Consumer Law in Mauritius

TABLE OF contents Ac familiarityments. rapsc altogetherion 2 Sources And References.. rascal 3 The let outcome of Consumers in society. foliate 4 The Consumer viewed in an economical mountain range.. rascal 4 ? Relationship amidst the consumer and the pauperization and give theory. Page 4 ? Factors influencing implore.. Page 5 What is Consumer faithfulness?. .. Page 6 why the need for Consumer salutaryeousness of spirits? .. Page 6 Consumer vulnerability..Page 6 The Implications of Consumer LawsPage 7 The Socio-economic evolution of MauritiusPage 8 ? A brief history of Mauritius economy Page 8 ? Consumer egis exertion 1998 ( whatsoever constituents) Page 9 ? Fair art acquit 1988.. Page 11 ? Breakthrough in the Consumer protective c all oer LawsPage 13 ? ACIM as an advocate of consumer viandssPage 14 The skilful to estimable Environment. Page 15 The right to refuge..Page 16 The end nonePage 17 Acknowledgements Our team would first of all bid to conv ey Dr. Jankee for this opportunity of evaluating ourselves in a heavens completely un proveed to us and to venture into the different aspects of our topic for a greater assureing. We would to a fault like to thank Mr. Jayen Chellum ( Director Of ACIM ) for his unconditional support and pertain into making us to a greater extent aw ar of the threats to consumers in the Mauritian context and for presentation us the path to take for the closing of this group assignment.Last exclusively non the least, we ar utterly grateful to Mr. Kailash Trilochun ( Barrister ), for his thrust into demonstrating to us the legal aspects and implications of our project. 2 Sources and References ? study Achievements of ACIM Stat Sheet ? Consumer Law ( Key Facts ) decl atomic number 18 ? http//www. geocities. com ? http//www. google. com ? http//www. wikipedia. org ? http//www. supremecourt. mu ? http//www. wiki. answers. com ? http//openlearn. open. ac. uk ? http//www. bized. co. uk ? ttp/ /tutor2u. net 3 CONSUMER LAW The Emergence of Consumers in society In antediluvian cadences the countries of the world were governed by bushel figures. Kings, emperors, sovereigns, rulers or whatever way they were entitled, wear the comparable similarity that is all of them use up their respective countries as chiefs. The people had to continue by the form of laws and the word of those individualistic characters and possess no tangible rights. They were on that pointfore hardened by rulers as pawns on a checker board.The condition of the people and their absence of rights stayed constant with the advent of a stark naked type of social structure, the communist society. As centuries went by, the people became much than awargon of popular methods and such(prenominal)(prenominal) more knowledgeable of the comparison of most other benevolent organisms in legal injury of gender, ethnicity and so on. This caused a revolution on a ball-shaped scale as the rights of e ach and every human being creation started to be acknowledged and prize. With the emergence of a series of co stil beavererol of conduct, later guessed as Laws, people began to enjoy a more civilized vivificationstyle.Trade became more stock(a) and people relished the buying and exchange of goods and go which ultimately resulted in the buyers of goods and expediencys being tagged as consumers. The Consumer viewed in an economical scope A consumer, as delimit by the doctrine, is an individual who enters into a action primarily for personal, family or household purchases. to date in m all routine cases a consumer is not necessarily a emptor in the real sense of the term a consumer could excessively be soulfulness enjoying in the public eye(predicate) and free facilities and yet pick outing a top notch whole step and the same bars as goods or goods they pay for.Relationship between the consumer and the pauperism and summarize theory A consumer is and so antic ipate to be someone who is a quick-scented decision postulater and who seeks to maximize value and frankincense buys in accordance to his postulate and wants for a greater satisfaction rate. 4 It is an undeniable fact that the consumer represents the demand in an economy hence the greater the bod of consumers, the greater the demand for proceedss thus implying that the amplification or decrease of consumers can outright affect demand in a proportional way.This detail all the way demonstrates that the viability of a certain commercialize depends on the demand from those very consumers hereby entailing that not wholly does the consumer affect the demand just also has a great impact on the bring home the bacon factor. In the instance of a shoe making factory, if the consumers, (here signifying demand), for the shoe industry fall in rate, then the supply for that accompaniment good also produces from this neediness in demand rate.In such a case, the consequent scenar io would either be that the consumers increase demand at a certain point in metre and the factory survives the test of time, or the consumers offer away from that particular good for a long period of time thus compelling the factory to shut d give. As a result this example shows us the direct relationship between the demand and supply and the role of the consumer in find the survival of a particular market place.Factors influencing demand However, we should consider the determining causes to fluctuating demand and the consequent supply before truly ariseting into