civil law

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December 04, 2019

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Consumer protection has recently gained much consideration in one of the principal territories. The protection granted to shield buyers against corrupt practices of sellers in all phases of distribution of products.

Unfortunately, misrepresentation or fraud influences all individuals regardless of their gender, age or another factor. In the event that you get yourself trapped in a fraud, it is vital to report it under the said laws before relevant authority

Consequently, Lawyers of Dubai has initiated this step to inform our readers about the laws pertaining to the protection of consumer rights in the UAE and the procedure to file a complaint in such regards.

The United Arab Emirates has seen, in the last few decades, enormous financial advancement that drove it to turn into an appealing spot for doing or investing in a business.

Especially, since a decade, UAE is considered as one of the worlds fastest developing nations in tourism and investment, bearing in mind the expo 2020. Regardless of the majority of the positive financial realities referenced above, numerous issues have risen, for example, financial transparency, which prompted an expansion in the number of worldwide organizations offering merchandise which prompted a flare-up of fake goods. For instance, a few items are imported by organizations that fail to meet the quality, wellbeing, or execution benchmarks compared to the one used in exporting country.

These reasons have set immense weight both on federal and local governments to take genuine strides to guarantee that customers are getting a satisfactory dimension of assurance in the nation. These means were exhibited by issuing new laws and guidelines and setting up government and other establishments to screen the implementation of authorized laws for consumer protection.

UAE Consumer Protection Regime

The consumer protection law in the UAE is separated into two dimensions, federal and local considering the legal structure in the UAE. Therefore, consumer assurance has been secured under two extents of power.

Generally, federal law entails establishments and bodies that pursue the bureaucratic arrangement of the nation and is applicable in all the Emirates at a federal level. Then again, local laws are expert and bodies which connected in the relevant Emirate and did not apply in another Emirate.The administration of the UAE has furnished customers with two sorts of insurance that is legal and administrative. The legal security implements purchaser assurance laws that came into existence in 2006 and regulatory or administrative assurance assigns explicit concerned about customers issues. Until 2006, there was no law on any level to settle issues, and difficulties could emerge among customers and vendors.

Subsequently, provisions under civil or criminal law govern the very relationship issues between consumers and vendors. Henceforth, the legal framework in the UAE was unfit to adapt to the multifaceted commercial transaction between parties, which resulted in its powerlessness to settle and screen all violations committed by maverick traders.

In 2006, the government of UAE issued Federal Law Number 24 of 2006 regarding Consumer Protection and Cabinet of Ministers Resolution 12 of 2007 as an Executive Resolution aiding the best possible usage of the Consumer Protection Law. The Law outlines the rights and commitments of the vendor while securing any merchandise and in this manner features the measures to scrimmage with unlawful business exercises hampering the market status and the said relationship.

In accordance with Article 16 of the Consumer Protection Law, any consumer is entitled to seek compensation for any sort of damage incurred according to the administrative rules mentioned in the Resolution, and any provisions contrary to such protection shall be deemed invalid. Having said that, the Resolution accommodates following rights of the consumer:

i. To get compensation against destructive products or services.

ii. Right to get complete pertinent actualities about the item which may affect his basic decision

iii. Right to pick between elective items

iv. Right to offer his conclusion and enthusiasm with respect to the item before the authority or non-official bodies

v. Right to satisfy his own needs

vi. Right to look for satisfactory pay for the harms brought about by the shopper while using the item or administration.

In accordance with Chapter six of the Law, any violator shall be punished with a penalty of not less than one thousand Dirhams and any ongoing failure to adhere with the provisions of the Law, a fine of AED 10,000 (UAE Dirhams ten thousand) shall be inflicted. Article 19 of the Law authorizes the competent court to seize or destruct the defective product.

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