It’s a Bill the government hopes will cut down on the everyday occurrence of Bahamians being duped by unscrupulous merchants and business suppliers.
The Unfair Terms in Consumer Contracts Bill, 2003 would update the country’s present law as it relates to consumer protection, according to the government.
Trade and Industry Minister Leslie Miller told parliamentarians Wednesday that given the many unfair practices against consumers, the Bill is both timely and necessary.
According to Mr. Miller, one of the biggest complaints his ministry has had to deal with is dishonest car mechanics and small building contractors who take advantage of unsuspecting females, particularly single mothers.
“Some contractors would take a deposit and then simply walk away,” he said.
He said that in one instance, a woman gave a man an $82,000 advancement for the construction of a $106,000 duplex. The roof was just about to go on, he said, when the contractor indicated that he needed more money to pay his daughter’s school fee.
After providing him with the additional funds, the man left the project in December and never returned, according to Minister Miller.
What was worse, he said, was that during a meeting with both parties, the contractor simply said if the woman were to give him more money, he would attempt to finish the house.
Mr. Miller said that equally disturbing are those complaints from persons who have paid for certain amenities to be completed, and the finished work is sometimes second or fifth rate.
In addition to the Bill now before Parliament, Mr. Miller said his ministry is also in the process of presenting two other Bills – the Standards Bureau Bill and the Consumer Protection Bill – to further protect consumers.
The proposed law, Mr. Miller said, would be a wasted effort, if it is to stand alone.
“The normal recourse in many of these cases is to go to court, but the normal result is often that little or nothing is done,” he said. “So, unless mandatory jail term is enacted in all our consumer legislation, we are simply wasting our time. Nothing is going to happen unless the unscrupulous merchant is made aware of the fact that he must pay for taking advantage of consumers.”
Also contributing to debate on the Bill was Minister of Financial Services and Investments, Allyson Maynard-Gibson who told House members that the legislation would relate to both existing and future contracts, except where the terms are individually negotiated.
It also gives protection to on-line consumers, she pointed out.
There is an obligation on the supplier to ensure that his contract is in plain and intelligible language, she said.
She added that where this is not the case, an interpretation will be made in favour of the consumer.
The Bill does not apply to employment contracts.
By Macushla Pinder, The Bahama Journal
