Consumer Rights: Bangladesh Perspective
Consumer Rights: Bangladesh Perspective
In 2009, the government enacted the “Consumers` Right Protection Act, 2009”.Under this law, the ‘Directorate of National consumers` Right Protection’ (DNCRP) was established to implement this law. Thus, this directorate (DNCRP) stated its groundbreaking official journey.
However, the world is moving forward quickly. Our motherland `Bangladesh` is also moving forward rapidly .Over a period of time, the ‘Consumers’ Rights Protection Act, 2009’ as an essential law for the protection of consumer interests has already generated unprecedented response in our country . The main purpose of this law is to protect and develop consumer rights. Disputes arisen due to violation of consumer rights are settled through this Act.
Purpose of Legislation
Although there were some helpful laws to protect consumer rights in our country, these laws were inadequate and outdated. As a result, in order to ensure the protection and preservation of consumer rights, the public-centric and timely legal framework, i.e. consumers` Right Protection. Act, 2009, has been enacted.
The purpose of this law is mainly to protect and develop consumer rights, prevent activities against consumer rights, settle disputes arisen from the violation of consumer rights, ensure safe products and proper services, compensate the affected consumers, prevent fraudulent activities in case of purchasing goods and services and create public awareness. Here we need to remember that in case of creating a healthy, normal and competitive environment that is both consumer-friendly and business-friendly, it is essential to create massive awareness and implement the law at the same time. Thus, the purpose of legislation of this law will be successful and the rights of consumers will be protected.
Consumers and Consumer Rights
The word `consumer` has come from the word ‘consumption’. The scope and spread of the word ‘consumer’ is worldwide. A consumer is a person who buys products or services by spending money.
The word `right’ is universal. If we add the word `consumer` before the word `rights`, we get the world “consumer rights” which have been specially identified. To protect consumer rights , the government has enacted the consumers’ Right Protection Act, 2009 and established this directorate as an implementation body.
The united Nations has recognized eight rights of all the consumers of this planet. These are fulfillment of basic needs, access to information , access to safe products and services, the right to choose and know, the right to lodge complaints and get remedies , the right to education about rights and responsibilities and above all the right to healthy environment. The responsible action of a conscious consumer will play a strong role to be successful in case of establish consumer rights by leading the social movement.
Launching Hotline (16121) Named Vocta Batayan
The DNCRP, i.e. Ministry of Commerce has launched a hotline titled “Vocta Batayan 16121” as a gift for all consumers. Establishing this hotline is a new groundbreaking effort for consumers. Although the activities of the DNCRP are expanded at the district, upazila and union levels though market supervision and formation of committees, a hotline titled “Vocta Batayan” has been launched to ensure that consumers in remote areas of the country can easily get various information including filing the complaints. As a result, the consumers from the city to the village, i.e. grassroots level consumers will be benefited by this law.
Consumers’ Right Protection Council and Field committee
To implement the consumers’ Right protection Act, 2009, there is a 29-member supreme forum headed by the honorable Minister of Commerce. This supreme forum is called ‘National Consumer Right Protection Council’. Additional Secretary, Joint Secretary of various ministries/ agencies including the Secretary of the Ministry of Commerce, President of FBCCI, President of CAB, President of National Press Club, president of the Pharmaceutical Industry Association, Chairman of the National Women’ organization, distinguished citizens in Economy,Business, Industry and experienced officers from public administration are included in this council.
In order to give an institutional form of the rights of consumers, the” District consumers` Right Protection Committee” has been formed according to section 10 of this Act. In this committee, every Deputy Commissioner of all the districts functions as its chairman. Furthermore, according to regulation 2013, a 16-member committee titled “Upazila Consumers` Right Protection committee’ has been formed in all the upazilas with the Upazila Chairman as the President. Moreover, in every union, a 20-member committee titled “Union Consumers` Right Protection Committee” has been formed with the union council Chairman as the President. Including monthly meetings, these committee arrange seminars, workshops and celebrate special day. As a result, it is being possible for us to spread this law to the grass-roots.
Activities of the DNCRP.
The DNCRP is an important directorate that is creating an atmosphere of trust and confidence between consumers and traders through the fair settlement of dissatisfaction of consumers. We know that prevention is better than cure. The DNCRP through regular supervision of producers, suppliers and marketing companies prevents anti-consumer right practices and ensures punishment and redress for crimes against consumer rights. Besides, leaflets and pamphlets are distributed to increase public awareness during market supervision. Also, this directorate including redresses of grievances organizes awareness meetings, seminars and exchange of views throughout the year to increase public awareness.
Despite many limitations, the directorate is being lauded in all quarters for its relentless work to protect consumer rights across the country by a limited number of manpower. Additionally, due to the unconditional and selfless work of the officers and employees of all levels of the directorate, the confidence of the people for this directorate has increased many times than before. Here we have to bear in mind that the benefits of the law will be ensured if public participation and proper application of the law can be continued.
