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Introduction
1. This Act provides for the establishment and protection
of the rights of consumers. This Act shall be cited as the “Consumer
Protection Act"
Provision against subjecting consumers to unfair discrimination
2. Unless
otherwise specifically provided by any other law, consumers shall
not be unfairly discriminated by sellers in the course of selling
of goods or by service providers in the provision of services. It
shall be an offensive not to sell goods to any particular party
or provide services to a particular party.
Circumstances in which goods may be hoarded
3. It shall be prohibited, except under the circumstances
provided below, to hoard commercial goods in order to prevent its
sale to a buyer.
a) Prohibition of sale of such goods by law.
b) Being in possession of permission from the Ministry of Trade
and Industries to temporarily hoard the goods in order to carry
out stock accounting or similar purposes.
c) Sale of goods in a reasonable quantity to a buyer on any given
occasion.
d) Request to buy goods from a wholesaler in a quantity lesser than
which is offered by the wholesaler.
Display of prices of goods
4. Except in respect of goods exempted by the Ministry
of Trade and Industries, the retail prices shall be affixed to commercial
goods sold in retail, and the wholesale prices shall be affixed
to commercial goods sold in wholesale. Such prices shall be affixed
to the goods or displayed in the place where the goods are sold,
in a manner clearly visible to buyers. Goods shall not be sold to
a buyer at a higher price than which is affixed to the goods or
displayed in such place.
Selling of goods without any conditions except the requirement to
make payment
5. It shall be prohibited to offer commercial goods for sale or
to sell commercial goods subject to a condition requiring the purchase
of any other goods or to any other condition other than the condition
that the buyer shall pay the price of such good. This section does
not prevent the sale items of same or various descriptions where
packed together by the manufacturer or supplier of the goods to
be so displayed for their sale, or where a particular item of goods
is available for sale in a single unit, the sale of such goods packed
together with items of various other descriptions.
Display of rates and conditions of services
6. (a) The rates of a service rendered by a service provider and
conditions of a particular service, where such service is provided
under specific conditions, shall be displayed in Dhivehi Language,
in a clearly visible manner, at the place where the service is provided.
Or a document containing such details shall be made available at
the request of the seekers of such service.
(b) Where a form for request of services is in foreign language,
arrangements shall be made for the form to be completed in Dhivehi
Language as well.
Control of prices
7. (a) Based upon the availability of certain commercial
goods in the Maldives or the economic conditions of the country,
where it is found by the Ministry of Trade and Industries that prices
of such goods be controlled, the Ministry shall have the discretion
to control the price of those goods and to vary the controlled price
in respect of various regions of the country taking into account,
the costs involved in the carriage of such goods to those regions.
(b) Based upon the necessity of a service given in the Maldives
or the economic condition of the country, where it is found by the
Ministry relevant to such service that the rates of the service
be controlled, such Ministry shall have the discretion to control
the rates of the services and to vary the controlled rates in respect
of the various regions of the country taking into account, the costs
involved in the provision of such services.
(c) It shall be prohibited to sell goods, the prices of which have
been controlled under sub-section (a) of this Section for an amount
exceeding the controlled price, and to provide services, the rates
of which have been controlled under sub-section (b) of this Section
for an amount exceeding the controlled rates.
Acts prohibited in relation to sale of goods, provision of services
and their advertisements
8. It shall be prohibited to commit or cause the commission
of the following acts orally or by visible representation in relation
to the sale of goods; the delivery of goods for its sale; the provision
of services; or the advertisement of goods or services.
a) To sell by misrepresentation, goods other than those requested
by the buyer or to provide by misrepresentation, a service other
than which was requested by a seeker of service.
b) To falsely state or represent that goods are of a particular
quality, description or model.
c) To falsely state that services are of a particular standard.
d) To falsely state or represent that goods are new or unused.
e) To falsely state or represent that sellers or service providers
have approval or affiliation to a particular party or that the goods
are manufactured by a certain party.
f) To falsely state or represent or express in a manner that could
cause a mistaken belief, that prices of goods or rates of services
have been reduced.
g) To falsely state or express in a manner that could cause a mistaken
belief, the use of goods or services were available when they were
not.
h) To falsely state or represent or express in a manner that could
cause a mistaken belief, the benefits available under a warranty
or guarantee of goods.
