Consumer Rights Protection in Bangladesh

This is a report I prepared for the course Business Law while I was a student at the State University of Bangladesh. Rayhan Khan, Zubayer Ahmed, and Naimul Sarkar assisted me with the report. Under the guidance of Assistant Professor Ms. Kazi Ayesha Siddiqua, I prepared this report by 07th of April 2016.

ACKNOWLEDGEMENT

First I would like to thank my creator Allah for giving me the opportunity and quality to work on this topic. Then I would like to thank my honorable course instructor Ms. Kazi Ayesha Siddiqua for giving me the auspicious chance to work on the topic “Consumer Rights Protection in Bangladesh”. Though I am a student of Bachelor of Business Administration, this project is very precious to me.

Then I would like to thank the most important present-century Internet for helping me with ideas, documents, and data. And I would like to thank all the personalities who helped me in making my report. My honorable course instructor Ms. Kazi Ayesha Siddiqua helped me throughout the time and has given advice and guidance for any kind of help I wanted without being a bit irritated. Her cooperation has always inspired me. I would be grateful to her.

Table of Content

EXECUTIVE SUMMARY

Consumer rights are an integral part of human rights. Over the years, these rights have gained importance in safeguarding the interests of consumers at large from the clutches of business monopolies and trade malpractices. Consumers are the vital forces of the economy. The Protection of consumer rights is now a global agenda. The root of consumer rights protection Laws is found in the religious books. But we consider that the concept of Consumer Rights took shape in 1962. Before the 1960’s, consumer rights were practically nonexistent. Consumers had little access to legal protection or tools to defend themselves against deceptive business practices or faulty products. While the Consumer Bill of Rights provided groundbreaking protection, the U.S. Department of Justice and the Federal Trade Commission continued to establish new laws to protect consumer rights.

Bangladesh Government has enacted the Consumer Rights Protection Act, 2009 to protect the rights of the consumers. This is a pragmatic approach of the Government to ensure consumer rights that ultimately ensure the right to life. The consumer protection law is designed to protect citizens/consumers against injuries though to occur in unregulated markets. Because of not cover the total areas for consumer rights, it has some limitations. But we hope that the Bangladesh government will take proper steps to ensure consumer protection. And also establish a well-designed law to ensure consumer rights.

Consumer Rights Protection in Bangladesh

Introduction

Consumer rights are the resonance of the human rights notion, with the demand for consumer protection increasing day by day. In keeping pace with the modern world, the formulation of the Consumer Rights Protection Act 2009 is significant progress towards the protection of the rights and interests of consumers in Bangladesh. The benefit of consumers is the primary objective of this law. To enjoy their rights, the consumers have to exercise their responsibilities diligently otherwise the oblivious consumers will be easy victims of unethical traders. To overcome the venomous circle of fraud, every consumer must remain vigilant be assertive of their rights, and be aware of their responsibilities.

The Protection of consumer rights is now a global agenda. The world economic giants have enacted a series of Laws with different headings to meet the contemporary global demand for economic progress on one side and protection of the consumers from unfair, misleading, and aggressive business propaganda on the other. The United Nations (UN), European Union (EU), and World Trade Organizations (WTO) have adopted a lot of rules to regulate trade and business of various products and services through import or export that impacts seriously on producer or manufacturer, supplier or distributor, seller and ultimately the consumer.

Definition of Consumer

A consumer is anyone ranging from the cradle to the tomb; from the Prime Minister of a country to the laborer on the street. In simple words, the persons who use or consume products or services are consumers.

In the eyes of the law, a person is required to fulfill certain conditions to be regarded as a consumer. Consumers are those persons who, for one or the dependents, buy, use or obtain permission to use any products or service by offering a price, prompt, or due or in installments.

In addition, any person using such products with the consent of the buyer will also be treated as a consumer. But if someone buys something for resale or any other commercial purposes, he or she shall not be a consumer as such. Personal consumption is the main test for defining oneself as a consumer.

Definition of Consumer Rights

Consumer rights refer to a consumer's right to safety, to be informed, to choose, and to provide manufacturers with information concerning their products when they make a purchase.

