Consumer protection in Ghana — who cares?

By Doreen Allotey

MANY of us are so familiar with the popular notice posted in some shops which boldly states : Goods sold are not returnable, to the extent that we seem to take it as one of the principles in commerce.
The notice is courageously displayed in all manner of shops — big, small, local or foreign owned. And it comes with no qualification. The vendor would not take back a product purchased even if the flaw is detected immediately after the purchase.
We live in a society where the majority of us do not know our rights as consumers. As a result, we are always short-changed or cheated. Otherwise how can this notice — goods sold are not returnable— which presupposes that the vendor knows that there is a high probability that the goods on sale may not meet the customers’ satisfaction and may be returned, be allowed to stay!
The cheating of consumers does not only have to do with the purchase of goods; it extends to the provision of unsatisfactory services— services provided by individuals, institutions and public corporations including our hospitals.
This phenomenon has invariably affected our quality of life as a people since we do not get value for our money. The most worrisome part of it is the effect of such attitude on our health, especially because of fake drugs, wrong labelling, no labelling at all and ambiguous expiry dates. It is easy to know when unfair pricing, in fact obscene overpricing, has taken place. One only needs to walk one block away from a shop to find the same item manufactured by the same supplier commanding markedly different prices.
In some instances the vendor will sell at more than 100 per cent mark-up with the mentality that the seller may be lucky to meet a consumer who may be deceived.
In our local markets, this display of unfair treatment by traders who refuse to replace defective products can be carried to the extreme. They may, according to how they feel, grudgingly give you a replacement after they have tossed you back and forth. If you try to exchange an item in the morning, the excuse is that if the item is exchanged all customers will “misbehave” towards them that day.
Consumers suffer from many other unjust practices. A typical example is when traders dishonestly pass inferior products off as originals. The quality of consumer items with international brand names such as Rolex and Pierre Cardin and some designer goods such as Fendi, Dolce and Gabbana (D&G) which are imported from the Far East cannot be assured. Yet the vendor would not explain to the ignorant consumer issues about durability, reliability and even functionality. Vendors are also fond of making unsubstantiated claims about their wares. They are not alone in this. Even some reputable manufacturers and distributors of medicinal preparations and food products exaggerate the benefits one can derive from the use of their products. These benefits have never been proven but by repeatedly stating the “goodness” through advertisements and promotions the consumer is swayed into buying such items.
The safety of items, especially of products that are consumed and electrical gadgets such as kitchen equipment is important to all households. That is why they must be adequately labelled. For food items and drugs, the ingredients and date by which they should have been consumed should be stated clearly in a language that the consumer understands.
In the case of gadgets, an instructional manual directing/explaining their operations must be provided. But how many times are these conditions adhered to? Gadgets are sold without a competent technician demonstrating their use to the customer. There are many other examples where the customer is blatantly cheated. Pricing of utilities such as electricity, water and telephone services are the most common. Customers have the perception that the formula for calculating the electricity bill which households receive is a fraud. It contains an element termed “street lighting” which is charged irrespective of the fact that many streets are in perpetual darkness. Worst of all is the frequent power fluctuations causing damage to equipment and spoiling food items being kept in freezers. The story about water is a vexatious one. Customers who continuously have dry taps are given bills. Mobile networks charge and provide poor connectivity yet this is becoming acceptable. The question is : What consequences do the providers suffer?
To protect the consumer, most governments the world over have set up regulatory bodies to protect the interests of consumers and to ensure that the standards and the ethics of a particular sector are maintained. Thus, there used to be the Prices and Incomes Board to regulate prices. What has caused the demise of this body? There are some regulatory authorities in the country. These include the Public Regulatory Commission (PURC), the Energy Commission, Environmental Protection Agency, Ghana Tourist Board, Food and Drugs Board, National Petroleum Authority and Forestry Commission.
The Ghana Standards Board ensures standards for products which have its certification mark, but what about others?
The hard fact remains that there is no real consumer protection in the country. As a result, unsatisfied consumers resort to the letters columns of newspapers to make complaints hoping that they would get some redress. Consumer protection societies which operate on the same principles as civil societies are very strong in some advanced countries. They form the front-line vanguard for protecting consumer rights. Attempts were made about a decade ago with the collaboration of the Ghana Standards Board, to form a Ghana Consumer Society . Once a while mention is made in the media of this civil organisation. It is, however, difficult to see what impact it has made so far in pursuing cases.
In an interview, the Executive Director of the Ghana Standards Board, Mr Adu G. Darkwa, said that the board had been carrying out programmes aimed at creating consumer awareness on things to look out for in detecting goods of questionable character.
He said the board was currently arranging with tertiary institutions, a programme to teach students “ standards” in various disciplines before they graduate.
He explained that standards often provided the basis for national legislation and certification schemes and could, therefore, be effective tools in consumer protection but he made it clear that the board had no mandate to prosecute.

An American civil lawyer called Ralph Nader is usually given credit for raising consumer awareness in America and held as an icon. His efforts have culminated in Consumer Law which is run as a course in higher institutions to the degree level. Some Ghanaian lawyers may have pursued this course but how has that contributed to consumer awareness in this country?
Enquiries about the Ghana Consumer Protection Society from a man who used to be a very active member in the mid-1990s resulted in the answer : " I have lost touch". If it still exists, Ghanaians need it more than ever before since a free market has made the country the dumping site for all kinds of goods, including those of very doubtful character, even from a sheer glimpse of its features.
The government, through its institutions is supposed to play a lead role in protecting consumers through laws, education and advocacy.
The need to encourage strong consumer awareness is now; because our markets are inundated with all sorts of goods .There are real challenges in the marketplace.

The Ministry of Trade and Industry planned a Trade Sector Support programme which was to last from 2006 to 2010. In the executive summary of the programme document, it is spelt out, among other things, the need for consumer protection.
The document states that the purpose of such a consumer protection project is “to create an environment that affords protection to consumers and enhances consumer welfare”.
It further states that to ensure this requires certain outputs which have been outlined as the development of a consumer protection policy, the enactment of a framework law on consumer protection, the establishment of a consumer protection authority and mechanisms and instruments for delivering speedy redress.
Therefore under this project was to be a consumer protection policy and framework law which will lead to the establishment of a Consumer Protection Authority including small claims courts to facilitate consumer redress.
This project has not been undertaken, leaving the consumer in a current state of helplessness.
As we celebrate World Tourism Week, it is obvious that the ministry needs to rededicate itself to this project. Ghanaian consumers and tourists need to be protected.
People are simply taking the rights of consumers for granted. But for now, how about a successfully prosecuted and publicised case of consumer rights abuse in court? That would definitely serve as some form of awareness. It looks like consumers are going to be seeing the notice— Goods once sold are not returnable — for a long time more and the consumer will continue to be given a raw deal. This situation definitely needs to change.