As a part of the efforts to address consumer complaints and protect their rights, the Directorate General of Consumer Protection (DGCP) in Al-Batinah North Governorate, replaced a consumer’s newly-bought car with a new one.
As per the details, the DGCP received a complaint from a consumer against a car dealer who reported that his car has certain defects and that he bought the car not later than 15 days, which is the period specified in the law for replacement.
As soon as he received the car, he heard a loud noise coming out of its engine and contacted the car dealer.
The car was examined and the defect was detected.
The car dealer asked the consumer to leave the car for repair, however; he refused to do so.
The consumer filed a complaint to DGCP, who after following the necessary procedures summoned people in charge at the car dealer.
The seller admitted that the car is defective and agreed to replace it with a new one.
What Consumer Protection Law on Consumers’ Rights in Oman states:
Article (14) states:
The right to guarantee the quality of the commodity or service and to acquire the same at the declared price.
The right to all that guarantees the consumer’s health and safety upon acquiring any commodity or receiving any service and safety from damages or harms upon the normal and ordinary use of this commodity or service.
The right to receive fair compensation for damages suffered by the consumer or the property thereof and which results from the procurement or ordinary use of the commodity or the receipt of the service.
The right to represent the interests of the consumer upon the formulation of consumer protection policies.
Article (15)
The consumer shall be entitled to obtain an invoice written in Arabic language proving the purchase of the commodity or the receipt of the service and the invoice shall include the basic information on the commodity or the service and any other information as determined by the regulations.
Article (16)
The customer, within a period of fifteen (15) days of his receipt of any commodity- save consumer items that are readily spoilable - shall be entitled to replace, return or refund the value of the commodity without any additional costs if the such commodity is defective or incompliant with the standard specifications or unfit for the purpose for which the commodity was procured, provided that the consumer shall submit proof of purchase of the commodity from the provider and that the defect is not due to misuse by the consumer of the commodity.
The regulations shall stipulate the type of commodities to which the provisions of this article shall apply.
Article (17)
The consumer, and in all cases, shall be entitled to receive a guarantee from the provider for any commodity and this guarantee shall continue to apply in favor of the last consumer when the ownership of the commodity is transferred thereto and any agreement in contravention of this provision shall be null and void.
Article (18)
The consumer may prove the presence of defects in the commodity by all methods of proof.
Article (25)
The provider shall take back the commodity and refund the price thereof to the consumer or replace or repair the same free of charge in case the consumer discovered that the commodity is defective.
The regulations shall describe the mechanism for returning the commodity and the method for determining the value of the damage and the amount the provider shall refund to the consumer and the time interval during which the consumer is required to return the commodity to the provider.
Article (26)
The provider shall guarantee the repairs and maintenance in accordance with this law and the regulations.
Article (27)
Upon discovering a defect in the commodity or service that is deemed harmful to the consumer or the property thereof, the provider shall halt the trading of the commodity or the offering of the service at once and shall promptly notify the consumers who had purchased the commodity or received the service and the competent bodies of the defect and the potential damages and methods of avoiding such damages and shall immediately recall the defective commodity from the market in the manner contemplated under the regulations.
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