IT’S IMPERATIVE TO “KNOW YOUR RIGHTS”

Nov 22, 2015 AFC Column, Features / Columnists

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Far too many Guyanese are unaware that they have recourse to a Department of Government specially designed to intervene on their behalf, whenever any of the rights that are accorded to them under the laws of Guyana are breached.  This Department is the Consumer Affairs Division (CAD) that operates under the umbrella of the Ministry of Tourism.
The rights of Consumers are detailed in the Consumer Affairs Act 2011 which outlines in simple terms the responsibilities of both the Supplier and the Purchaser of any goods or services.  If or whenever a consumer is dissatisfied with the performance or appearance of a purchase, be it food; electronics/appliances; furnishing; tools; construction materials; interior or exterior décor; clothing or any sundry item such as umbrellas, cookware or jewellery, they have the right to return it to the place of purchase and seek redress.
As is so often the case, if the vendor is reluctant or refuses to address the customer’s complaint, they do have recourse to the Consumer Affairs Division which is now located at Colgrain House on Camp St., Georgetown.
The CAD then takes up the mantle and begins their intervention as a mediator with one aim, i.e. to resolve the matter to the satisfaction of both parties.
This Division has been in existence for more than 25 years, but its services have not been fully utilized for an assortment of reasons.  More than over 60 percent of Guyanese were unaware of its existence, many had no confidence in the division’s ability to resolve their purchasing issues, and the prevailing socio-political climate prior to May 2015 dulled the effectiveness of the division.
In short, Consumers’ rights were significantly eroded and they could get little effective support from the CAD, the Guyana Consumers Association and other non-governmental organizations.
This has changed!  Consumers now have an empowered Mediator in the CAD and their rights are already being effectively addressed.  This department is getting ready to launch a country-wide sensitization campaign to apprise citizens of its existence and its capacity to resolve their issues fairly.
The campaign will first take a “Know Your Rights” format then move into addressing specific aspects of the relationships between consumers (purchasers) and vendors (suppliers).  It will inform consumers about the do’s and don’ts of certain means of purchase e.g. buying items online and via local hire purchase and layaway agreements.
The campaign is carefully shaped to give consumers at least a basic understanding of their inalienable rights which should improve their ability to make informed decisions.  It is geared to empower consumers and give them sufficient confidence to insist on accepting only the goods that will serve their purposes. The campaign also highlights unusual circumstances and their (consumers’) rights to get redress to which they are entitled.
This broad consumer rights platform also has benefits for business owners and operators.  One major benefit for Suppliers is that with greater awareness of consumers’ rights, they will be encouraged to remain compliant with the existing law.  It will also enable Suppliers to recognize their priorities and to treat vulnerable customers with decency and compassion.
The messaging for the duration of the campaign will encompass every stage of the process, from product research to post purchase evaluation and performance.  It will also place special attention on those sectors that feature most prominently in the list of complaints reported via the media or directly to the Consumer Affairs Division.
Certain aspects of the awareness campaign will continue and become a key pillar of the CAD’s outreach to Guyanese consumers.  These will take the form of advisories e.g. on purchasing only those products with labels and manuals written in English, and on the benefit of conducting research before purchase.  The advisories will also raise awareness about reading hire purchase agreements before signing, and the dangers of impulse buying.

CONSUMER AFFAIRS ACT 2011
Suppliers’ Responsibilities
Before payment is accepted from a purchaser, the supplier has the responsibility to provide to consumers IN ENGLISH ALL information pertaining to the product, e.g. place(s) of manufacture and assembly, brand, guidelines for installation and hazards.  If a supplier fails to provide all necessary information, and despite the issuance of warranties, he/she will become liable for any damage to the product or damage/injury caused by the product to persons or property.   In fact, this failure is an offence under the law.
Suppliers are also bound under the law to issue receipts which must be printed with ink that remains legible for at least twelve (12) months since they would be used for refunds or legal redress.
Return of goods
Every supplier must comply fully with the principles of Return and Refund.  A consumer may return goods to the place of purchase if the purpose for which the product was bought has changed or ceased to exist.  These goods are deemed to be new and fit for re-sale at the original value.
The Consumer has the responsibility to return the product in its original packaging no later than seven days from the date of purchase if it was not used, tampered with or treated in a manner to cause it damage.
On return, the consumer has the right to select another item of the same value in lieu of a refund, and the supplier may charge a restocking fee that is less than 10% of the purchase price of the returned item.
At no cost to the consumer, the Supplier shall return the receipted payment, or replace the product within 14 days, or repair the defect.  In the case of the latter, the Supplier must provide the consumer with a temporary substitute of comparable value until the consumer’s item is repaired or replaced.
No supplier under any circumstance is allowed to post notices which state that Goods are not Returnable, or that No Refunds would be given for Returned Items.  This is a contravention of the Law.
The Consumer Affairs Division’s campaign will be launched on every information platform in Guyana and will span a wide spectrum of Consumer Rights including:
· The right to Choose
· The right to Safety
· The right to be Informed
· The right to be Heard
· The right to a fair Settlement of Claims
· The right to Consumer Education
· The right to a Healthy Environment
· The right to Redress.
Facebook: Consumer Affairs Division-Guyana
Email: [email protected]

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