the subject of what consumer law in reality is about. The particular factors influencing demand be as notices (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Fashion Avertising Age Quality seek Income Size of the population unlawful of substitutes Price of complements These factors subsequently affect the judgment of the consumers and thus has a great impact on the supply and the market in general. What is Consu mer Law? Consumer law is a particular fraction of law which is designed to protect consumers against misuse or both kind of vile transactions as well as providing them with the necessary legal message of obtaining reparations for alter caused by faulty products or forgetful returnss. However consumer law is a complex phenomenon, as it is never complete in itself and it is disseminated and scattered over various plain un think statues which do not promise a comprehensive and enhanced tax shelter of the consumer.Why the need for Consumer Laws? The primary intention of such laws is to ensure that consumers hurt their rights clearly spelled out and that companies which sell goods or tender services can go out the demarcation line between observant and wicked activities involved in their businesses playing period shrouding with consumers and thus happen to clearly get to know their responsibilities and what consumers expect of them in price of quality and set.It is therefore open-and-shut that the consumer and the suppliers or service providers atomic number 18 interconnected and interdependent, that is the supply or service providers entrust on the demand of the consumer as much as the consumers rely on the supply of excellence in name of goods and services. olibanum this inter-reliant relationship makes it indispensable for the judiciary personate and the government activity to ensure that both espial bodies are in an equitable invest, where there is no exploitation of the around all important(predicate) party over the weaker one and this is where the consumer law comes into play.The important branches of law business sectored with the security system of the end drug users and the abuse of and the compliance of these guidelines are firstly the elegant Law and the guilty Law. Consumer Vulnerability The question of the rights of consumers is growing well important world all-encompassing as age go by. Governments shake i mplement m both laws to 6 assure that end users work the same rights as the manufacturers or service providers. Consumer trade security department Law or Consumer Law is considered as an area of public law that regulates surreptitious law relationships between individual consumers and the businesses that sell goods and services.Consumer protective cover encompasses a wide range of different yet linked topics such as (i) Product liability which implies that manufacturers, distributors, suppliers, retailers are liable for the damages or injuries their products cause in the eyes of the law. covert Rights pertaining to the rights of the consumer but more of a human rights issue about the right to privacy. For example, the right to keep a persons religious practices on a cliquish level. Unfair Business pulls such as fraud, misrepresentation and other consumer and business interactions. ii) (iii) Therefore these laws generally deal with the aspects of credit repair, product pen cil eraser, service contracts, bill collector regulation, pricing, usefulness turnoffs, consolidation and personal loans that may take up to bankruptcy. All of these arguments actually pointing out the urgent and impending need for government legislating to advocate the basic rights of the consumer to have memory access to the best service or goods useable without being victims of all kind of unlawful activities. The Implications of Consumer LawsOver the years, consumer laws have been growing in importance and have boosted in efficiency. These item set of rules make it an obligation on businesses to respect the relate of consumers. In so doing, the consumer laws compel businesses to disclose detailed data about their products or services oddly in areas where the public, which in our case is referred to as consumer, is at risk, namely places where health, sanitary and hygienics issues are frequent. For instance fast nutrient outlets and hospitals are the most common loca tions related to such aspects. 7 hence it goes without facial expression that the defense force of the consumer depends wholly and solely on their basic rights and the laws that regulate the parties involved, that is the goods or service provider and the end user. The Socio-economic evolution of Mauritius place aside the general aspects and characteristics of consumer laws abroad we field a point where we do withdraw ourselves what exactly is the state of affairs regarding consumers and if the laws regarding their protection and fundamental rights in purchasing and enjoying quality service are being respected and complied with or not.Nevertheless, it is of tip importance to turn back a little in time to properly assess the menses situation and to be able to make a comparative study of the situation in the yesteryear and the situation today. A brief history of Mauritius economy afterward Mauritius independence in 1968, the boorish was in a situation of utter distress. big balances of payment defeat, soaring unemployment, a surge population and massive levels of debt are some of the major predicaments the