The Ministry of Economy confirmed to «Emirates Today» that any consumer has the right to resort to the judiciary and file a case against any company and obtain compensation as a result of direct damage to him, in the event the company sold a commodity or service in which a manufacturing defect has the right to damage as a result of using the good or service .

The Ministry of Economy, in cooperation with the producing companies, had withdrawn and recovered 258,141 defective goods and products during 2019 from the state’s markets, through 107 cases of service, maintenance and safety summons.

Also, 9,151 cups were withdrawn from the Swedish company, "Ikea", on suspicion that it contained high levels of chemicals.

Resort to justice

In detail, the director of the Consumer Protection Department at the Ministry of Economy, Dr. Hashem Al-Nuaimi, said that “any consumer in the UAE has the right to resort to the judiciary, and to file a case against any company, as a result of direct damage to him in the event the company sells a commodity or service that includes a manufacturing defect I was damaged as a result of using this good or service. ”

He added, "The consumer has the right to obtain compensation from any company, in case he is exposed to damage as a result of using the defective commodity, and the judge is the only one who has the authority to determine the amount of damage, to determine the value of compensation due to the consumer."

The right to compensation

Al-Nuaimi said that «the right to compensation is linked to the occurrence of direct harm to the consumer, as a result of using a defective commodity or service, and not merely because there is a defect or defect in a particular commodity without causing damage as a result of its use.

He pointed out that companies are quick to announce summonses in the event of a defect or defect in their products, to alert consumers, stop using the commodity, quickly withdraw from the markets, and make the necessary reforms in them instead of having to pay large financial compensation that exposes them to a difficult financial situation, and the loss of their market reputation .

He stressed that the refund of the price of the defective commodity to the consumer is seen as a form of compensation to the consumer in the absence of direct damage to it.

consumer protection

Al-Naimi stressed that the Consumer Protection Law No. (24) of 2006 currently in force and its executive regulations include many articles that protect the consumer's right, and that he will not be harmed as a result of using a specific good or service.

He said that «the current law stipulates the consumer’s right to compensation for personal or material damages, according to the general rules in force, and any agreement to the contrary is null and void. It also stipulated that the Consumer Protection Department has the legal capacity to represent the consumer before the judiciary and any other bodies decided by law, without prejudice to the right of the parties to resort to the judiciary, to initiate any settlement related to consumer rights, with the permissibility of its decisions of the Minister ».

Refund the item

He added that «the law stipulated that the supplier of the commodity be obligated to return or exchange it, and that the supplier may not offer, provide, promote, or advertise any commodity or service that is deceptive, corrupt, or misleading, so as to cause harm to the interest or health of the consumer in normal use. ».

He pointed out that the law also stipulates that the provider is responsible for damage resulting from the use or consumption of the commodity, as well as the failure to provide guarantees declared or agreed upon with the consumer, with the provision in the section of penalties for a fine of 10 thousand dirhams, if the provider does not warn The risk of using the good or service in an apparent manner, and as a result of that, is harm, without prejudice to any more severe penalty stipulated by another law.

Al-Naimi stressed that the executive regulations of the law stipulated the right to protection from products, production processes and services that constitute harm to health and safety, and the right of the consumer to compensation, and to a just settlement of his legitimate demands, including compensation for bad goods, or unsatisfactory service, or any Practices harmful to the consumer.

Mandatory reporting

Al-Nuaimi pointed to the obligation of the commodity provider's regulation to notify the Consumer Protection Department in writing, within a period not exceeding 14 days, of any case of recovery of a commodity, while requiring the supplier in the event of a commodity recovery to replace, repair or return its price, or to replace or repair the defective part without compensation. And without regard to the warranty period granted, according to the type of the commodity, the nature of the commodity, and the type of defect found in it, and that the supplier bear the costs of transporting the defective commodity and the costs of sending technicians to replace or repair the defective part, and all the costs involved in recovering the commodity.

Refund at the supplier's expense

The director of the Consumer Protection Department at the Ministry of Economy, Dr. Hashem Al-Nuaimi, said that the executive regulations of the Consumer Protection Law stipulated the administration’s right to take recovery procedures for defective goods at the provider’s expense, based on a decision from the Minister, and in coordination with the relevant authorities, in specific cases, namely failure to The supplier's commodity recovery procedures, and the supplier's delay or delay in carrying out recovery procedures in cases where it is believed that there are risks or potential harm to consumers of the defective commodity, as well as difficulty in identifying, or accessing the supplier of the commodity ».

Eligibility for compensation

The director of the Consumer Protection Department at the Ministry of Economy, Dr. Hashem Al-Nuaimi, presented examples of eligibility for compensation, such as a consumer’s accident in a car accident as a result of a factory defect or malfunction, such as an engine or brake, or causing a food commodity that a consumer consumed with a direct negative impact on his health , As a result of the company not withdrawing the commodity, or concealing the existence of the defect and not announcing it. He pointed out that several companies in global markets raised compensation cases in the millions of dollars, and consumers were able to earn them as a result of damage to them from using a commodity.

The consumer has the right to file a lawsuit against any company, as a result of direct damage to it.

The Consumer Protection Law provides for the consumer's right to compensation for damages.