By Eloghene Adaka Esq
A “consumer” includes any person:
(a) who purchases or offers to purchase goods otherwise than for the purpose of resale but does not include a person who purchases any goods for the purpose of using them in the production or manufacture of any other goods or articles for sale, or,
(b) to whom a service is rendered.
The Federal Competition and Consumer Protection Act 2019
The Federal Competition and Consumer Protection Act, 2019 (“FCCP Act” contains provisions on the right of a consumer and the means to address a wrong done to a consumer. It also, establishes the Federal Competition and Consumer Protection Commission and Competition and Consumer Protection Tribunal for the development and promotion of fair, efficient and competitive markets in the Nigerian economy to facilitate access by all citizens to safe products and secure the protection of rights for all consumers in Nigeria, and for related matters.
In case of consumer exploitation, the rights of the consumer must be protected and this can only be achieved if consumers are aware of their rights as provided by the Federal Competition and Consumer Protection Act.
1 Right To Information In Plain And Understandable Language:
A consumer has the right to be given all the information they require about a product or service. For example, they have the right to request a list of ingredients that go into making a particular product that is being sold, detailed information of a contract that they might sign, etc. A manufacturer ought not to make any false expressions by word or conduct which are misleading or deceptive which contain a material fact as it can attract damages or even a conviction. A manufacturer or seller should ensure information is given to the consumer in plain language that he understands.
2 Disclosure Of Price Of Foods And Services:
The manufacturer or seller must ensure the prices are clearly stated for a consumer who wants to purchase to take notice of it before purchasing. Also, no agreement before purchase should contain a higher price than what is clearly stated or displayed by the seller as this would be a breach of the right of the consumer.
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3 Disclosures Of Reconditioned Or Second-Hand Goods:
A second-hand or used good is a piece of personal property that is being purchased by or otherwise transferred to a second or later end user. A used good can also simply mean the property is no longer in the same condition as it was when transferred to the current owner.
A seller of a second hand goods must clearly state to the consumer that the goods are fairly used. A conspicuous notice must be made stating they have been used.
4 Consumer’s Right To Cancel Advance Reservation, Booking Or Order:
The consumer reserves the right to cancel advance reservation, booking or order for goods and services. This, however, is subject to a service charge. The supplier or service provider may require the consumer to pay a fee upon cancellation but such fee must be fair and not excessive, taking the transaction into consideration. In a situation where the buyer died or is hospitalized, the seller may not impose cancellation fee.
5 Consumer’s Right To Reject Goods:
A consumer has the right to reject goods which are defective and unsafe 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 to examine the goods before purchase and upon delivery, the goods do not match the sample /or description or they do not meet up to the quality as stated in the sales agreement.
Where a consumer returns goods in any of these circumstances the consumer is entitled to a full refund of his or her money.
6 Consumer’s Right To Choose Or Examine Goods:
Consumers must insist on a variety of products and goods to choose from based on personal taste, quality or price.
A consumer should not be compelled to buy products or services he/she does not need. Also, a consumer cannot be held liable for loss and damage of any goods displayed by the supplier, except it’s as a result of the consumer action amounting to recklessness. Where a supply by sample, what is sufficient is that it meets up to the description and not necessarily the sample.
7 Consumer’s Rights To Safe, Good Quality Goods:
Every consumer has the right to receive goods that are suitable for the purpose for which they are generally intended. The supplier must ensure the goods are of good quality and in good working order as well as free from defects. (If the consumer has a specific purpose and has informed the supplier, they must be suitable for that purpose.) The goods must also be useable and durable for a reasonable period of time and comply with any applicable standards set by industry sector regulators.
8 Right To Be Given Adequate Information Of Every Transaction:
A consumer must be provided with a written record of every transaction by the undertaking. This record should contain the business details of the seller, the full details of the transaction, tax payable etc.
9 Right Not To Be Given A Condition Before Making A Purchase:
A consumer must not be given a condition to fulfill first before entering into any transaction or to deprive him of a right or set aside any provision of this Act.
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Procedures For Handling Complaints
Once the right of a consumer has been beached, FCCPC, by its mandate, receives and looks into consumer complaints in a bid to ensure speedy redress for complainants. A consumer who uses products or services expects to get value from them and when this expectation is not met, or any of the above rights are breached, it gives rise to complaints which are to be addressed.
In order for FCCPC to address a complaint, the complainant must have initially engaged the provider of services or products. If not satisfied, the complainant can then file a complaint with FCCPC. This may either be in hard copy and delivered to the FCCPC offices or by soft copy through the website portal or email of FCCPC.
The complaint must clearly state the following:
(1) The party complained against, with the correct address,
(2) The amount involved,
(3) The expected redress,
(4) Attachment of proof of transaction and any other documents to support the consumer’s claim.
All these will help FCCPC with the process of redress. If a valid complaint is established, the process of redress would be carried out. In a situation where a complaint was received electronically, an immediate acknowledgment would be received.
If the consumer’s complaint was received in hard copy, he or she should expect to get an acknowledgment within 2 working days.
A complaint could be resolved immediately or take much more time depending on the nature of the complaint. Complaints require a response from the provider of products and services which FCCPC will request for.
Getting a redress from FCCPC has a time frame of between one (1) day and forty-five days (45) days. However, some exceptions may exist beyond this time frame.
Eloghene Adaka Esq is a weekly columnist on Legal Corner with NIGER DELTA TODAY (NDT). She can be reached at adakaelo@gmail.com for further clarification or questions on legal issues.
