Legal Corner Thursday, 12 May 2011 03:01

By Abdelaal A Khalil

Law No.8 of 2008 states that the Consumer Protection Department is established for providing the consumer with information and raising his awareness. Contributing to the rationalisation of consumption and household spending, expressing the consumers’ point of view to the relevant official bodies and reporting practices harmful to their interests and requesting intervention to stop such practices when appropriate are their dutires. It contributes to creating a relationship of trust and cooperation between the consumer and the service provider as well as participate in dialogue and consultation with stakeholders. Defending the interests of the consumer, and conducting studies and researches related to consumer are also part of their job.

The Ministry of Business and Trade has established Consumer Protection Department in order to oversee markets, follow up movement and circulation of merchandise from the producer to agent or distributor until they reach the consumers, receive and consider consumers’ complaints and follow up sales in its capacity as an administrative authority attached to the Ministry and not as an independent association.

There is no doubt that the Consumer Protection Department is playing a vital role by holding seminars and conferences to educate consumers and oblige producers and distributors to provide the best services and merchandises. Consumer Protection Department also coordinates with governmental departments and authorities to monitor producers, sellers and producers to make sure they abide by the laws.

It also has dedicated a hotline to receive consumer complaints in addition to its outstanding media role through educating the consumers and encouraging traders, producers and agents to provide the best services and products to the consumers.

Law No. 8 of 2008, concerning the consumer protection, states that the consumer is anyone who retains any merchandise or service with or without consideration, or is being dealt or contracted with them for such services or merchandises. The provider is anyone who provides service or manufactures the product, distributes, trades, sells, exports, imports or interferes in producing or circulating them in order to offer them to consumers.

‘Advertiser’ means anyone who advertises or promotes a merchandise or a service by themselves or through others using different means of advertisement and publication. ‘Merchandise’ is every manufactured, agricultural, animal or converted product, including raw materials and ingredients of the product.

Furthermore, the Law states that the fundamental consumer’s rights are guaranteed by the provisions of the Law and no one is permitted to conduct any agreement or practise any activity with prejudice to the following consumers’ rights:

1 The right to health and safety when using the merchandise and services.

2. The right to obtain correct information and data of merchandise and services bought, used or offered.

3. The right in free choice of merchandise and services including compliance with quality standards.

4. The right of obtaining the information relating to the protection of consumer rights and their legitimate interests.

5. The right of filing lawsuits for everything contradicting or prejudicing consumer’s rights.

6. Consumer’s right in litigation for damages against them or their money resulting from purchasing or using merchandise or services; otherwise no agreement shall be valid.

• The Law indicates the provider’s obligation “merchant – distributor” with the following:

1. The provider shall be obliged to take back the merchandise and pay back its value, replace or repair it without consideration in case of discovering any fault or if they are not complied with the decided standards or the thing upon with the agreement has been made.

2. Selling, offering, presenting, promoting or advertising any deluded or rotten merchandises shall be prohibited. The merchandise is considered as deluded or rotten if it does not comply with decided standards or not valid for use or expired.

3. The provider shall guarantee the compliance of the merchandise or service with the declared approved standards. It also shall be accountable for commitment to public health and safety.

4. Provider, upon discovering a fault in the merchandise or the service hurting the consumer when using them, shall notify the competent authority in the Ministry and the consumer with the potential damages and how to protect against in addition to withdraw the faulted merchandise from markets immediately and to announce that.