Manufacturers who violate consumer rights are subject to lawsuits by their customers. For instance, a consumer who purchases a child’s toy that subsequently hurts their child can hold the manufacturer responsible in court. The customer can hire a lawyer and sue the company for failing to produce a toy that was safe for children.

Historical Background of Consumer Rights

The root of consumer rights protection Laws is found in the religious books. In the Bible, it is mentioned ‘to be good to one’s neighbor’. In Islam, a list of rights and duties is mentioned in the holy Qur’an to protect consumer’s rights. Islam prohibits falsification in representing goods; directs to use proper weight and measurement instruments, not to involve in usury; prohibits hoarding and haram food and inspires and directs to eat and drink halal food1. Islamic law enumerates guidelines for good trade practices.

Before the 1960’s, consumer rights were practically nonexistent. Consumers had little access to legal protection or tools to defend themselves against deceptive business practices or faulty products. Further, the process of credit repair was illusory at best. Fortunately, the rapid nature of consumerism created a wave of legislation and policy. Read on to discover the evolution of consumer rights and how they have impacted the U.S. marketplace.

In 1962, President Kennedy spoke to the U.S. Congress about the need for a new consumer movement, a call to action that resulted in the Consumer Bill of Rights.

The bill included four basic points:

01. Right to Safety — Consumers have the right to protection against products that have caused physical harm. This right was officially enacted in 1972 and is enforced by the federal Consumer Product Safety Commission (CPSC). The CPSC has established product standards, testing regulations, and warning labels to assert consumer rights.

02. Right to Information — Businesses must provide consumers with accurate information, allowing them to make informed decisions about products and services. This includes correct packaging, advertising, and full disclosure of past issues.

03. Right to Choose — Consumers must be given free choices and options when it comes to choosing products and services offered by various companies. The government encourages this right of fair commerce by ensuring limits on price gouging, underselling, patent ownership, monopolies, and anti-trust.

04. Right to Be Heard — Consumers have the right to voice complaints and concerns regarding company practices and products. The U.S. Attorney General, the Federal Trade Commission (FTC), and the Better Business Bureau (BBB) represent only a few of the platforms in which consumers may be heard.

By 1985, the Consumer Bill of Rights expanded to include four new points.

01. Right to Basic Needs — Access to food, water, clothing, shelter, healthcare, education, sanitary living conditions, etc.

02. Right to Redress — The right to receive a fair settlement over founded claims of faulty goods and services.

03. Right to Consumer Education — Consumers must be given enough information to make competent choices about goods and services. They must also be provided with information about their basic consumer rights and how to utilize them.

04. Right to a Healthy Environment — Consumers must be provided with a healthy, non-threatening living and working environment to ensure their well-being and the well-being of their dependents.

To safeguard consumer interest, all these eight consumer rights are defined by the UN.

Concept of Consumer Rights Protection Law

According to a leading European author on the subject, consumer law comprises “the body of standards, rules, and instruments representing the juridical fruit borne by the various efforts that have been made to secure or improve the protection of the consumer on the economic market and to promote the interests of the consumer” to establish a balance of power between consumers and their economic partners or, probably more realistically, to define the means whereby the existing imbalance can be reduced.

It is now accepted in Sweden and other Scandinavian countries that the “legal consumer concept must be confined to private persons who are acquiring goods, services or anything else of value mainly for their use and not for resale or use in business.”

The concept of Consumer Rights took shape in 1962 with the Consumer Rights Protection Movement and finally received world recognition with the observance of World Consumer Rights Day on March 15, 1983.

Necessity of Consumer Protection

The people who dominate the market or run businesses are always in a more advantageous position than the customers. The customers are often put into a disadvantaged and unequal bargaining situation. Therefore, consumers need to be protected.

Honesty should govern competitive business enterprises and the maxim ‘buyer be aware’ should not be relied upon to reward fraudulent and deceptive businesses. The concept of consumer rights cannot be separated from the human rights perspective. Consumer rights are regarded as a facet of ‘social justice’.

Ralph Nader, pioneer of the American consumer movement said, ‘Consumers are the vital force of the economy’.