Lodging Complaints and Obtaining Remedies
If a consumer is cheated or caused a loss in case of purchasing goods and services, the aggrieved consumer to get remedy have to lodge a written complaint to the Director General of DNCRP or his authorized officer with appropriate proof within 30(thirty) days of arising the cause of action. The complaint can be made in person, through fax, e-mail website or other electronic means of communication. Also, the complainant must mention his full name, father and mother’s names, address, phone number, fax, email and profession. Side by side, the complainant must mention the address of the accused. Additionally, complaints can be lodged with the District Magistrate in each district and the Upazila Nirbahi officer in each upazila.
If a complaint is proved to be true after investigation, the Director General or any officer empowered by him may impose fine upon the related person. When the fine is realized, 25% of it will be paid to the complainant. However, if the complainant is an officer or an employee of the Directorate, he/she shall not be entitled to receive such 25% realized fine. Such remedial measure is rare in other laws.
Anti-Consumer right Practices, Offences and Punishments
Activities that violate or unprotect consumer rights are considered as anti-consumer right practices. Here are the activities that are considered to be anti-consumer right practices: violation of the obligation of inscribing essential information such as date of manufacture, date of expiry, maximum retail price, ingredients, and instructions for use etc. On the level of goods, not showing a price list of goods and services by affixing it at a conspicuous place; selling goods, medicine or service at higher price than fixed price; knowingly selling adulterated goods or medicine; mixing prohibited material in foodstuff which are injurious to human life or health; manufacturing or processing goods in illegal process; deceiving buyers by false advertisement; not selling or delivering properly any goods or service promised; deceiving in weight and weight measuring instrument; deceiving in measurement and measuring gause; manufacturing fake goods; selling or offering any date expired goods or medicine; doing any act that is detrimental to life or security of service receiver; damaging money, health or life of service receiver by negligence etc..
If these activities against the rights of consumers are committed and if the activities are proved as crimes after investigation, there are provisions for punishing with fine, ranging from 50,000/-(fitly thousand) to tk. 2,00000/-(two lakh),and imprisonment, ranging from 01(one) year to a maximum of 03 (three) years, or with both depending on the causes of crimes. Also, for doing the same offence again, there is a provision for punishing with twice the maximum punishment provided for that offence.
The committed crimes and imposable punishments are given below:
Sections Anti-consumer right practices and offences punishments
37
Not using cover of goods etc.-
To violate any obligation, imposed by any Act or rules, of selling any goods within cover and inscribing weight, amount, ingredients, instructions for use, maximum retail price, date of manufacture , date of packing and date of expiry of that goods on the label.
Imprisonment to a term not exceeding 1(one) year, or fine not exceeding tk. 50(fifty) thousands , or both
38
Not showing price list –
To violate the obligation, imposed under any Act or rules, of displaying the price-list of goods by affixing it at a conspicuous place of shops and organizations.
Imprisonment to a term not exceeding 1(one) year, or fine not exceeding tk. 50(fifty) thousands , or both
39
Not preserving and displaying price-list of services –
To violates the obligation, imposed under any Act or rules, of preserving. The price-list of services of a shop or organization and displaying it by affixing at a relevant or conspicuous lace.
Imprisonment to a term not exceeding 1(one) year, or fine not exceeding tk. 50(fifty) thousands , or both
40
Selling goods, medicine or service at higher price than fixed one-
To sell or offer to sell any goods, medicine or service at a price fixed under any Act or rules.
Imprisonment to a term not exceeding 1(one) year, or fine not exceeding tk. 50(fifty) thousands , or both
41
Selling adulterate goods or medicine-
To sell or offer to sell any adulterated goods or medicine knowingly.
Imprisonment for a term not exceeding 3(three) years, or fine not exceeding taka 2(two) lacs.
42
Mixing prohibited materials in foodstuff-
To mix with foodstuff any ingredient which is injurious to human life or health and the mixing of which with foodstuff is prohibited by any Act or rules.
Imprisonment for a term not exceeding 3(three) years, or fine not exceeding taka 2(two) lacs
43
Manufacturing on processing goods in illegal process-
To manufacture on process any goods in a process which is injurious to human life or health and prohibited under any Act or rules.
Imprisonment for a term not exceeding 2 (two) years or fine not exceeding Taka 1(one) lac or both.
44
Deceiving buyers by false advertisement-
To deceive any buyer by any false or untrue advertisement for the purpose of selling any goods or services.
Imprisonment for a term not exceeding 1(one) year, or fine not exceeding taka 2 (two) lacs or both.
45
Not selling or delivering properly any goods or service promised-
Not to sell or deliver properly any goods or service promised in consideration of money.
Imprisonment for a term not exceeding 1(one) year, or fine not exceeding tk.50(fifty) thousands or both.
46
Deceiving in weight-
To sell or supply any goods to consumer less than the offered weight at the time of supplying or selling.
Imprisonment for a term not exceeding 1(one) year, or fine not exceeding tk.50(fifty) thousands or both.
47
Deceiving in weight stone or weight measuring instrument-
To show more than the actual weight by any weight stone or weight measuring instrument used for measuring weight for selling or delivering goods in any shop or commercial organization.
