The Consumer Protection Law of Qatar - Essay Example

The Consumer Protection Law of Qatar Table of Contents ………………………………………………………………………..3 2. Introduction……………………………………………………………………...4 3. Background……………………………………………………………………...4 4. Definitions……………………………………………………………………….5 5. Consumer Rights………………………………………………………………...6 6. Supplier’s Obligations…………………………………………………………...7 7. Sanctions………………………………………………………………………..10 8. General Provisions……………………………………………………………....11 9. Conclusion………………………………………………………………………13 10. References………………………………………………………………………14 Abstract The Consumer Protection Law of Qatar was passed in 2008 and later amended in 2011, which is used to safeguard the rights of consumers to date. Consumer protection in Qatar began in the 90s but the law that has the most significant effect with regards to this topic is this 2008. This paper will discuss this law with regards to topics such as Background, Definitions, Consumer Rights, Supplier’s Obligations, Sanctions and its General Provisions. It will conclude in recommending that the Qatar law on consumer protection is not as broad as in other jurisdictions, but it has at least served its purpose in ensuring consumer protection. The Consumer Protection Law of Qatar When it comes to the relationships between business and their consumers, there are many laws, which protect these relationships. A consumer is described as an individual or entity that acquires products for direct ownership or use instead for resale or use in manufacturing and production (Fayyad, 2012). In Qatar, one of these laws is the Consumer Protection Act that was signed into law back in 2008. The consumer protection law is a field of law, which regulates private relationships between businesses and their individual clients, who purchase those goods and services that they produce (Fayyad, 2012). The law covers a lot of topic, comprising of, but not necessarily restricted to privacy rights, product liability, unfair business practices, misrepresentation, fraud, as well as other business and consumer interactions. It is means of preventing scams and fraud from sales and service contracts, pricing, bill collector regulation, utility turnoffs, consolidation, and personal loans, which might cause bankruptcy to both the business and the consumer (ILO, 2012). Consumer interests and welfare can also be safeguarded through enhancing competition in the markets that indirectly and directly serve clients, consistent with financial efficiency, but this matter is treated in competition law. This paper will discuss the consumer protection law of Qatar and its elements. Background The Consumer Protection Law was passed to respond to the demands of Qatar citizens who were slowing turning into victims of corrupt merchants. Earlier on, safeguarding had been provided under the Combating Commercial Fraud Law of 1999 (ILO, 2012). Normally, during a malpractice or fault, consumers used to have little or no recourse against any business; thus, adverts informing clients concerning products had over-exaggerated messages (ILO, 2012). Other underhand malpractices were utilized like selling sub-standard or defective goods, misinterpreting prices and neglecting safety standards (ILO, 2012). Therefore, it became significant for create a law that forces suppliers to act professional plus be more accountable and liable to their clients. This law was passed when other nations in the Gulf Cooperation Council were also attempting to tackle issues regarding consumer protection, and, around the same time also, comparable laws in the UAE and Syria had started to be implemented. Also at the close of the year 2011, the consumer protection law was amended (ILO, 2012). Definitions During the implementation of the law’s provisions, it state that the words below will have significant means when it came to the law; they include: (1) the ministry, meaning the ministry of business and trade; (2) the minister, meaning the minister and head of business and trade; (3) the competent department, meaning the competent department unit in the ministry; (4) the consumer, meaning any individual who uses services or commodities in order to fulfill his individual needs or with who a conclusion or transaction of an agreement is made; (5) the supplier, meaning any individual who manufactures a good or offers a service or distributes products with the aim of providing it to the final consumer; (6) the advertiser, meaning any individual who promotes or advertises services or commodities through a third party or personally; (7) the commodity, meaning any industrial, transformable, agricultural or animal product including raw material and also introduced ingredients; (8) the service, meaning any work carried out by any individual or group, which is of benefit to the consumer even if the consumer does not get anything in return; (9) the price, meaning the cost at which a product is sold at; and finally (10) the defect, meaning any fault, which leads to the diminution of the value of an asset or benefit that it intended to offer