Page 1 of 7 ISLAMABAD CONSUMERS PROTECTION ACT, 1995 CONTENT ___________ SECTIONS: 1. Short title, extent and commencement. 2. Definitions. 3. The Council. 4. Meetings of the Council. 5. Objects and functions of the Council. 6. Authority. 7. Prohibition of false advertisement etc. 8. Procedure for disposal of the complaints. 8A. Power to try summarily. 9. Penalties. 10. Appeal. 11. Immunity of the Council, etc. 12. Rules. Updated till 3.8.2022 Page 2 of 7 ISLAMABAD CONSUMERS PROTECTION ACT, 1995 ACT NO. III OF 1995 An Act to provide for promotion and protection of the interest of consumers WHEREAS sit is expedient to provide for promotion a nd protection of the interests of consumers and for matters connected therewith and incidental thereto ; It is hereby enacted as follows :— 1. Short title, extent and commencement. —(1) This Act may be called the Islamabad Consumers Protection Act, 1995. (2) It extends to the Islamabad Capital Territory. (3) It shall come into force at once. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— (a) “Authority” means the Court of Sessions, Islamabad; (b) “complaint” means— (i) a consumer; (ii) a consumer’s association; and (iii) the Federal Government, Chief Commissioner, Islamabad Capital Territory, Capital Development Authority, or any person or a gency authorized by the aforesaid on their behalf to file complaint before the Authority; (c) “consumer” means any person who— (i) buys goods for a consideration which has b een paid or partly paid and partly promised to be paid or under any system of d eferred payment or hire purchase and includes any user of such goods but does not include a person who obtains such goods for re-sale or for a ny commercial purpose; or (ii) hires any goods or services for a considera tion which has been paid or promised or partly paid and partly promised or unde r any system of deferred payment and includes any beneficiary of su ch services. (d) “Council” means the Consumers’ Protection Council, Islamabad; established under section 3; (e) “Services” includes services of any descript ion which is made available to potential users and includes the provision of facil ities in connection with banking, financing, insurance, transport, manufactu ring, processing, accountancy, supply of electrical, mechanical or an y other form of energy, boarding or lodging, entertainment, medicine, education, construction Page 3 of 7 work, amusement, catering, security, or purveying a news or other information, and similar other services, but does not include the rendering of any service free of charge or under the contract of personal service; and (f) “unfair trade practice” means a trade practice which, for the purpose of sale, use or supply of any goods, or for pr ovision of any service or for their promotion, adopts one or more of the followin g practices, causes loss or injury though hoarding, black-marketing, adulterati on, selling of expired drugs, food items and commodities unfit for human consumpt ion, or charging for the goods and service in excess of the prices fixed by an authority authorized to do so under any law for the time being in force or in furtherance of such sale, use or supply makes any statement, whether orally o r in writing, or by chalking on walls or through sign-boards or neon-si gn or by distributing pamphlets or by publication in any manner, includin g through electronic media, by— (i) falsely representing that the goods or, as the case may be, services are of a particular standard, quality , quantity, grade, composition, style or mode; (ii) falsely representing any rebuilt, second-hand , renovated, reconditioned or old goods as new goods; (iii) falsely representing that the goods or , as the case may be, services have sponsorship or approval of the competent agenc y or authority or possesses specified characteristics, performanc e, accessories, uses or benefits which such goods or services do not have; (iv) falsely representing that the goods or servi ces offered fulfil the prescribed standard fixed by local or international authorities; (v) giving misleading representation of the ne ed for, or the usefulness of any goods or services; (vi) falsely giving to the public any warrantly or guarantee of the performance, specification, required ingredients, e fficacy or length of life of a product or any goods that is not based on an adequate or proper tests thereof; (vii) falsely offering for sale or on lease any premises, house, shop or building with specified facilities or with the prom ise to deliver possession thereof within a specified period or wit hout any escalation in price or by falsely representing that such premi ses, house, shop or building is being sold, built or constructed in acc ordance with the approved plans, specification and approval of the c oncerned