Development of Consumer Laws

While the Consumer Bill of Rights provided groundbreaking protection, the U.S. Department of Justice and the Federal Trade Commission continued to establish new laws to protect consumer rights.

        Truth in Lending Act (1968)

Truth in Lending Act requires credit companies to disclose their terms, costs, and conditions to customers before entering into a contract. This law is used to protect and promote fair consumer credit practices.

        Fair Credit Reporting Act (1970)

Written as an amendment to the Consumer Credit Protection Act, the FCRA was enacted “to require insured banks to maintain certain records, to require that certain transactions in United States currency be reported to the Department of the Treasury, and for other purposes.” This Act allows consumers to engage in the verification and maintenance of their credit information and more importantly their credit repair.

        Fair Credit Billing Act (1975)

Written as an amendment to the Truth in Lending Act, the FCBA was enacted to protect consumers from unfair billing practices. It allows them to investigate and dispute credit billing errors.

        Fair Debt Collection Practices Act (1978)

As an amendment to the Consumer Credit Protection Act, the FDCPA is designed to eliminate abusive collection methods conducted by companies and collection agencies. This law regulates how and when lenders and collection agencies may contact customers about overdue payments. It also outlines consumer and lender rights during the collections process and provides for other credit repair-related actions related to collection accounts.

        Credit Practices Rule (1985)

As a protection for installment borrowers and cosigners, this legislation shields borrowers from certain kinds of exploitative lending practices. It also requires that cosigners be fully informed regarding their potential liabilities should the primary borrower default.

        Fair Credit and Charge Card Disclosure Act (1989)

As part of the Truth in Lending Act (TILA), this law requires creditors to disclose the following information on credit card applications:

  1. Percent APR
  2. Minimum finance charges
  3. Purchase grace periods
  4. Balance calculation methods
  5. Annual fees
  6. Cash advance transaction fees
  7. Penalty fees for late-payments and over-the-limit spending without overdraft coverage

        Consumer Credit Reporting Reform Act (1996)

As an amendment to the Fair Credit Reporting Act (FCRA), this law provides rules on the reinsertion of deleted information and free credit reports to the following people:

  1. Unemployed
  2. Those on public-assistance
  3. Victims of fraud/identity theft
  4. Those who have been denied credit

        Credit Repair Organizations Act (1996)

This piece of legislation was enacted to regulate credit repair businesses and their advertising practices.

        Fair and Accurate Credit Transactions Act (2003)

This law extended the Fair Credit Reporting Act with additional protections related to how credit reports are accessed and used. Medical information, for example, was limited upon this law’s enactment. This law also required credit bureaus to begin providing at least one credit report annually to all consumers.

        Credit Card Act (2009)

Sweeping reforms were passed with this law related to how consumers are billed for new and existing credit accounts.

        Dodd-Frank Wall Street Reform and Consumer Protection Act (2011)

Among other consumer protections, this new law has created a federal agency called the Bureau of Consumer Financial Protection which will oversee how bankers and other creditors treat consumers.

Consumer Perceived Value

Perceived value is the consumer’s estimate of the product’s overall capacity to satisfy his or her needs. It is the consumer’s overall assessment of the utility of a product based on perceptions of what is received and what is given or what might be given.

The traditional view in consumer’s value judgment is that “a trade-off is a trade-off is a trade-off,” which assumes that consumers always compare and are willing to make trade-offs among the alternative variables, such as, what is received, and what is sacrificed, or what might be sacrificed in the future.

    Perceived value could be obtained from:

  1. The potential benefits a consumer can assess in a product.
  2. The trade-offs between tangible costs and potential benefits in the deal.
  3. The trade-offs among potential benefits, tangible costs, and tangible costs in the deal.

Aspects of Consumer Protection

There are three aspects of consumer rights protection, which every country must consider.

        Voluntary Protection Aspect

Voluntary Protection Aspect means that consumers themselves would voluntarily set up associations and/or organizations to safeguard their rights and interests. These associations/organizations generally work as pressure groups on the government for consumer rights issues

        Institutional Protection Aspect

By establishing national institutions to safeguard and promote the consumer rights of citizens this aspect of consumers' protection can be ensured.

