision of goods and services that are beneficial to the consumer market. Our economy is dependent upon a sound relationship between consumers and businesses, which results in sustained development.
The C.C.A.C. is comprised of two sections, namely: The Competition Policy Unit and The Consumer Affairs Unit. This article is representative of the latter. The official mandate of the Consumer Affairs Unit is executed through the application of the Consumer Affairs Act 2011. This Act asserts the rights and responsibilities of consumers, inclusive of apprising the business community of the legal parameters governing the underpinnings of all commercial activities relative to consumer protection.
The Consumer Affairs Unit is focused on educating consumers of their rights and responsibilities.

CONSUMER RIGHTS

Right to safety: Consumers have a right to be protected against marketing of goods which are injurious to health and life. As a consumer, if you are conscious of this right, you can take precautions to prevent injury. If injury is caused in spite of precaution, you have a right to complain against the dealer, and claim compensation.

Right to be informed: Consumers have the right to be informed about the quantity, quality, purity, standard or grade, and price of the goods available, so that proper choices can be made before buying any product or service. Also, where necessary, the consumer must be informed about the safety precautions to be taken while using the product, to avoid loss or injury.

Right to choose: Every consumer has the right to choose the goods needed from a wide variety of similar goods. Consumers need to remain wary of pressure tactics used by traders and dealers to sell goods of poor quality. In addition, consumers may find themselves inadvertently swayed by advertisements. These possibilities can be avoided if consumers are conscious of this right, and engage in thoughtful and thorough research of the product they intend to purchase.

Right to be heard: This right has three interpretations. Broadly speaking, this right means that consumers have a right to be consulted by Government and public bodies when decisions and policies are made affecting consumer interests. Also, consumers have a right to be heard by manufacturers, dealers and advertisers about their opinions on production and marketing decisions. Thirdly, consumers have the right to be heard in legal proceedings before the Commission dealing with consumer complaints.

Right to seek redress: If a consumer has a complaint about alleged unfair trade practices, like charging higher prices, selling of poor quality or unsafe products, lack of regularity in supply of services; or if he or she has suffered loss or injury due to defective or adulterated products, he or she has the right to seek remedies (Consumers Affair Act). Consumers have the right to have the defective goods replaced or money refunded by the seller or dealer. The C.C.A.C. assures consumers that their complaints will receive due attention. This right also provides for compensation to consumers if they have suffered a loss, or are inconvenienced due to the fault of the supplier or manufacturer.

Right to consumer education: To prevent market malpractices and exploitation of consumers, consumer awareness and education are essential. For this purpose, the C.C.A.C is charged with the responsibility of enabling consumers to be informed and educated about (a) the relevant laws which are aimed at preventing unfair trade practice; (b) the ways in which dishonest traders and producers may try to manipulate market practices to deceive consumers; (c) how consumers can protect their own interests; and (d) the procedures to be adopted by consumers while making complaints.

CONSUMER RESPONSIBILITIES

Responsibility of self-help: As far as possible, a consumer should not depend on the seller for information and choice. As a consumer, you are expected to act in a responsible manner to protect yourself from being deceived. An informed consumer can always take care of his/her interest more than anyone else. Also, it is better to be forewarned and forearmed, rather than attempting remedies after suffering a loss or injury.

Proof of transactions: Every consumer should invariably obtain and preserve proof of purchase and documents relating to purchase of durable goods. For example, it is important to get a receipt on purchase of goods.  You should remember that, in case you have to make any complaint about defects in goods, the proof of purchase (receipt) will enable you to establish your claim for repair or replacement of the goods. Similarly, durable consumer goods like televisions and refrigerators carry warranty/guarantee cards issued by the dealers. The cards entitle you to obtain repairs and replacements of parts free of cost during a certain period after purchase.

Proper claim: Consumers are expected to bear in mind that, while making complaints and claiming compensation for loss or injury, they should not make unreasonably large claims. Very often, consumers have to exercise their right to seek redress before Commissions. There have been cases in which consumers claimed huge compensation for no apparent reason. This is regarded as an irresponsible act which should be avoided.

Proper use of products/services: Some consumers partake in inappropriate use of the product, especially during the guarantee period, thinking that it will be replaced during the guarantee period. Products should only be used as prescribed by the supplier.

In addition to the above responsibilities, consumers should be conscious of some other duties. In agreements with manufacturers, traders and service providers, consumers must uphold their end of the arrangement. They should make timely payments in respect to credit purchases.

The primary functions of the Consumer Affairs Unit of the Competition and Consumer Affairs Commission are:

1) Keep under review all commercial activities with a view to ascertaining practices which may adversely affect the economic interests of consumers.
2) Order, at the request of any person or on its own initiative, such investigations into the conduct of business as will enable it to determine whether any enterprise is engaging in business practices on contravention of the Consumer Affairs Act.