authorities; (viii) misleading the public concerning the price at which a product or products or goods or services have been, or are ord inarily sold or provided; Page 4 of 7 (ix) giving false or misleading facts regard ing facilities available in the private educational institutions or falsely rep resenting that such institutions have proper approval of the concerned authorities; (x) falsely representing for provision of se rvices by professionals and experts, including by doctors, engineers, advocates , mechanics, teachers, hakeems and spiritual healers; (xi) giving false or misleading facts disparagin g the goods, services or trade of another person, firms, company or business concern; (xii) advertising for the sale or supply at a bar gain price of goods or services which are not intended to be offered for sale or supply at such price; (xiii) offering of gifts, prizes or other items with the intention of not providing them as offered or creating the impressio n that something is being given or offered free of charge when it is fu lly or partly covered by the amount charged in the transaction; a nd (xiv) falsely gives description of commodities and services offered through mail order. 3. The Council. —(1) As soon as may be, after the commencement of t his Act, the Federal Government may, by notification in the offi cial Gazette, establish the Consumers Protection Council, Islamabad. (2) The Council shall consist of the following :— (i) The Chairman, to be appointed by the Federal Go vernment from amongst prominent social workers permanently r esiding at Isl amabad. Chairman (ii) Members of Parliament representing Islamabad Capital Territory; Member (iii) Chief Commissioner, Islamabad Capital Territo ry, Islamabad; Member (iv) Chairman, Capital Development Authority; Member (v) three representatives of the Consumers Associat ions in Islamabad; Member (vi) a representative of the Ministry of Interior who sh all not be below the rank of Joint Secretary; Member (vii) a representative of the shopkeepers, vendors or manufacturers as recommended by the Chamber of Commer ce and Industries, Islamabad; Member (viii) a representative of the Finance Division who shall not be below the rank of Joint Secretary; Member Page 5 of 7 (ix) a representative of the Ministry of Health who shall not be below the rank of Joint Secretary; Member (x) a representative of Ministry of Food, Ag riculture and Livestock who shall not be below the rank of Joint Secretary; Member (xi) a re present ative of the Minist ry of Indust ries and production who shall not be below the rank of Joint Secretary; Member (xii) a lady so cial wo rker permanent ly residing at Isl amabad to be appointed by the Federal Government. Member (3) The existence of a vacancy in, or defect in the constitution of, the Council shall not invalidate any act or proceedings of the Council. 4. Meetings of the Council. — (1) The Council shall meet as and when necessary a nd at such time and place as the Chairman may fix: Provided that not more than a period of two months shall intervene between the two meetings of the Council. (2) In absence of the Chairman, the Members present in the meeting shall elect one of the members to act as Chairman. (3) The quorum of the meeting of the Council shall be four members. 5. Objects and functions of the Council, etc.― (1) The objects and functions of the Council shall be to determine, promote and protect rights of consumers, including— (a) the right of protection against marketing of goods which are hazardous to life and property; (b) the right of information about the quality, quantity, potency, purity, standard and price of goods and services; (c) the right of access to a variety of goods at competitive prices; (d) the right for redressal against unfair trade practices of unscrupulous exploitation of consumers; (e) the right of Consumers’ education; and (f) the right of easy availability of essential services. (2) The Council shall be responsible for formulat ion of the policies for promotion and protection of the rights of consumers, fair and honest trade practices by the manufacturers, producers and suppliers of goods and services in relation to interest of consumers and their effective implementation; (3) For promotion and protection of the interests of consumers, the Council shall coordinate Page 6 of 7 between the Government, manufacturers, producers, suppliers and consumers. 6. Authority.