        Statutory Protection Aspect

The statutory protection aspect can be guaranteed by enacting relevant laws for protecting the rights and interests of the consumers. Many countries of the world, including those in Asia, have already enacted comprehensive laws in this regard.

So, the concept of consumer rights depends upon the promotional activities and the protection mechanisms of a particular society or state. The protection of consumer rights ultimately ensures safety in products and security in service whereas the promotion of consumer rights depends upon the education and monitoring of the supply and marketing systems of various products.

Importance of the Protection of Consumer Rights

It is now universally acknowledged that the observance of basic human rights is the cornerstone of peace and security for all nations. A consumer right is considered a basic human right as part of the right to life. Many European countries have already inserted ‘consumer rights’ in their constitution to give special preferences.

In this digital era, the world is considered as a global village. So, concern for consumer rights rarely begins or ends at any single nation’s boundaries, and effective action to protect and promote consumer rights, whether at home or abroad, can be furthered by the imaginative use of national, regional, or international techniques.

In the European Countries, a consumer’s right is protected through common directives applicable equally to all the EU nations. The World Trade Organization (WTO) has a great role in regulating trade affairs through different agreements among various nations. The United Nations (UN) has adopted guidelines for the protection of consumer rights.

The right of a consumer is seen through the mirror of economic progress. A consumer right includes a ‘bundle of rights’ and is a ‘package’ to ensure security and safety in life. The people of the developing and least developed countries are still in an ordeal with this aspect of consumer rights. It is widely accepted by scholars that ‘trade and business’ relates to the socio-economic and religious conditions of a particular community.

So, the importance of the protection of consumer rights carries a great value towards humanity. To ensure security and safety in life, consumer rights protection-related Laws should be effectively enforced. The number of immature and unnatural deaths will be reduced if consumer rights are duly ensured. Effective enforcement of consumer rights shall have an impact widely on economic progress at national and international levels. The consumer-related laws should be enforced equally for all citizens irrespective of their nationalism or race, sex, color, language, religion, etc.

Consumer Protection Laws in Different Countries

Consumer protection law or consumer law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions.

It's a way of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, and personal loans that may lead to bankruptcy.

        Laws in United Kingdom

  • Supply of Goods Act 1973 - provides implied terms in contracts for the supply of goods and for hire-purchase agreements, and limits the use of exclusion clauses.
  • Unfair Contract Terms Act 1977 - regulates contracts by restricting the operation and legality of some contract terms.
  • Supply of Goods and Services Act 1982 - compels the traders to provide services to a proper standard of workmanship.
  • Consumer Protection Act 1987 - implemented the product liability directive, by introducing a regime of strict liability for damage arising from defective products, regulated the safety of consumer products through Statutory Instruments, and defined the criminal offense.
  • Unfair Terms in Consumer Contracts Regulations 1999 - repealed and replaced by the Consumer Rights Act 2015, which regulates unfair terms in consumer contracts in English contract law.
  • Consumer Protection Regulations 2000 - This legislation provides rights to the consumer and obligations that the seller must fulfill.
  • Electronic Commerce Regulations 2002 - This subordinate legislation provides for the rights of the consumer and provisions for which the seller is obliged to fulfill.
  • Enterprise Act 2002 - made major changes to UK competition law concerning mergers and also changed the law governing insolvency bankruptcy.
  • General Product Safety Regulations 2005 - demands that "No producer shall place a product on the market unless the product is a safe product" and provides broad enforcement powers.

