South Asia Jurist volume 4 | Page 19

c. Disappointments

As these are consumer protection and rights, any personal contracts of goods and services, that is between two people outside course of their business, are not covered by this act. These cases have to be raised in courts as normal commercial contracts.

Interestingly, Section 2k of Punjab Consumer Protection Act, 2005 (ii) states “services” includes the provision of any kind of facilities or advice or assistance… but does not include..the rendering of non-professional services like astrology or palmistry

So unfortunately, astrologists or Palmists cannot be sued in a consumer court.

Khyber-Pakthunkhwa

In KP, the operative act is NWFP Consumer Protection Act, 1997 (NCPA), which is similar to Punjab’s consumer protections. However, there is no special directorate created by Act, so no public authority that will provide help and assistance to citizens similar to Punjab. Therefore, the procedure in KP is that you must raise a case in consumer court, without having a complaint redress similar to in Punjab. Howeve,r in KP there are consumer courts, and special protection by the act. Consumers can take advice from Consumer Rights Commission of Pakistan[2], a non-governmental organisation.

Balochistan

Similar consumer act Balochistan Consumer Protection Act, 2003 (BCPA) operates in Balochistan. The law and procedures are mostly same in this instance are similar to KP.

Problem in Balochistan however is that there is very little consumer court activity as the formal courts are not extensively available or used.

Islamabad – Federal Capital

The federal capital was the first to have a consumer protection law with Islamabad Consumer Protection Act, 1995 (ICPA). However there has not been much progress since then regarding implementation. For example, there are no consumer courts established even now under the act. This essentially means that there are no special operational consumer rights procedures. Consumers are forced to take their case to traditional courts, which can be expensive and ineffective.

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