state had to confront. as luck would have it, with the help of the prof Meade and quite a few policy-making leaders of that time, the country somehow managed to obligate the harsh conditions and defy most of the revelatory predictions made about the survival of the country as an autonomous body. Mauritius adhered to the advice of Meade in its diversification process but used its own state creativity and capacity to deal with the pressing affairs of the country.The Mauritian defer invested a lot of its intellectual ad financial resources into hauling out the volume of its people from utmost poverty and sparked a revolution of aspirations nationwide. What made Mauritian supremacy story include industrial policies undercoat on an expert-led diversification strategy, dedicated and effective bureaucracy, the dearth of conflicting ideologies, a pissed benefit state, human faced morphological adjustment, successful demographic control, tapping of preferential 8 rrangements, economics of ethnicity and cultures and a habit for institutional engineering. Nevertheless it is an undeniable fact that with the runner of this new technological, fast-tracked and globalization oriented era, new challenges are surfacing and along with them the uncertainties and queries regarding the cause and nature of democracy in the approach age. As such, in the Mauritian context, the consumer is protect under some legislative laws. Amongst other, the Consumer tribute number 1998 and the Fair Trading cloak 1988.Below, here are some sections of the Consumer shield action of 1998 and the full version of the implemented Fair Trading turn of events 1988. Consumer fortress flirt 1998 (some sections) 3. Maximum worth (1) The minister of religion may, by regulations, fix the price of all goods condition in the First Schedule. A dealer who sells or supplies both controlled goods at a price soaringer than that which has been laid shall accuse an offence. (2) 4. (1) Maximum mark-up The subgenus Pastor may, by regulations, determine the maximal markup of any goods specified in the Second Schedule.A trader who sells or supplies any controlled goods at a price which includes a mark-up which exceeds the level best mark-up shall redact an offence. Maximum recommended retail price (1) The Minister may establish a jurisprudence of Practice to provide for the method to be adopted for the determination of the maximum recommended retail price of goods other than controlled goods and, where he intends to do so, he shall give notice of the law of Practice by its publication in the Gazette. 9 (2) 5. (2) Where a Code of Practice has been established under branch (1), no trader shall act in develop of the Code of Practice.A trader who sells or supplies any goods for which there is a maximum recommended retail price sha ll plaster over a label in a indiscreet place on a exemplar on any such goods indicating the maximum recommended retail price. A trader who affixes, in relation to goods referred to in subsection (1), a maximum recommended retail price provided for in the Code of Practice shall commit an offence. (3) (4) 6. iniquitous charging of tub A trader who, whilst selling or supplying any goods (a) charges ad valorem tax where VAT is not guilty by him (b) (b) charges a higher rate or amount of VAT than is lawfully chargeable, shall commit an offence. . Price label (1) Where VAT is chargeable by a trader in respect of any goods, the trader shall affix a label in a man-sized place on a archetype of the goods indicating the total selling price of the goods inclusive of VAT. (2) Where VAT is not chargeable by a trader on any goods, the trader shall affix a label in a conspicuous place on a specimen of the goods indicating (a) the selling price and (1,) that the amount of VAT is NIL. (3) (4) A trader who fails to keep up with subsection (1) or (2) shall commit an offence.For the purposes of this section, the Minister may prescribe the form or comment of a label or any distinctive mark which such label shall bear. 10 8. Selling at a price higher than that displayed (1) No trader shall sell any goods at a price which is higher than the price shown on a label affixed pursuant(predicate) to section 7. A person who fails to comply with subsection (1) shall commit an offence. (2) 9. jerry-built price indication A trader who gives (by any means whatever) to any consumer an indication which is lead astray as to the price at which any goods are sold or supplied shall commit an offence.Fair Trading mould 1988 1. gyp title. This Act may be cited as the Fair Trading (Amendment) Act 1988. 2. Interpretation. In this Act forefront Act means the Fair Trading Act. 3. Section 6 of the important Act amended. Section 6 of the principal Act is amended by adding immediately afte r the word challenger the speech communication or of promoting, establishing or observant any exclusive sales pact or monopoly in connection with the employment and supply of goods, branded or otherwise, or of services. 4.Section 13 of the principal Act amended. Section 13 of the principal Act is amended by deleting the actors line not exceeding 10,000 rupees and replacing them by the words not less than 10,000 rupees and not exceeding 50,000 rupees. 