Imagine opening a milk carton, discovering it has a savour taste and has been spoiled. Your immediate reaction would be throwing it away and avoiding that brand. Few people in Pakistan would even consider a legal action against the company, simply because they don’t know they have that right. A 2022 study from the Consumer Rights Commission of Pakistan said that 60% of urban consumers lacked awareness of their legal rights which highlights a significant loophole in the justice delivering system of Pakistan.
Pakistan was a signatory to the UN Resolution no 39/248 of 1985 which had laid a framework of legitimate consumer need and the protection of their interests. The Government of Punjab enacted Punjab Consumer Protection Act (PCPA), in the year 2005, which was intended to adjudicate grievances regarding defective products and deceptive marketing practices. The Islamabad Consumer Protection Act of 1995 provides the legal framework for consumers to file complaints and obtain remedies. The vision behind setting up consumer courts in Pakistan’s dynamic marketplace was to uphold consumer rights. But their planned function and actual performance reveal sheer deficiencies.
First, a substantial portion of the population remains uninformed about their legal rights and the utilization of the courts. Chairperson Consume Right Commission of Pakistan (CRCP) also emphasized in a discussion that “informing consumers of their rights is essential for enabling them to pursue justice.” If people are not aware, the laws are nothing but written statements on paper.
Secondly, a significant backlog remains, notwithstanding the resolution of tens of thousands of cases each year. A defective product matter that might have been settled in a few months is now unresolved for years, causing mental and financial distress for the consumers. Recently, the Law and Justice Commission of Pakistan (LJCP) analysis indicated that federal Administrative Tribunals and Special Courts (ATSCs) have faced a 5.7% increase in backlogs. Additionally, Dawn reports that as of late 2023, Pakistan’s courts faced a substantial backlog, with over 2.26 million unresolved cases, highlighting a systemic issue impacting consumer courts. These deficiencies vary markedly among provinces due to differences in resource distribution, public awareness, and legal enforcement, which affect their efficacy. Operational malpractice, like understaffing and an insufficient budget, also significantly hampers the courts’ ability to operate.
While we try to navigate this complex issue, there are lessons to be learnt from our neighboring country. Last month, on 24 December, India celebrated its National Consumer Rights Day. There are 2000 Courts and 50,000 Councils for the Protection and Rights of Consumer in India. The consumer protection framework in India was established through the Consumer Protection Act of 1986. This Act concocted a three-tier system of consumer redressal tribunals at the district, state, and national levels. It addresses several concerns, including faulty products, inadequate services, etc. After many amendments in 2019, this Act was made to ameliorate consumer safeguards, establish regulations for e-commerce transactions and impose severe penalties lest any infractions happen. According to the Ministry of Consumer Affairs, as of 2023, approximately 4 million cases were pending across various levels of consumer courts in India, with a resolution rate of around 90%. While it marks India’s commitment to consumer rights protection, which deserves applause, the contrasting reality in Pakistan could not be starker. This urgent situation in Pakistan’s consumer courts, especially compared to the strides made in India, underscores the need for immediate, significant revisions.
It is high time that our government took a leaf out of India’s book by taking macro-level steps to mature its consumer protection mechanisms. The policymakers, legal professionals, consumer rights advocates, and the general public must collaborate. This collaboration is not just important; it’s crucial. If taken, the impact of these concerted efforts can serve as paramount to consumer protection in the country.
Legal Analyst Ali Khan advises that “Investment in infrastructure and judicial training is crucial to enhance the efficiency of these courts.” He advocates extensive training programs for judicial and court personnel to refine consumer law competencies. Lastly, implementing stringent timelines could help expedite justice, dwindling the gaping case backlogs.