—(1) The Authority shall receive complaints of the c onsumers and those made on behalf of the council for investigation and determination thereof. (2) The Police, Capital Development Authority and o ther agencies of the Federal Government and Islamabad Capital Territory Administration shal l act in aid of the Authority for performance of its functions under this Act. 7. Prohibition of false advertisement etc. —(1) Notwithstanding anything contained in any other law for the time being in force, no company, firm or person shall advertise in any manner not authorised by law for the sale or hiring of goo ds or services or any property, movable or immovable, or solicit deposits for repayment at hig her rates of profits or interest and thereby causes loss to any consumer, whether financial or otherwise. (2) Notwithstanding any punishment provided for mak ing misrepresentation, false or misleading advertisement in any other law for the t ime being in force, the company, firm or a person making such advertisement shall be liable to pay su ch compensation as the Authority may direct for causing loss to the person affected by such advertisement. 8. Procedure for disposal of the complaints .—(1) A complainant may in respect of any goods sold or delivered or any service provided or supplied or against any unfair trade practice file a complaint with the Authority. (2) The Council may, in the case of any unfair tr ade practice coming to its notice, directly make complaint to the Authority through an officer authorised by it. (3) Where on examination of the complaint r eceived under sub- section (1) or sub- section (2), the Authority is of the opinion that a ny right of the consumer has been infringed, it shall cause the notice of the complaint to be serve d on the respondent who shall be required to give his reply within a period of seven days. (4) After considering the complaint and the reply o f the respondent and after providing the parties and opportunity of being heard, or if no re ply is received and after such enquiry as the Authority may deem appropriate it may pass such orders as the circumstance may require. 1[8A. Power to try summarily .―(1)Without prejudice to the foregoing provisions and in addition to the powers exercisable by the Authority where any right of a consumer is infringed or contravened by way of profiteering, hoarding, black- marketing, adulteration of food items, selling of expired items of food and other item unfit for human consumption or charging for goods and services in excess of the prices fixed by the competent auth ority under any law for the time being in force, it shall be tried by a special Magistrate appointed un der section 14A of the Code of Criminal Procedure, 1898, (Act VI of 1898) in a summary mann er as provided in sections 262 to 265 of the said Code: Provided that sub-section (2) of section 265, shall not apply. (2) If a Special Magistrate has reason to believe that any infringement or contravention of any right of consumer as stated in sub-section (1) puni shable under this Act has been committed by any person, he may enter the place or premises where th e infringement or contravention has been committed and try the same or the spot and punish t he defaulter within imprisonment which may extend to six months or fine which may extend to fifty thousand rupees or with both. 1Insert sec.8A by Act III of 2012, s.2 Page 7 of 7 (3) Any person aggrieved by the order of special M agistrate may, within fifteen days prefer an appeal to the Authority.] 9. Penalties.—(1) Where any right of consumer required to be pro tected under section 5 of the Act is in any way infringed, the person respons ible for such infringement shall be punished with imprisonment which may extend to two years, or with fine which may extend to forty thousand rupees, or with both. (2) Whoever makes advertisement through print or el ectronic-media or by chalking on walls or in any other manner in contravention of section 7, he shall be punished with imprisonment which may extend to two years, or with fine which may extend to thirty thousand rupees, or with both. (3) The Authority may, where it deems appropriate, order for payment of compensation to the consumer to the extent the consumer has suffered an y damage or loss through any unfair trade practice. (4) The Authority may, where it deems necessary f or protection of the rights of other consumers, order for confiscation of any goods or m aterial or direct for their destruction. 10. Appeal . An appeal against the order of Authority shall li e to the High Court and the provisions of the Code of Criminal Procedure, 1898 (V of 1898) in respect of appeals to the High Court shall, mutatis mutandis, apply. 11. Immunity of the Council, etc . No suit, prosecution and other legal proceedings shall lie against the Council, its members, the Authority and other officers and authorities acting unde r the directions of the Council or, as the case may b e, the Authority in expect of anything done under the provisions of this Act or any rules or orders made thereunder. 12. Rules . The Federal Government may, by notification in th e official Gazette, make rules for carrying out the purposes of this Act. _______________