the client (Counsel Qatar, 2008). Consumer Rights Chapter two of the consumer protection law dwells on rights of the consumers. It clearly states that no individual might conclude any business deal or conduct any activity, which infringes the basic rights of consumers. These rights are discussed below. Consumers have the right to health and safety when using the products, as well as the services of any business. Consumers have the right to be provided to the factual data and information concerning the products or services, which he or she buys or utilizes or, which are presented to him or her (Counsel Qatar, 2008). Customers also have the right to freely choose their own products, which are of good quality and also conform to what they speculate. They have the right to obey religious customs and values together with other traditional outcomes. Customers also have the right of obtaining knowledge linked to their legal rights and concerns and they have the right and freedom of joining association, counsels, private institutions and committees with the aim of endorsing consumer protection laws (Counsel Qatar, 2008). Finally, consumers in Qatar have the right to take legal action regarding any attempt against their rights. In the third article of this chapter, consumers are granted the right to fair compensation for any damage caused due to purchasing or utilizing the service or commodity or due to any agreement. In obedience with the provision of Law No 12 (2004) concerning private institutions and associations, the current consumer protection law of Qatar protects against the establishment of association in order to protect consumers (Counsel Qatar, 2008). It aims are: (1) informing consumers in order to educate him or her and arouse his or her awareness; (2) taking part in rationalization of both consumer, as well as family expenditure; (3) expressing the point of view of the consumer and notify them concerning any unfair practices, which are detrimental to his or her interest and concern and call for their intervention so as to bring to an end such malpractices; (4) adding to the development of relations rooted in trust and cooperation among suppliers, consumers and advertisers and partake in the discussions of consumer protection with the applicable parties; (5) defending the customer’s concerning and interests; and finally (6) preparing researches and studies linked to consumer protection and publishing them (Counsel Qatar, 2008). Supplier’s Obligations Suppliers are required by the Qatar Consumer Law to undertake to society back against an exchange or refund or repair in case a product has any defect without asking for extra charges. The law also bans suppliers from exhibiting, selling, offering, advertising or promoting any extra cost if it did not adhere to the earlier stated specification or it was defective (Counsel Qatar, 2008). The law requires suppliers to put labels on all commodities indicating its nature and ingredient and the Executive Regulations of the Qatar Consumer Protection law. In case the use of the product involves any kind of risk, the supplier has to warn the consumer against that risk in a clear manner (Fayyad, 2012). The law prohibits suppliers from showcasing and promoting goods in a manner, which would develop misleading or just incorrect feeling to the consumer or lead him or her to confusion. When choosing to obey the law, suppliers are also choosing to always label commodities their correct prices in a clear manner or even visibly show the price at the location where the product is displayed (Counsel Qatar, 2008). This can be for instance in supermarkets how prices of goods are displayed at the bottom of the shelves were the goods are placed. The consumer in Qatar’s Consumer Law is entitled to get an invoice regarding the transaction linked to the goods or service, including the date of the transaction, the type, price, quantity or any other significant information of the good or service set in the Executive Regulation of the Consumer Protection Law (Fayyad, 2012). By ruling of the appropriate administration, it is doable to draw a list of products, the price statement of which will be enough for the Consumer to be given by the Supplier the possibility to discern their prices in a clear and definite way (Counsel Qatar, 2008). Keeping in line with the provisions of Law No (8), 2002, about the functions of trade agents, each and every distributor or trade agent is bound to implement all the guarantees provided by the producer or the delegate of the product subject matter of the trade agency (Fayyad, 2012). Should the implementation of the guarantees set in the earlier paragraph take more than 2 weeks days, the distributor or the trade agent will be forced to replace the product and let the Consumer to utilize it at no extra cost until such guaranteed are implemented (Counsel Qatar, 2008). Keeping in line with the provisions of Law No (19), 2006, about the safeguarding of competition, as well as prohibition of monopolistic performances, the Supplier, in