Introduction
1. This Act provides for the establishment
and protection of the rights of consumers.
This Act shall be cited as the “Consumer
Protection Act”
Provision against subjecting consumers
to unfair discrimination
2. Unless otherwise specifically provided
by any other law, consumers shall not be
unfairly discriminated by sellers in the
course of selling of goods or by service
providers in the provision of services.
It shall be an offensive not to sell goods
to any particular party or provide services
to a particular party.
Circumstances in which goods may
be hoarded
3. It shall be prohibited, except under
the circumstances provided below, to hoard
commercial goods in order to prevent its
sale to a buyer.
a) Prohibition of sale of such goods by
law.
b) Being in possession of permission from
the Ministry of Trade and Industries to
temporarily hoard the goods in order to
carry out stock accounting or similar purposes.
c) Sale of goods in a reasonable quantity
to a buyer on any given occasion.
d) Request to buy goods from a wholesaler
in a quantity lesser than which is offered
by the wholesaler.
Display of prices of goods
4. Except in respect of goods exempted
by the Ministry of Trade and Industries,
the retail prices shall be affixed to commercial
goods sold in retail, and the wholesale
prices shall be affixed to commercial goods
sold in wholesale. Such prices shall be
affixed to the goods or displayed in the
place where the goods are sold, in a manner
clearly visible to buyers. Goods shall not
be sold to a buyer at a higher price than
which is affixed to the goods or displayed
in such place.
Selling of goods without any conditions
except the requirement to make payment
5. It shall be prohibited to offer commercial
goods for sale or to sell commercial goods
subject to a condition requiring the purchase
of any other goods or to any other condition
other than the condition that the buyer
shall pay the price of such good. This section
does not prevent the sale items of same
or various descriptions where packed together
by the manufacturer or supplier of the goods
to be so displayed for their sale, or where
a particular item of goods is available
for sale in a single unit, the sale of such
goods packed together with items of various
other descriptions.
Display of rates and conditions
of services
6. (a) The rates of a service rendered
by a service provider and conditions of
a particular service, where such service
is provided under specific conditions, shall
be displayed in Dhivehi Language, in a clearly
visible manner, at the place where the service
is provided. Or a document containing such
details shall be made available at the request
of the seekers of such service.
(b) Where a form for request of services
is in foreign language, arrangements shall
be made for the form to be completed in
Dhivehi Language as well.
Control of prices
7. (a) Based upon the availability of certain
commercial goods in the Maldives or the
economic conditions of the country, where
it is found by the Ministry of Trade and
Industries that prices of such goods be
controlled, the Ministry shall have the
discretion to control the price of those
goods and to vary the controlled price in
respect of various regions of the country
taking into account, the costs involved
in the carriage of such goods to those regions.
(b) Based upon the necessity of a service
given in the Maldives or the economic condition
of the country, where it is found by the
Ministry relevant to such service that the
rates of the service be controlled, such
Ministry shall have the discretion to control
the rates of the services and to vary the
controlled rates in respect of the various
regions of the country taking into account,
the costs involved in the provision of such
services.
(c) It shall be prohibited to sell goods,
the prices of which have been controlled
under sub-section (a) of this Section for
an amount exceeding the controlled price,
and to provide services, the rates of which
have been controlled under sub-section (b)
of this Section for an amount exceeding
the controlled rates.
Acts prohibited in relation to
sale of goods, provision of services and
their advertisements
8. It shall be prohibited to commit or
cause the commission of the following acts
orally or by visible representation in relation
to the sale of goods; the delivery of goods
for its sale; the provision of services;
or the advertisement of goods or services.
a) To sell by misrepresentation, goods
other than those requested by the buyer
or to provide by misrepresentation, a service
other than which was requested by a seeker
of service.
b) To falsely state or represent that goods
are of a particular quality, description
or model.
c) To falsely state that services are of
a particular standard.
d) To falsely state or represent that goods
are new or unused.
e) To falsely state or represent that sellers
or service providers have approval or affiliation
to a particular party or that the goods
are manufactured by a certain party.
f) To falsely state or represent or express
in a manner that could cause a mistaken
belief, that prices of goods or rates of
services have been reduced.
g) To falsely state or express in a manner
that could cause a mistaken belief, the
use of goods or services were available
when they were not.
h) To falsely state or represent or express
in a manner that could cause a mistaken
belief, the benefits available under a warranty
or guarantee of goods.