        Laws in United State

  • Consumer Product Safety Act - The act gives the Consumer Product Safety Commission (CPSC) the power to develop safety standards and pursue recalls for products that present unreasonable or substantial risks of injury or death to consumers.
  • Federal Trade Commission Act – to prevent unfair competition, deceptive acts, regulate trade, etc.
  • United States National Do Not Call Registry - allows US consumers to limit telemarketing calls they receive.
  • Pure Food and Drug Act - regulates foods, drugs, and more.
  • Communications Act of 1934 - regulate all radio and interstate cable, phone, and satellite communications.
  • Fair Credit Reporting Act (FRCA) -  regulates the collection, dissemination, and use of consumer credit information
  • Fair Debt Collection Practices Act (FDCPA) - eliminates abusive consumer practices, ensures fairness, etc.
  • Truth in Lending Act (TILA) - promotes the informed use of consumers, by requiring disclosures about its terms and costs to standardize how costs associated with borrowing are calculated and disclosed.
  • Real Estate Settlement Procedures Act (RESPA) - prohibits kickbacks and requires lenders to provide a good faith estimate of costs.
  • Health Insurance Portability and Accountability Act (HIPAA) - provides consumer protection for health information.
  • Digital Millennium Copyright Act - prohibits the production or sale of devices or services intended to circumvent copyright measures.

        Laws in India

  • The Contract Act of 1982 - lays down the conditions in which promises made by parties to a contract will be legally binding on each other.
  • The Sale of Goods Act of 1930 - provides some safeguards to buyers of goods if goods purchased do not fulfill the express or implied conditions and warranties.
  • The Agriculture Produce Act of 1937 - provides grade standards for agricultural commodities and livestock products.

        Laws in Some Other Countries

  • The Consumer Protection Law (Taiwan) - specifically protects the interests and safety of customers using the products or services provided by business operators.
  • Competition and Consumer Act 2010 (Australia) - promotes competition, and fair trading as well as protecting consumers.
  • Consumer Fundamental Act 2005 (Japan) - Assures fair trading and prohibits unfair commercial practices.
  • Consumer Contract Act 2000 (Japan) - regulates not only unfair consumer contracts but also unfair commercial practices, and misleading and aggressive conduct.
  • Specific Commercial Practices Act (Japan) - regulates specific marketing practices.

Consumer Protection Laws in Bangladesh

In keeping pace with the modern world, the formulation of the Consumer Rights Protection Act 2009 is significant progress towards the protection of the rights and interests of consumers in Bangladesh. The benefit of consumers is the primary objective of this law.

        Overview of Consumer Rights Protection Act

The Consumer Rights Protection Act, of 2009 provided both civil and criminal remedies. A consumer is entitled to complain to the Consumer Rights Protection Department for any violation of the Act. The Deputy Commissioners of different districts can exercise the same power as given to the department. A consumer although barred from filing a direct complaint to the police station under the Consumer Rights Protection Act, 2009 can file a case to the Police station under other Laws.

The Law on Consumer Rights not only prohibits adulteration, hoarding, smuggling, black marketing, cheating, or fraud in weight and measurement or in selling products with higher prices but also provides punishments for such acts. A manufacturer or producer as well as a service provider or even in special circumstances the seller is liable for adulterated foods, drugs, or other essential commodities. Counterfeit products, stolen goods, or adulterated food or drugs are also prohibited for selling in the market, and violation of which is punishable under the Special Powers Act, 1974, or under the Drug Control Ordinances, 1982.

The Consumer Rights Protection Act, 2009 in Bangladesh states that the Consumer” means any person who:

  • Except for resale and commercial purpose
    1. purchases any product by payment of a price or promise to pay a price;
    2. purchases any product by partly paid and partly promised; or
    3. purchases any product with the promise of paying the price in extended terms or by installments;
  • uses the product purchased under the clause with the consent of the purchaser;
  • who, after purchasing a product, uses it commercially to make a living by being self-employed;
  • Any person who:
    1. Hires or receives otherwise any service by payment or promises to pay the price;
    2. Hires or receives otherwise any service by part payment or promises to pay partly the price.
    3. Hires or receives otherwise any service by paying the price in an extended-term or by installments.
  • Any person who consumes the service is received under the clause with the consent of the service consumer.