11 5. Section 14 of the principal Act amended. Section 14 of the principal Act is amended by deleting the words and to imprisonment for a term and replacing them by the words together with a term of imprisonment. These pieces of legislative law are here to protect consumers against abuse. being a mixed law, some of the laws have been translated into English as in many issues it is the Code Civil Mauricien and the Code de affair which is generally used. At inter case level, oddly in England, protection in wrong law falls into three main categories (i) (ii) (iii) Un untroubled goods- Consumer Protection Act 1987 vocalisation II and the General Product Safety Ragulations 1994 Trade Description Act 1968 Misleading price- Consumer Protection Act 1987 Part tierce Then again, the position of Mauritius concerning Consumer protection laws, ts practice and enforcement are contemptible and our small bud island lags behind in the specific field as compared to countries such as France, the fall in Kingdom, and the United States. In this light, our current system lacks the administrative machinery for a strong consumer umbrella. Our oath consumers are therefore not sufficiently sensitized about the existence and the continual themes of the consumer laws that shield them from eventual harm or abuse by traders, businesses and other groups which are usually better equipped and more resourceful than the general consummating public.Consequently, the lack of knowledge about these laws creates a situation where the a nalphabetic consumer has to face new sales techniques, unkind publicity and marketing of a large variety of goods and services in the market, such that the latter is in no position to assess the defects and shortcomings that might be put in therein. On the other hand, the suppliers are tempted to follow diverse cheating(prenominal) practices such as sub-standard quality, adulteration, incorrect quantity and excess pricing amongst others. 2 Breakthrough in the Consumer Protection Laws It would however be unjust to peck at the work of our Legislature who has made some(prenominal) provisions in accordance with the consumer welfare state and the demand and supply for consumer goods and services, as a result of the expansion in technological and industrial fields. The Legislature enacted laws intend to protect the consumer against deceit, injury and exploitation, among which are 1. The Civil Code 2. The Hire Purchase Act 1964 3.The Supplies Control Act 1972 4. The Fair Trading Act 1 979 5. The Trade Marks Act 6. The Consumer Protection Act 1991 7. The Consumer Protection (Price and Supplies Control) Act 1998 8. The Food Act 1998 The Consumer Protection Act of 15 June 1991 seeks to extend the ambit of protection to the consumer and eventually develop into the proper soundty of the consumer. Regrettably, its aims are less achievable as the application is express mail to certain products save. (Refer to S3 (2)). Sect. Consumer Protection Act The General Safety Requirements (1) No person shall apply any goods which suffer from any fault with regard to any prescribed quality, quantity, potency, priority or standard or in the case of any machinery or motor vehicle, with regard to the quality, nature or manner of its performance. (2) This section shall not apply to(a) growing crops or things comprised in land by merit of being attached to it (b) water, food, animal feed or chemical fertilizer (c) aircraft 13 (d) drugs or medicine (e) tobacco and (f) goods mean exclusively for export under the exportation Processing Zone Certificate.A more considerable addition to the existent consumer laws is found in section 5 of the Consumer Protection Act which endows the enforcement authority with a meagerly additional power of control over the supply of goods which might not invulnerable for use or consumption. This Act has mainly repeated fundamental provisions of other laws without concretely solving new practical(a) problems, for example, in the revision of standards in contract. Moreover, consumer forepart is more accessible to the elitist community and fails to remember the masses, who are the real victims of the system since they are confronted to financial constraint.ACIM as an advocate of consumer rights Fortunately some particular consumer oriented private organisations have stepped forward for the rights of the end user but the most recognisable of these organisations is most probably lAssociation des Consommateurs de lIle Maurice (AC IM), who has made a praiseworthy effort into making the most regarding the protection of the consumer, the needs of the Mauritian consumer and has aroused a lot of questions about certain government practices which could prove to be prejudicial to the consumer.Thus ACIM has not only created a means of assistance to the public in matters relations with the abuse and violation of consumer protection laws but has also proved to be the acting watchdog in hindering practices (again referring to the unfair business practices), that are detrimental to the consummating community, be it governmental decisions or supply and service provider faults. Also, this particular association has over the years stressed on a number of disturbing facts and alarming situations about the Mauritian consumer laws and their adherence.One such trouble and at the same time untoward fact is that the laws concerning the rights and the protection of the consumer are too decentralized, that is the local autho rities that include municipal or district councils each have their own respective ways of rendering the laws in their areas of jurisdiction. In so doing, the consumer laws are in a certain sense baffled by territory issues, disdain the fact that Mauritius is seen as a intimately small island, making it not only difficult to understand exactly what laws are applied 14 n the fill of the consumer in different regions but also to deal with the various implications the laws hold in their relevant territories. Below are a few of the major achievements and projects of ACIM in the past years 1. In 1992, ACIM in hamper with other NGOs succeeded in holding the proposal for the construction of a nuclear power station by the Minister of Engery, on grounds that it would both be uneconomical and milieually unsound. 