11No. 14
Consumer Protection
8.-( I) Any competent authority shall constitute consumer contracts
or agreements in favour of and far the benefit of a .:;consumer where
the contract is unfair or ambiguous.
(2) The Council or any other competent authority shall closely
regulate and control abusive, unfair, dumping, restrictive, harmful or
anti-competitive trade or business practices or contract terms or
clauses.
(3) Contractual clauses or stipulations shall have no, effect where
they purport to, or in fact
(a) exempt, exclude, reduce or limit the responsibility or liability of
a supplier or trader far a defect, deficiency, inadequacy or efficacy of
any nature of the technology or goods supplied or the services
rendered;
(b) imply a waiver of the rights, freedoms or liabilities vested in the
consumer pursuant to, this Act or any other written law and limit the
exercise of the rights, freedoms and liberties of the consumer;
Beneficial
interpretation
.'
(c) place, shift or reverse the burden of proof against the consumer
far a defect, deficiency, inadequacy or efficacy which is not
immediately apparent to, the consumer;
(d) authorize the supplier or trader to unilaterally cancel, repudiate
or rescind the contract except where this power is vested in the trader
or supplier in the case of postal or sample sales; or
(e) create contractual terms and conditions, which are unfair,
unconscionable, inequitable, oppressive or unreasonable to consumers
or are actuated by bad faith.
9. A person who engages, causes or coerces another person to, be
engaged in pyramid selling or betting commits an offence.
Pyramid selling or
betting prohibited
PART III-ADMINISTRATION
10.-(1) There is hereby established a body to be known as the
Consumer Protection Council which shall
(a) be a body corporate with perpetual succession and a common seal;
(b) in its corporate name, be capable of suing and being sued;
(c) be capable of holding, purchasing or otherwise acquiring, charging
and disposing of any property, moveable or immoveable, for the
purpose, or in the course of carrying out its
functions;
(d) have the powers of borrowing and lending money; and (e) be
capable of doing or performing all such acts and activities bodies
corporate may by law do, and perform.
(2) The Council shall consist of
(a) the following members appointed by the Minister
Establishment of the
Consumer Protection
Council