Qatar’s Consumer Law, is not allowed to refrain from selling or hide any commodity with the aim of managing the market price or daunting the purchase of various quantities thereof or the buying of another product with it or even vending it at a slightly higher price compared to the one initially stated. According to this law, the Supplier should also display in a clear way the information about the service being provided, including its specifications, price and traits (Fayyad, 2012). The Law agitates the Supplier to ensure that the service offered during a specific period is in line with the nature and character of such service and, if not, he or she ensures to pay a refund of the service or offer it once more to the client in the right manner (Counsel Qatar, 2008). The Law also agitates the Supplier to include in his or her agreements and contracts on his obligation to repair the fault or his or her duty of maintenance or any other after sale service, as well as accept the returning of the commodity in a set time period following the appearance of any fault in it (Fayyad, 2012). The Supplier shall pledge to the conformity of the good or service offered to the client to the characteristics and specifications they earlier agreed upon. Furthermore, he or she shall be held accountable for the non-respect of the factors linked to public safety and health (Counsel Qatar, 2008). Also, in the Qatar Consumer Protection Law, after finding out that a product or service has any defect that can harm the client when using, the supplier should right away inform the right department in the ministry and also the consumer concerning the likely harm that it might bring to the client and also any way of avoiding such harm (Fayyad, 2012). The supplier will then go ahead with instant removal of the defective commodities from his or her catalogue and make public of the removal in line with what the Executive Regulation stipulates in the current law. In case which a product or service is paid for in installments, the supplier is supposed to offer applicable data to the client before any conclusion of the agreement. Such data include: (1) the price of the goods or services if paid both in cash and in installments; (2) likely term of the installment method; (3) the value and number of every installment; (4) the advance money if applicable; and finally, (6) the whole cost of sale through installment (Counsel Qatar, 2008). Under the Qatar Consumer Law, the Supplier is normally held accountable for the injustice arising from the consumption and utilization of the commodity he or she supplied and the unavailability of spare parts for long-standing goods and for the nonexistence of guarantees agreed upon or declared with the client (Fayyad, 2012). If the Commodity is manufactured by local industries, then the Supplier and the producer shall both be held accountable in line with the previous paragraph. All labels and data offered in Articles (7), (8) and (11) of the present Chapter we declared to be reproduced in the Arabic language for easier understanding because its target is the Arabic community and the utilization of any other language that Arabs understand could also be used to describe products (Counsel Qatar, 2008). Sanctions Devoid of any discrimination to any more severe sanction offered under any other Qatar law, the individual who breaks these provisions shall be imprisoned for a period not going beyond two years and fined over five thousand depending to less than 50 thousand Riyal depending on the extend of the breakage of the law (Counsel Qatar, 2008). Most of the times, the notifying party is exempted from the charge if the information in the notification is technical and hard to sustain (Emmert, 2014). The cost of the fine is also doubled in case the breach is repeated. The accused part is considered recidivist if he or she commits a related offense in the five-year time as of the period of termination of the implementation or the ending of the sentence. All offenses discussed in the current Law are considered identical with regards to the repetition thereof (Counsel Qatar, 2008). Therefore, the fine will go beyond 50 thousand Riyals and not exceed 100 thousand Riyals, depending on whether if the Supplier was not watchful about the danger or harm involved in the use of the Service or Commodity in a clear manner about what led to the damages (Emmert, 2014). Without discrimination to any more harsh sanctions guaranteed under any other law, the individual who disposes of the withheld commodities set in Article (25) of the current Consumer Protection Law will be sentenced to jail for a period not more than 2 months, or fined a sum equal to the worth of the withheld goods and which he or she has disposed of unlawfully (Counsel Qatar, 2008). The individual liable for the administration of the infringing the legal entity shall be subject to the same punishment offered in the two earlier Articles if found out that this individual has been conscious of the breach and the violation of duties needed by management