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ACT IX OF 2003 ACT IX OF 2003 BALOCHSITAN CONSUMERS PROTECTION ACT, 2003 An Act, to provide for promotion and protection of the interest of consumers [Gazette of Balochistan, Extraordinary, 30th October, 2003] No. PAB/Legis: V(10)/2003, dated 30-10-2003.---The Balochistan Consumer Protection Bill, 2003 having been passed by the Provincial Assembly of Balohistan on 11th October, 2003 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly. It is hereby enacted as follows:- PART-1 PRELIMINARY 2. Definitions.---In this Act, unless there is anything repugnant in the subject or context.-- (a) "Authority" means the District Coordination Officer of the District concerned; (b) "Complainant" mean; (i) a consumer; (ii) a voluntary consumers association subject-to such restrictions as may be prescribed; and (iii) Government concerned Council, District Government or a local body or any person or agency authorized by the aforesaid on their behalf to lodge a complaint before the Court. (c) "Consumer" means any person who:- (i) buys goods for a consideration which has been paid or promised or partly paid and partly promised' to be-paid or under any system of deferred payment including hire. Purchase and leasing and includes any user of such goods but does not include a person who obtains. such good4 for resale or for any commercial purpose; or (ii) hires any goods or services for a consideration which has been paid or promised or partly paid and partly promised to be paid or under any system of deferred payment including hire purchase and leasing and includes any beneficiary of such services. (d) "Council" means Consumers Protection Council established under section 8 of this Act: (e) "Court" means the Consumer Courts constituted under this Act; (f) "Defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which in relation to the goods is required to be maintained by or under any law for the time being in force or is claimed by the manufacturer or the trader in any manner what so ever; (g) "Deficiency" means a deficiency or shortcoming in the standard of performance quality and nature of a service which has been undertaken by a person providing the service to a consumer in pursuance of a contract or otherwise or is required to be maintained by or under any law while providing a particular service; (h) "Goods" means goods as defined in the Sale of Goods Act, 1930 (III of 1930); (i) "Government" means the Government of Balochistan; (j) "Laboratory" means a laboratory or organization recognized by Government including the Federal Government and includes any such laboratory or organization established by or under any law for the time being in force, which is maintained, financed or aided by Government including the Federal Government for carrying out analysis or test of any goods with a view to determining whether such .goods suffer from any defect; (k) "Manufacturer" includes a person who- (i) makes or manufactures any goods or parts thereof; or (ii) does not make or manufacture any good but assembles parts thereof made or manufactured by other and claims the end product to be goods manufactured by himself; or (iii) puts or causes to be put his own mark. on any goods made or manufactured by any other manufacturer and claims such goods to be goods made or manufactured by himself. Explanation.---A branch office of a manufacturer shall not be deemed to be a different manufacturer even though an assembly operation; distributions and sale goods are carried out at such branch office. (l) "Notification" means a notification issued by the Government and published in the official. Gazette; ??????????? (m) "Prescribed" means prescribed by rules made under this Act; (n) "Services" include services of any description which are made available to potential users and includes the provision of facilities in connection with banking, Financing, Insurance, Transport, Manufacturing, Processing, Accountancy, Supply of electrical. Mechanical or any other form of energy, boarding or lodging, entertainment, medicine, education, construction work, amusement: catering, security or surveying 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 services; and (o) "Unfair trade practice" means a trade practice which a person for the purpose of sale, use or supply of any goods or provision of any service or for their promotion, adopts one or more of the following practices, causes loss or injury through hoarding, black-?marketing, adulteration, selling of expired drugs, food items and commodities unfit for human or animals consumption, or charging for the goods and services 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 or in writing or by chalking on walls or through sign boards or neon sign or by distributing pamphlets or by publication in any manner, including 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, model style or mode; (ii) falsely representing any rebuilt, secondhand, 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 agency or authority or possesses specified characteristics, performance, accessories, use or benefits which such goods or services do not have; (iv) falsely representing that the goods or services offered fulfil the prescribed standard fixed by local or international authorities; (v) giving misleading representation of the need for, or the usefulness of any goods or services; (vi) falsely giving to the public any warranty of guarantee of the performance, specification, required ingredients, efficacy 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, apartment, shop or building with specified facilities or with the promise to deliver possession thereof within a specified period or without any escalation in price or by falsely representing that such premises, house, apartment, shop or building is being sold, built or constructed in accordance with the approved plans, specification and approval of the concerned authorities; (viii) misleading the public concerning the price at which a product or products goods or services have been or are ordinarily sold' or provided; . (ix) giving false or misleading facts regarding facilities, available in the private educational institutions or falsely representing that such institutions have proper approval of, the concerned authorities or affiliated with any private or foreign organizations; (x) falsely representing for provision of services by professionals and experts including medical practitioners, engineers, architects,/ advocates, mechanics, teachers, Hakeems and spiritual healers; (xi) giving false or misleading facts disparaging the goods, services or trade of another person, firm, company or business concern; (xii) advertising for the sale or supply, at a bargain price, of goods or services which are not intended to be offered for sale of supply at such price;? (xiii) offering of gifts, prizes or, other items with the intention of not providing them as offered or creating the impression that something is being given- or creating the impression that something is being given offered free of charge when it is fully or partly covered by the amount charged in the transaction; and (xiv) falsely give description of commodities and service offered through mail order.