Today, when every other day media is bringing out new stories of sub standard foods and sweets in the market, the issue is getting fire highlights everywhere- in shops, transportations, office, schools, vegetable markets, family and friend gathering and so on. People are feeling guilty over having eaten those food in the past or have gifted it to others. From one sweet shop to several shops, the investigation is moving to sweet and sour candies (titaura) and so on. It won’t be surprising if we see other items of day to day use in the future. It seems like everything in the market is of poor quality, it is just that the investigation team has not reached them. Each have a bitter feeling within themselves, and it is worthless to mention how bad this issue it is.
Along with the issue, it is important to understand what could be the most appropriate penalties those people could get. As a responsible citizen, people need to fight against violation of their consumer protection rights. As such, it is important to understand what the laws speak in terms of consumer protection. Here I am highlighting how Consumer Protection Act 2054 has defined several penalties for those who practice sub standard consumer goods.
Penalties provision for consumer protection
Any person who takes or instigates others to take any of the following actions shall be punished as follows, depending on the degree of his offense:
- any person who shall influence the demand, supply and price of any consumer good or service by fixing the quota of raw materials needed for any consumer good, or reducing the production of any consumer good, or taking any other similar actions and/or by hoarding any consumer good or service or otherwise creating an artificial shortage, or selling and supplying such good or service at specified times or places only, or taking any other similar actions shall be punished with imprisonment for a term not exceeding three years, or with a fine not exceeding Rs 50,000, or with both.
- one who does not mention Name and address of the producer, and registration number of the industry in the consumer goods shall be punished with imprisonment for a term not exceeding two years, or with a fine not exceeding Rs 30,000 or with both.
- Any person who produce, sell, supply, export or import a sub-standard consumer good shall be punished with imprisonment for a term not exceeding three years, or with a fine not exceeding Rs 50,000, or with both
- Any person who imitates any consumer good in such a manner as to mislead consumers, or sells or supplies any consumer good or service by making false or misleading claim that it is another consumer good or service, or by describing a sub-standard consumer good or service as of high standard, or produces, sells, supplies, export or import a sub-standard consumer good or produce, sell or supply any consumer good or service which is likely to harm consumers’ health shall be punished with imprisonment for a term not exceeding five years, or with a fine not exceeding Rs 100,000, or with both.
- Anyone who produce, sell or supply any consumer good or service which is likely to harm consumers’ health, the person will be punished as follows:
- If there is a threat to life, for a term not exceeding 14 years, or with a fine not exceeding Rs 500,000, or with both.
- In case the strength of any organ of the body is likely to be reduced or lost, with imprisonment for a term not exceeding 10 years, or with a fine not exceeding Rs. 500,000, or with both.
- In other circumstances, with imprisonment for a term not exceeding 5 years, or with a fine not exceeding Rs 300,000, or with both.
- Any person who takes or instigates others to take any action, other than those mentioned above, which violates this act or the rules framed under this act shall be punished with imprisonment for a term not exceeding two years, or with a fine not exceeding Rs 200,000, or with both.