Imprisonment for a term not exceeding 1(one) year, or fine not exceeding tk.50(fifty) thousands or both.
48
Deceiving in measurement-
To sell or deliver any goods to the consumer less than the offered measurement at the time of delivering or selling.
Imprisonment for a term not exceeding 1(one) year, or fine not exceeding tk.50 (fifty) thousands or both
49
Deceiving in measuring gauge or anything used for measuring length-
To commit any fraud in measuring gauge or anything used for measuring length in selling or delivering goods in any shop or commercial organization.
Imprisonment for a term not exceeding 1(one) year, or fine not exceeding tk.50 (fifty) thousands or both
50
Making or manufacturing fake goods-
To make or manufacture fake goods.
Imprisonment for a term not exceeding 3 (three) years, or fine not exceeding taka 2(two) lacs or both.
51
Selling any date expired goods or medicine-
To sell or offer to sell any date expired goods or medicine
Imprisonment for a term not exceeding 1( one) year or fine not exceeding taka 50(fifty) thousands or both
52
Doing any act detrimental to life or security of service receiver-
To do any act which is detrimental to the life or security of any service receiver after violating any prohibition imposed. Under any Act or rules.
Imprisonment for a term not exceeding 3 (three) years, or fine not exceeding taka 2(two) lacs or both.
53
Damaging money, health or life etc. of service receiver by negligence etc.-
To damage money ,health or life of a service receiver by any service provider by negligence, responsibility or carelessness.
Imprisonment for a term not exceeding 3 (three) years, or fine not exceeding taka 2(two) lacs or both.
54
Filing false or vexatious cases-
To file any false or vexatious case with a motive to harass any person, businessman or service provider or to defame him publicly or to damage his business reputation.
Imprisonment for a term not exceeding 3 (three) years or fine not exceeding taka 50 (fifty) thousand or both
55
Reoccurring offence-
To do the offence again by any person convicted of any offence mentioned in this Act.
Twice the maximum punishment provided for that offence
The” Consumers’ Right Protection Act, 2009” not only protects consumers but also provides punishment (imprisonment of 3 years or a fine of taka 50,000/-or both) for filing false or vexatious cases by consumers against honest traders . Therefore, it can be said without any hesitation that the “Consumers’ Right Protection Act, 2009 is both consumer-friendly and business-friendly.
Duties of Consumers
A consumer along with the government has important roles to protect consumer rights. Conscious and cooperative consumers are the main regulators in creating a healthy market system. The identity of a conscious and responsible consumer is to buy products and services after knowing and seeing well about that products and services without being attracted by glamorous advertisements. Successful implementation of this law is possible if the consumers are aware of consumer rights and become organized and vigilant against anti-consumer right practices and seek remedies through complaints.
Duties of Traders
Business is the main driving force of the country`s economy. As a result of significant development in economy and various social indicators, Bangladesh is now one of the emerging powers of the world economy. Along with gaining recognition as a developing country, Bangladesh is achieving remarkable success in various social indicators.
We have improved quality in production, processing, import, marketing and sales activities .In that continuity, the consumer-based market system must be consumer- friendly and secured.
Considering the needs and requirements of the consumers , determining the quality of goods and services, availability of goods in the market , easy availability, and ensuring maximum quality within the purchasing capacity of consumers are the main responsibilities of sellers and retailers including producers .If retailers and wholesalers are aware of the bad effects and punishments for doing activities against consumer rights, the availability of improved services and safe products for all will be ensured.
The sale of substandard goods and services through propaganda, flashy advertisement etc. is tarnishing the image of the business community. So, it is advisable to avoid this negative mentality.
We have to bear in main that a market means the coexistence of buyers and sellers and a business means interaction between buyers and sellers. The goodwill, effort of traders and conducting business lawfully by all traders can build a healthy and cooperative relationship among producers, traders and consumer.
Duties of Us
The “Consumers` Right Protection Act, 2009” is a legal shield to protect consumers. It constantly touches every human being as various aspects of daily life are related to this law. Considering the rationality of the demands of various quarters, this much- awaited law has been enacted.
After enacting the law, the biggest challenge is to make our consumers and business community aware of the law. If consumers know well about the rights described in this law, they will be conscious of their own rights. In the same way, they will be alert after determining the gap between expectation and achievement. Also, they will seek recourse to the law for redress. On the other hand, traders will refrain from doing anti-consumer right practices if they know well about anti-consumer right practices, crimes and penalties. Thus, a sustainable market system will be ensured and the confidence of consumers will be gained.
The DNCRP under the visionary direction of honorable Prime Minister, daughter of the father of the nation, with the strong leadership of honorable Minister of Commerce and with the overall support of the Secretary of Ministry of Commerce is moving forward with determination and strong action. The activities of the directorate are not limited to providing remedies to the consumers. Moreover, the DNCRP is working consistently to keep the environment business-friendly for economic progress.
We, from our respective positions, will work orderly with sincerity and firm commitment at the right time for the welfare of the country and the people-This should be our commitment.
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