The Consumer Rights Protection Act, 2009 states that “Acts against consumer rights” mean:

  1. Selling or offering to sell at a price higher than the price prescribed by any law or Rule for any product, medicine, or service;
  2. Knowingly selling or offering to sell any adulterer product or medicine;
  3. Selling or offering to sell any product that has a mixture of any object that is dangerously harmful to human health and a mixture of such object with food is prohibited by any Act or Rule;
  4. Deceiving people in general through false and untrue advertisements to sell any product or service.
  5. Not to supply properly the product or service as promised in exchange price;
  6. To sell or supply in a weight lesser than that has been promised at the time of such sale or supply;
  7. The scale or instruments of weighing used for the sale or supply of any product of a business establishment showing overweight than in actual weight;
  8. Using less than in promised weight at the time of sale or supply of a product;
  9. The use of ribbon for measuring length in any business establishment showing more length than in actual size;
  10. To make or manufacture any counterfeit product or medicine;
  11. To sell or offer to sell any date-expired product or medicine;
  12. Commission of any act which is dangerous to the life or safety of the service consumer that is prohibited under any Act or Rule;

        Areas Covered By the Consumer Rights Protection Act

In Bangladesh, consumers can be divided into two types according to the Consumer Rights Protection Act, service consumer and product consumer. So, the Consumer Rights Protection Act needs to cover Product and service areas.

            Product Areas

Adulteration of Food, Sale of adulterer food, Adulteration of drugs, Sale of adulterer drugs, Smuggling, Black-marketing, Counterfeiting of Product, Sale of date-expired product, Monopoly business, Price hike (if fixed), Weight & measurement, Trade Marks, Standards of Product and labeling and Milk & substitute to breast-milk are the product areas that covered by the Consumer Rights Protection Act.

            Service Areas

Medical service, Legal service, Security service or service by Law enforcement agencies, Telecommunication service, Energy Regulatory service, and Transport service that include- Air, water, land motor vehicles, railway, etc. are the services areas that are covered by the Consumer Rights Protection Act.

        Punishments for the Violation of Consumer Rights

There are various types of punishments under the consumer-related Laws in Bangladesh.

  • Death Penalty for adulteration of food, black marketing, hoarding, etc. under the Special Powers Act, 1974;
  • 10 years imprisonment and/or two lakh taka fine for manufacturing sub-standard or prohibited drugs under the Drug Control Ordinance, 1982;
  • 3 years punishment and/or taka 2-lakh fine under the Consumer Rights Protection Act, 2009 for adulteration of food or medicine;
  • Compensation 5 times than the actual loss under the Consumer Rights Protection Act, 2009;
  • 4 years imprisonment and/or 1-lakh taka fine under the BSTI Ordinance, 1985;
  • Tk.50 thousand as fine and/or rigorous imprisonment for one year under the Pure Food Ordinances for sub-standard food items or giving false warranty etc;
  • 6 months imprisonment or one thousand taka fine under the Penal Code, 1860 for adulteration of food or drug or sale of adulterer food or drug. For fraudulent use of false weight or measure of length or capacity one year imprisonment or fine or with both. The same punishment can be imposed for an offense relating to trademark and property marks. For offering a prize in connection with trade as an inducement, the offender may be punished with 6 months imprisonment or with a fine or both.
  • 2 years imprisonment and 10000 Tk. fine for the violation of the Standards of Weights and Measures Ordinance, 1982;
  • 3 years imprisonment and/or 1 thousand taka fine for the violation of the Control of Essential Commodities Act, 1956;
  • 2 years imprisonment and/or a 50,000 taka fine under the Breast-Milk Substitute (Regulation of Marketing) Ordinance, 1984 if any person makes, exhibits, distributes, circulates, displays, or publishes any advertisement promoting the use of any breast-milk substitute or implying or designing to create the belief or impression that breast-milk substitute feeding is equivalent or superior to breast-milk feeding.

        Problems of Consumer Protection Laws

In Bangladesh, the Consumers’ rights are not well-protected due to some procedural hindrances, lack of awareness, lack of proper and strict laws, lack of accountability, lack of monitoring systems, shortage of experts in examining goods and conditions of various mechanical services, etc.

            Incomplete Laws

The Consumer Protection Act 2009 provides that only competent government officers are entitled to institute a case against the culprit for violation of such laws. A common consumer cannot initiate any legal action against him except lodging a complaint to the department concerned. Moreover, The Consumer Rights Protection Act, 2009 does not apply to Drugs. In our country, there is no law to check the price hike of essential commodities and also to maintain/check halal and haram for the interest of the consumers.