Communicating defect of goods prior
to sale
9. Where commercial goods are damaged or
not fit for the purpose, the buyer shall
be informed of such defect prior to the
sale of such goods.
Presentation and testing of goods
10. Where the buyer requests to test and
examine any commercial goods so as to ascertain
if such goods are not damaged or defective,
such goods shall be presented to the buyer
for examination and where such goods can
be subjected to a test, such test shall
be performed in the presence of the buyer.
Knowing of defect after buying
11. Where no agreement has been entered
into between the seller and the buyer as
regards dissolution of the transaction of
sale, the buyer shall, upon finding within
24 hours that the goods bought were defective
and after giving the details of the defect
to the seller, have the right to reclaim
the price of the goods bought or the same
type of goods in exchange and return the
goods.
Display of details and periods
of use of packaged items
12. The type, ingredients, weights, quantity,
date of manufacture, date of expiry and
directions of use, shall be marked in accordance
with the regulations determined by the Ministry
of Trade and Industries on items of good
either imported into the Maldives or goods
manufactured in the Maldives in packages,
cans, bottles or in boxes.
13. It shall be prohibited to display goods
for sale in a place where such goods are
sold or to sell goods after the expiry of
the period of use of such goods and to display
in places where it is sold, any goods which
have been perished or contaminated to the
extent injurious to human consumption.
Provision of receipt
14. Every seller who sells any commercial
goods or service provider who provides any
service shall, on demand, issue to the buyer
or service seeker, a receipt containing
the following details.
(1) name, amount and type of the goods
or services.
(2) price of goods or rate of service.
(3) the date on which the goods were sold
or services were provided.
(4) full name and address of the seller
or service provider.
Formulation and enforcement of
regulations
15. (a) All regulations which are required
to be made under this Act shall be formulated
and enforced by a party or parties appointed
by the President.
(b) The relevant Ministries of the Government
shall have the discretion to ensure whether
the sellers and service providers comply
with the provisions of this Act and regulations
made under it.
Penalty
16. (a) the relevant Ministries of the
Government shall have the discretion to
fine a party who commits an offence prescribed
in this Act or who commits an act in default
of a provision of this Act, by an amount
between Rf 500/- and Rf 100,000/- on the
first instance, and by an amount between
Rf 5000/- and Rf 100,000/- where such offence
is repeated.
(b) Where a party having been fined in
accordance with sub-section (a) of this
Section is in default of the period given
for remedying the default, or where an offence
is repeated, the relevant Ministries of
the Government shall have the discretion
to close the establishment for a period
not exceeding sic months or to suspend the
license granted to such establishment for
a period not exceeding six months, in addition
to the imposition of the fine prescribed
in sub-section (a) of this Section.
Exemption
17. Any sale by auction shall be exempted
from the provisions of this Act.
Definition
18. In this Act:
a) “Service” means any service
rendered for a price.
b) “Commercial” means goods
displayed for the purpose of sale in a place
where such goods are sold
c) “Hoarding of goods” means
the denial of possession of goods while
keeping them in possession, or denial of
sale of goods at prices for which such goods
are generally available for sale on a commercial
basis, or the denial of sale of commercial
goods to desirous buyers while keeping them
in display at a shop or any other place.
d) “Warranty or guarantee”
means a document issued by the manufacturer
or seller of goods stating that the goods
sold are of a particular quality, or durable
for a certain period, or that the goods
will be replaced or repaired without any
additional charge during the guaranteed
period of durability.
Repeal
19. Upon the coming into force of this
Act, Law No: 57/78 (Law relating to the
hoardings of goods and controlling of prices
of various goods) shall be repealed.
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