A consumer is any person who purchases or offers to purchase
goods, products and commodities for consumption. This includes a person to whom
services are rendered. Similarly, the Federal Competition and Consumer
Protection Act, 2019 ("FCCP Act") defines a consumer to
include any person who purchases or offers to purchase goods otherwise than for
resale but does not include a person who purchases any goods to use them in the
production or manufacture of any other goods or articles for sale[1]. The FCCP Act has made copious
provisions on the rights of a consumer in Nigeria and these rights are outlined
hereunder.
Rights of a Consumer
1.
Right to be given information in plain and understandable
language:
A consumer is entitled to be given
information in a plain and understandable language where such is required to be
given by an undertaking[2] (this includes a seller,
supplier, distributor, importer and manufacturer). The test of whether the
information is in plain and understandable language is the reasonable man's
test of the standard of persons in which the information is disseminated.
2.
Right of disclosure of prices of goods and services:
The prices of all goods and services
must be displayed clearly so a consumer can take notice of it[3]. An undertaking must also
not require a consumer to pay a price higher than that displayed for the good
or service.
3.
Right to adequate trade description and to have products
labelled:
A trade description is any
description, statement or indication as to the number, quantity, and quality
i.e. of goods. An undertaking is mandated to ensure that trade descriptions are
applied to goods either directly, in close proximity or by any commercial
communication and that they are labelled appropriately for the benefit of a
consumer.[4] An undertaking shall not
supply a trade description that is misleading or likely to mislead a consumer
or which is false.
4.
Right to disclosure of second-hand or reconditioned goods:
Any person who offers to sell goods
that are second hand or have been reconditioned, rebuilt or remade must notify
the consumer of the nature of the goods.[5]
5.
Right to be given adequate information of every
transaction:
A consumer must be provided with a
written record of every transaction by the undertaking i.e., receipts. This
record should contain the business details of the undertaking, the full details
of the transaction, tax payable etc[6].
6.
Right not be given a condition before making a purchase:
A consumer must not be given a
condition to fulfil first before entering into any transaction with the
undertaking or a third party for the supply of goods and services.[7]
7.
Right to cancel a reservation, booking or order:
The consumer reserves the right to
cancel an advance reservation, booking or order for goods and services[8]. The supplier or service
provider may require the consumer to pay a fee upon cancellation but such fee
must be fair and not excessive, considering the transaction.
8.
Right to reject goods before completing the transaction:
A consumer has the right to reject
goods displayed in open stock before the completion of the transaction.[9]
9.
Right to goods corresponding with samples and descriptions:
Where a consumer cannot examine goods
offered by a supplier and the consumer relies on the samples and description
offered by the Supplier, upon delivery of the goods, they must correspond in
all material aspects with the sample and description offered by the supplier[10]. This is especially
relevant to e-commerce and internet marketing, goods displayed by vendors must
correspond with the goods supplied to the consumer.
10. Right to reject
goods:
A consumer has the right to reject
goods in the following instances:-
a.
Where the goods are intended to satisfy a particular purpose
which is communicated to the supplier and upon delivery, the goods are not fit
for that purpose.
b. Where the consumer
did not have the opportunity of examining the goods before purchase for example
e-commerce and upon delivery, the goods do not match the sample and/or
description or they do not meet up to the quality and type envisaged in the
sales agreement.
c.
Where the goods are defective and unsafe[11].
Where a consumer returns goods in any
of these circumstances the consumer is entitled to a full refund of money paid
for the goods. This right is particularly relevant in this era where e-commerce
is predominant. Some online vendors insert notices that there will be no
exchange or refund of their goods. This is however contrary to the FCCP Act. A
consumer has the right to reject goods in the circumstances elucidated above.
11. Misleading, false,
fraudulent and deceptive information:
No producer, importer, distributor,
retailer or service provider shall in pursuance of trade or to market goods or
services to a consumer make any representation that is misleading, erroneous,
fraudulent and deceptive. Such a person shall also not use physical force,
coercion, undue influence, pressure, harassment etc. to get a consumer to enter
into a transaction for goods and services with him or take undue advantage of
consumers with physical, mental or educational disabilities. Any undertaking
that violates these rights of a consumer will be liable to the consumer for
damages and restitution.[12]
1
14. Notices detrimental
to consumers:
Any notice which seeks to limit in
any way the risk or liabilities of a supplier of goods or services, constitute
an assumption of risk by the consumer, impose an obligation on the consumer to
indemnify the supplier or is an acknowledgement of fact by the consumer must be
brought to the attention of the consumer in a conspicuous manner and form that
a reasonable man won't miss such a notice and the consumer must be given
adequate opportunity to receive and comprehend the notice.[15]
15. Right to quality
service:
A consumer who enters into any
transaction for the performance of services has a right to timely performance,
quality performance and completion of the service[16]. The consumer also has a
right to the use, delivery or installation of goods that are free from defects for
the performance of the service. If there will be any delay in the performance
of the service then the consumer must be given timely notice. Failure of a
provider of a service(s) to adhere to these rights of the consumer, the
consumer will be entitled to have the defects remedied and a refund of a reasonable
portion of the price paid for the service having regards to the extent of the
failure.
16. Right to safe and
quality goods:
Every consumer has the right to
receive goods that are suitable for the purpose which they are generally
intended (if the consumer has a specific purpose and has informed the supplier,
they must be suitable for that purpose), be of good quality and free from defects[17]. The goods must also be use-able and durable for a reasonable period and comply with any applicable
standards set by industry sector regulators. There is an implied warranty that
all goods and services must comply with these requirements, failure of which,
the consumer has the right to return the goods to the undertaking within 3 months
of the delivery of the goods and the Consumer is entitled to a full refund in this
instance.
Enforcement of
Consumer Rights
A consumer whose rights have been violated by any person can
either refer the matter to the undertaking for redress or file a complaint in
the Federal Competition and Consumer Protection Commission ("the
Commission").[18] The Consumer also has the
option of seeking redress in a court of competent jurisdiction. The Commission
has the power to investigate complaints and issuing appropriate orders.[19] The Commission can also register
its orders in the Court as a consent order of the Court.[20]
[1] Section 167 of the FCCP Act
[2] Section 114 of the FCCP Act
[3] Section 115
[4] Section 116
[5] Section 117
[6] Section 118
[7] Section 119
[8] Section 120
[9] Section 121 (2)
[10] Section 121 (3&4)
[11] Section 122
[12] See Sections 123 & 125
[13] See Section 124
[14] Section 127
[15] Section 128
[16] Section 130
[17] Section 132
[18] See Section 146
[19] See Section 148
[20] See Section 149
Comments
Post a Comment