            Procedural Hindrances

The existing Consumer Rights Protection department is situated inside the Secretariat which discourages people from lodging complaints because of the restriction on entrances to the Secretariat. No court shall take cognizance if the charge sheet is not submitted within 90 days from the date of complaint.

            Legal Flaws

Traders know well that the customers are not eligible to institute a suit or take action against them except the Government officials and they also know how to manage such officers. Due to these legal flaws, consumers are not duly protected.

            Court-fees

A civil suit may be filed directly claiming compensation by the consumers to the Joint-District Judges Court but ad-valorem court fees are to be paid that discourage consumers from access to justice.

            Lack of Legal Knowledge

The ignorance of consumers as to their legal protection is one of the reasons for no implementation of the legal provisions for their protection. Moreover, people want to avoid legal action due to delays in proceedings unnecessary expenses, and also mental harassment incurred in a court of law.

            Dysfunctional Committees

District Commissioners are dysfunctional due to their heavy load in other administrative functions. No Upazilla or Union Committee has yet been established for the protection of the rights of the consumers.

            Crash of Laws

Different Laws on the same subject and different types of punishment for the same offense under different laws creates problem to punish the culprit.

            Lack of Monitoring Systems

A monitoring system or policy is not actively ensured for frequent testing or examination of food, foodstuff, or drugs after giving a license to produce and sell.

These are the basic problems of the existing consumer Rights that should be addressed with proper attention and due care to ensure the consumer rights of Bangladesh.

        Requirement for an Effective Consumer Protection Law

  1. A common consumer should have the ability to take legal action against the culprit for violation of such laws.
  2. The government should take steps to monitor the Consumer Rights Protection Department.
  3. Legal flaws are to be removed to allow the consumers to institute a suit in a court of law.
  4. Court fees must be fixed or they should be free to ensure consumer rights.
  5. New laws should be introduced for the creation of quasi-judicial machinery at the district and national levels.
  6. A complete law must be introduced.
  7. A special force may be constituted to monitor the market price of various goods and also the services provided by various organizations in different sectors.
  8. The number of Mobile or Circuit Courts can be increased by giving special jurisdictions to punish the offenders on the spot.
  9. The social awareness and insertion of a chapter on consumer Law in the textbook is essential to protect the rights of the consumers.
  10. Strong political commitment should be created for the protection of the consumers from corrupt businessmen, traders, and industrialists.
  11. The government should take effective measures to improve the conditions by establishing market-control authorities, monitoring the price of essential commodities checking the standards of various articles, and ensuring safe products to the consumer.

Conclusions

The Government has enacted the Consumer Rights Protection Act, 2009 to protect the rights of the consumers. This is a pragmatic approach of the Government to ensure consumer rights that ultimately ensure the right to life.

“The Constitution of Bangladesh, under its 'fundamental principles of state policy' recognizes the rights of consumers to a limited extent. However, these provisions are mainly focused on the vital issues of 'health' and 'food' rather than on other consumer rights.

We may conclude that consumer protection is a large area, covering a diverse range of laws and policies. It includes such topics as the regulation of marketplace relations, the establishment of health and safety standards for products sold to consumers, and regulation of the provision of certain services. In short, consumer protection law is designed to protect citizens/consumers against injuries though to occur in unregulated markets.

Source

  1. Wikipedia The Free Encyclopedia, (2018) Consumer Protection. [Online] Available From: Wikipedia.org [Accessed: 7th April 2016]
  2. Bixby, M., Beck-Dudley, C. and Cihon, P. Legal Environment of Business, 4th Ed. New Jersey: A Pearson Education Company.
  3. Lexington Law Stuff, (2011) A History of Consumer Right and Improvements. [Online] Available From: Lexington Law [Accessed: 7th April 2016]
  4. Consumers Association of Bangladesh, Consumer Rights [Online] Available From: ComsunerBD [Accessed: 7th April 2016]
  5. Mukherjee, S. (ed.) (2011) Commercial Law Including Company Law And Industrial Law. India: The Word Press Pvt. Ltd.

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