2.In 1990, ACIM won a major triumph against the Central Electricity Board when this public enterprise was ordered by a Supreme Court judgment to repay 182,777 electrical energy consumers for the unlawful double bearing of electricity charged for the month of June 1986. The total amount reimbursed was 38 Million Rupees, interest inclusive. 3. In 1989, the Mauritius Broadcasting Corporation (MBC) change magnitude the license fee of consumers by cd%. ACIM launched a national protest and managed to make the government back for 26% of the consumers.In addition, ACIM entered a court case to rivalry the constitutionality of a regulation that was made by government threatening to cut electricity supply if people refused to pay the kernel of their TV license fee. Judgment was delivered in January 1992 by the Supreme Court. ACIM won the case. When looking at these particular cases, we finally get to understand a little more of just how complex the consumer laws and their applications in terms on consumer protection are. The right to Safe EnvironmentOne noteworthy fact, that should shortly be a major concern to the world in general and specially to our small i sland, in terms of its geographical situation, is the right of consumers to enjoy a safe surround. Is it a sad truth that the private organizations here in Mauritius have limited resources and are incapable of really drafting the governments attention towards this phenomenon that is start to affect not only us but the world as a whole. 15 The need for environmental conservation is seen as a necessary defense against deteriorating quality of life worldwide.All consumers are victims of contaminated food and water supply, pesticide-ridden food, corrupt milk and choking exhaust exhaust fumes emitted from vehicles. According to a World deposit report, India is being pushed back due to its high environmental costs which implicates 24,500 Million Indian Rupees each year in terms of air and water pollution alone. invaluable resources and man-days are lost due to dirty environment and living conditions. Consumers need to understand that only a safe environment can ensure the fulfill ment of their consumer rights.Hopefully, Consumers outside(a), a nodal agency of consumer organizations worldwide, has set up a number of guidelines for ensuring the consumers right to safe environment. A few of these major guidelines are 1. Promoting the use of products which are environmentally sustainable. 2. boost recycling. 3. Requiring environmentally dangerous products to carry abstract warnings and instructions for safe use and organisation 4. Promoting the use of non-toxic products by a. Raising consumer consciousness of alternatives to toxic products. b.Establishing procedures to ensure that products banned overseas do not enter national markets. c. Ensure that the social impacts of pollution are minimized. d. Promote ethical, socially and environmentally obligated practices by producers and suppliers of goods and services. These measures therefore ensure that the consumer is not abused of in terms of environment and that the latter enjoys the fundamental right of the human being to have access to a sound environment. The right to Safety Consumer right to safety is as vast in its purview as the market reach itself.It applies to all possible consumption patterns and to all goods and services. In the context of the new market economy and rapid technological advances touch the market, the right to safety has become a pre-requisite quality in all products and services. For instance, some Indian products carry the ISI mark, which is a figure of satisfactory quality of a particular product. The market has for a long time made consumers believe that by consuming packaged food or mineral 16 water, consumers can protect their health but this notion has been proved wrong time and again due to rampant(ip) food adulteration in market products.Right to the food safety is an important consumer right since it directly affects the quality of life of the consumers. The end note All of these measures therefore converge in the same global direction of safegu arding the basic rights of the consumer that is for the consumer to enjoy the best quality and standards in all aspects of their lives, but the real question we are fain to ask ourselves is whether the consumer of today is even apprised of the benefits the consumer laws bestow on them or do they simply take pleasure in hiding under the shields of a panoply of imperceptible laws?The awareness of the existence of these laws is certainly of utmost importance nevertheless the most resilient interrogation in the communities worldwide should be about the survival of these laws and their enforcement over the test of time for the benefit of the consumer and consequently, the viability of all types of markets. 17