Communicating defect of goods prior to sale
9. Where commercial goods are damaged or not fit for the
purpose, the buyer shall be informed of such defect prior to the
sale of such goods.
Presentation and testing of goods
10. Where the buyer requests to test and examine any commercial
goods so as to ascertain if such goods are not damaged or defective,
such goods shall be presented to the buyer for examination and where
such goods can be subjected to a test, such test shall be performed
in the presence of the buyer.
Knowing of defect after buying
11. Where no agreement has been entered into between the
seller and the buyer as regards dissolution of the transaction of
sale, the buyer shall, upon finding within 24 hours that the goods
bought were defective and after giving the details of the defect
to the seller, have the right to reclaim the price of the goods
bought or the same type of goods in exchange and return the goods.
Display of details and periods of use of packaged items
12. The type, ingredients, weights, quantity, date of manufacture,
date of expiry and directions of use, shall be marked in accordance
with the regulations determined by the Ministry of Trade and Industries
on items of good either imported into the Maldives or goods manufactured
in the Maldives in packages, cans, bottles or in boxes.
13. It shall be prohibited to display goods for sale in a place
where such goods are sold or to sell goods after the expiry of the
period of use of such goods and to display in places where it is
sold, any goods which have been perished or contaminated to the
extent injurious to human consumption.
Provision of receipt
14. Every seller who sells any commercial goods or service
provider who provides any service shall, on demand, issue to the
buyer or service seeker, a receipt containing the following details.
(1) name, amount and type of the goods or services.
(2) price of goods or rate of service.
(3) the date on which the goods were sold or services were provided.
(4) full name and address of the seller or service provider.
Formulation and enforcement of regulations
15. (a) All regulations which are required to be made under
this Act shall be formulated and enforced by a party or parties
appointed by the President.
(b) The relevant Ministries of the Government shall have the discretion
to ensure whether the sellers and service providers comply with
the provisions of this Act and regulations made under it.
Penalty
16. (a) the relevant Ministries of the Government shall
have the discretion to fine a party who commits an offence prescribed
in this Act or who commits an act in default of a provision of this
Act, by an amount between Rf 500/- and Rf 100,000/- on the first
instance, and by an amount between Rf 5000/- and Rf 100,000/- where
such offence is repeated.
(b) Where a party having been fined in accordance with sub-section
(a) of this Section is in default of the period given for remedying
the default, or where an offence is repeated, the relevant Ministries
of the Government shall have the discretion to close the establishment
for a period not exceeding sic months or to suspend the license
granted to such establishment for a period not exceeding six months,
in addition to the imposition of the fine prescribed in sub-section
(a) of this Section.
Exemption
17.
Any sale by auction shall be exempted from the provisions of this
Act.
Definition
18. In this Act:
a) “Service” means any service rendered for a price.
b) “Commercial” means goods displayed for the purpose
of sale in a place where such goods are sold
c) “Hoarding of goods” means the denial of possession
of goods while keeping them in possession, or denial of sale of
goods at prices for which such goods are generally available for
sale on a commercial basis, or the denial of sale of commercial
goods to desirous buyers while keeping them in display at a shop
or any other place.
d) “Warranty or guarantee” means a document issued by
the manufacturer or seller of goods stating that the goods sold
are of a particular quality, or durable for a certain period, or
that the goods will be replaced or repaired without any additional
charge during the guaranteed period of durability.
Repeal
19.
Upon the coming into force of this Act, Law No: 57/78 (Law relating
to the hoardings of goods and controlling of prices of various goods)
shall be repealed.
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Maldives
Islands 