has led to the criminal offence (Counsel Qatar, 2008). The lawful body shall be both liable to settle the financial penalties, as well as the compensation, depending on whether the violation has been done by one of its employees for the interest or in the name of such legal entity (Counsel Qatar, 2008). In case there is conviction with regards to any of the crimes discussed above, there as shall be a seizure of the product and the tools and material used during its production, or the closure of the place store or where the crime occurred for a period not below one month. The Qatar court shall call for the publication of the offender two daily newspapers plus the expense of such publication will be charged to the convicted individual (Counsel Qatar, 2008). Also, in no way can the punitive lawsuit be removed and no punishment can be taken as to the wrongdoings set in the current Consumer Protection Law unless through a written approval given by the Minister’s delegates or the Minister himself (Emmert, 2014). These two parties shall be charged with settling any of the crimes set in the current Consumer Protection Law before the court or during the said lawsuit or prior to the rendering of a conclusive and final judgment in the criminal act, against the settling of a sum, which is more than double the least amount of the penalty and not more than the double of the highest amount of calculated penalty. Thus, the settlement shall be wiped out the legal action (Counsel Qatar, 2008). General Provisions The main provisions of the current Consumer Protection Law do not breach the competences of the SCCIT concerning the consumer protection in communication, as well as information technology (Counsel Qatar, 2008). Any stipulation appearing in an instrument, contract, document or any other comparable item about the agreement finalized with the consumer is considered null and void if it discloses the Supplier under this Law. In case there are strong grounds leading to the idea that there is a violation of the prohibition set in Article (6) of the current Consumer Protection Law, it is likely to get hold of the unsure materials, and maintain it momentarily with the concerned party and under his or her own liability (Emmert, 2014). A court house will take at least 5 samples for analysis, and each sample will be put in safe cans, two of which are offered to the concerned party (Counsel Qatar, 2008). A report concerning all the taken measures will be provided, and without any discrimination, be submitted upon request, to the competent court. Such commodities are only released by the law if no law if found to be safe for consumption, if not, they will be held forever. The Executive Regulation of the Consumer Protection Law settles on the vital terms and classes to settle the issues in such a manner the effectively meets the provisions of the Law. If the situation is not resolved following the expiration of the stipulated term, the Minister can forbid the organization from conducting its practices for a period not more than ten days and pass on the matter to the court to shut the business and discard the commodities due to the violation (Counsel Qatar, 2008). The workers working at the Ministry have the capacity and power of a judicial inspector in the procedure of detecting and establishing the violations of the Consumer Protection Law, which is granted to them by the attorney general (Counsel Qatar, 2008). The Minister provides the Executive Regulation of the Consumer Protection Law and the significant decisions to implement it, and till such decisions are issued, the present regulations and decisions remain in force in a manner, which meets the provisions of the Consumer Protection Law (Emmert, 2014). The aforementioned Law No (2), 1999, is void. All the pertinent parties are to implement the Consumer Protection Law , which was published in the Official Gazette, in 2008 (Counsel Qatar, 2008). Conclusion Whereas the law in Qatar might not yet be as complete as laws in other nations, it provides clients the right to be heard, as well as to obtain due deliberation. Under the backing of the Consumer Protection Department, Measures and Specifications, at the Ministry of Business and Trade, the higher penalties should stand as a stumbling block for the exploitation of consumers. References Counsel Qatar. (2008). Law No. 8 of 2008 (Consumer Protection Law): unofficial translation. Retrieved from http://counselqatar.com/wp-content/uploads/CounselQatar-Law-No.-8-of-2008-Consumer-Protection-Law.pdf Emmert, F. (2014). Special issue on Islamic law. New York: Oxford University Press. Fayyad, M. (2012). A glance at unfair terms in consumer transactions in Arab legal systems and Islamic law: what Arab lawyers can learn from the European experience? International Journal of Private Law, 5(2), 200-227. International Law Office (ILO). (2012). Consumer protection legislation in Qatar. Retrieved from http://www.internationallawoffice.com/newsletters/detail.aspx?g=1d393e3f-8b35-4d6a-a728-0d2a495feaa4#consumer Read More