Chapter-3 Liability of Parties Associated to Marketing of Goods or Services

Chapter-3 Liability of Parties Associated to Marketing of Goods or Services

  1. Liability of producer: (1) While producing goods or services, the producer shall have to fulfill the following liabilities, in addition to the liabilities to be fulfilled under the prevailing laws:

(a)       to produce quality goods or services,

(b)        to determine the label of the goods,

(c)        to specify the matters referred to in Section 6 on the label,

 (d)       not to produce defective product,

(e)        to collect and destroy the goods produced by him or her if it is informed that such goods remain in the market upon having been defectively produced,

 (f)        to provide reasonable compensation if any kind of damage is caused to the consumer due to the manufacture of goods and service,

  (g)        not to make wrong or misleading advertisement or publicity of the goods or services,

 (h)        to provide the consumer with information as to the quantity, ingredients or percentage of the substances contained in the goods made of or produced with the mixture of two or more than two substances.

   (i)         to fulfill such other conditions as prescribed by the law.

                        (2)        If the liability pursuant to sub-section (1) is not fulfilled or any fault, deficiency and defect occurs in the process of production, construction, refinement, design, formula, preparation, import, packing, labeling, and harm and injury is caused to anyone’s body, life, property after using such goods or services, the producer of such goods or services shall be responsible for such harm and injury and shall have the liability to provide compensation for the same.

                        Provided that,

    (a)        it must be the actual producer of the goods or services, the use of which causes harm and injury,

   (b)        direct cause must be established that harm and injury is caused with the consumption or use of the goods or services as claimed for causing such harm and injury.

  1. Liability of importer: (1) While importing goods, the importer shall have to fulfill the following liabilities, in addition to the liabilities to be fulfilled under law:

    (a)        to import without exceeding or making different from the cost price,

   (b)        to provide details of the goods relating to the imported goods when so demanded by the concerned agency or official,

   (c)       not to import the goods prohibited to be imported under the prevailing law,

(d)       to fulfill such other liabilities as prescribed.

                        (2)        Notwithstanding anything contained in sub-section (1), except for the provision made otherwise as per the quality or nature of any goods, the goods shall be forbidden to be imported which are not supposed to or cannot be used after six months from the date of being imported or which cannot be used after the expiry of such period.

                        (3)        If anyone imports the goods without specifying the matters to be specified on the label, and if harm and injury is caused to anybody due to the use of such goods, the importer shall be responsible for such harm and injury and be liable to provide compensation for the same.

  1. Liability of carrier: The carrier shall have to fulfill the following liabilities, in addition to the liabilities to be fulfilled under law:

   (a)       to transport within the determined time period as per the nature of the goods to be imported,

   (b)        to prevent degradation in the quality of goods while transporting,

   (c)        to completely abide by the safety arrangement and the conditions to be abided by as prescribed, while transporting,

   (d)       to provide the details of the goods when the concerned agency or official so demands,

  (e)        to fulfill such other liabilities as prescribed.

  1. Liability of hoarder: The hoarder who hoards the goods shall have to fulfill the following liabilities in addition to the liabilities to be fulfilled under the prevailing law:

   (a)        to exercise care as per the nature of the goods while hoarding such goods,

   (b)        to hoard upon adopting safety measures as prescribed so as to prevent degradation in the quality as per the type or nature of the goods, and not to do any act that may cause degradation in the quality of goods,

  (c)        not to change or replace the label or details specified by the producer,

   (d)       to provide the details of the goods related to the hoarding of the goods when the concerned agency or the official so demands,

  (e)        to adopt safety measures as prescribed,

 (f)        to fulfill other liabilities as prescribed.

  1. Liability of seller: The seller who sells the goods shall have to fulfill the following liabilities, in addition to the liabilities to be fulfilled under the law:

(a)        to sell the goods to the consumers without discrimination,

 (b)        to safely keep and safely sell the goods as per the type or nature by preventing degradation,

 (c)        to keep price list of the goods so that it is clearly seen and understood by general people,

 (d)       to provide storage or details of the goods remained with him or her when the concerned agency or official so demands,

 (e)        to abide by the provision of guarantee or warranty, if any, in the goods,

 (f)        to sell the goods to the customers on a first-come-first-served basis,

 (g)        to give the bill or receipt on selling the goods,

  (h)        to fulfill other liabilities as prescribed.

  1. Liability of service provider: The service provider providing service to the consumer shall have to fulfill the following liabilities, in addition to the liabilities to be fulfilled under the law:

  (a)        to provide the consumer with the service without discrimination,

  (b)        to keep nature of the service to be provided and the list of the price to be paid by the consumers for such service received, at the place visible to everyone, so that it is clearly understood by the general people,

  (c)        to provide the details and documents related to the service to be provided when the concerned agency or official so demands,

 (d)       to provide the service to the customer on a first-come-first-served basis,

  (e)        to give the bill or receipt after receiving the amount for the service provided to the consumer,

  (f)        to fulfill such other liabilities as prescribed.

  1. To determine level of market: For the purpose of protecting the rights of consumers, managing the market in accordance with the market rule and making market fair and transparent, the levels of market involved in taking the prescribed goods or services from the producer or importer to the final consumer shall be as prescribed.
  2. To return goods: (1) If anyone wishes to return, being dissatisfied with, any goods purchased from the seller, he or she may return it to the seller within seven days or take other similar goods equal to that price or the payment of the amount which was paid while purchasing such goods.

            (2) While returning the goods pursuant to sub-section (1), the seller shall not be allowed to make deduction in the price or take any kind of additional charge.

            (3) While returning the goods pursuant to sub-section (1), the bill or receipt given by the seller at the time of purchasing such goods shall have to be produced.

            (4) Notwithstanding anything contained in sub-section (1), no goods may be returned or taken as replacement in the following circumstances:

  (a)       if the quality or quantity of such goods is altered by the purchaser after the purchase,

  (b)       in the case of the goods of such nature that they must be used within the certain deadline, such deadline has already expired,

  (c)       in the case of the goods of such nature as being rotten, overripe, such as milk, fruits, fish, meat, in case they are not consumed instantly,

  (d)       if the purchased goods are already used,

   (e)       if the seal is broken off in the case of sealed goods.

            (5) Notwithstanding anything contained elsewhere in this Section, in the case of sealed goods, such goods may be returned within fifteen days, in the unbroken condition of the seal, or other similar goods equal to the same price may be taken instead of such goods.

  1. To keep bill or invoice: (1) The importer, carrier, hoarder and seller shall have to keep with them the producer or purchase bill or invoice of the goods or services purchased for the purpose of sale.

                        (2) The bill or invoice shall have to be shown at the time when the concerned official so demands.