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  • 1. Assignment on Consumer Rights Protection Act 2009 SUDMITED TO MD:RIADUZZAMAN Consumer Protection Law Department of Law SUDMITED BY MD:RAKIBUL ISLAM Batch:14th Department of Law
  • 2. INTRODUCTION The Consumer Right Protection Act was passed by the parliament and obtained assent of the president on April 05, 2009 and its demand is the Consumers of Bangladesh. So it is essential to understand what consumer is. Consumer is a person who consumes or uses any commodity or service available to him either from natural resources of through a market for final consumption. It gives Protection to the Consumers against the violation of their right and being injured by the unfair trade practices of the seller or service provider. It does not mean that consumer right has not protected before Act was passed. People of Bangladesh had been protected try various Acts such as Constitution of Bangladesh, Sale of Goods Act, Specific Relief Act, Dung Control Ordinance, Pure Food Ordinance, Penal Code etc. But rights of the Consumers were not well protected by those Acts. After the enactment, people got a written or existing Act and protected under this Act. Consumers: According to the law and act, a person is required to perform certain conditions to be regarded as a consumer. Basically, the persons who use or consume products and services are known as consumers. Another way to explain- buyer, who is the final customers of products and services, is known as consumer. Under Consumer Right Protection Act, 2009 (CRPA, 2009) – “a person who buys goods to earn a livelihood by „selfemployment‟ (through in a commercial scale) also falls within
  • 3. the definition of a consumer. Before the enactment, a set of consumer rights were mentioned in different Laws in a fragmented way. In Bangladesh, consumers can be divided into two types: (i) service consumer and (ii) product consumer. Section-2 (19) of the Consumer Rights Protection Act, 2009 in Bangladesh states the definition of consumer as follows: “Consumer” means any person who: (a) Except for the purpose of resale and commercial purposei) purchases any product by payment of a price or promise to pay off a price; ii) Purchases any product by partly paid and partly promised; or iii) Purchases any product with the promise of paying price in extended term or by installments; (a) With the consent of the purchaser (b) Uses the product purchased under clause; (c) Who, after purchasing a product, uses it commercially for the purpose of making a living by self-employed (d) Any person who: (i) Hires or receives otherwise any service by payment or promises to pay the price; ii) Hires or receives otherwise any service by part payment or promises to pay partly the price.
  • 4. (iii) Hires or receives otherwise any service by paying the price in an extended term or by installments. (d) With the consent (e) Any person who consumes the service received under clause The simplest way to explain consumers- consumers are those people on persons who buy or use or obtain or hire a permission to use any kinds products or services by offering a price, prompt or due or in installments. OVERVIEW The Consumer Right Protection Act (later termed as CRPA), 2009 of Bangladesh was passed by the Parliament and obtained assents of the President on 5th April, 2009 and shall come into force at once [sec-1(2)].The Act provides for the protection of consumer rights and for prevention of acts against consumer right and interest and other relevant issues. The Consumer Protection Act 2009 is organized into 7 chapters and a total of 82 sections. The Act mainly deals with the obligations of "economic operators" and product safety. It enjoins state organs to punish the offenses of economic operators who violate consumer rights and interests. It provides for various actions to be taken by the respective ministries against the production of products or services that are likely to induce grave or imminent dangers. The Act also sets out comprehensive procedures to be followed by inspection agents to ensure the quality and safety of products (goods and services). It also allows for the
  • 5. establishment of a specialized institution to be in charge of fraud repression and inspections of imported and exported goods. (Chapter 1) deals with definition such as complainant, consumer, medicine, punishment, Food product, council, Rules etc and it deals with the establishment of council (chapter 2). Department and Director General (chapter 3), offence and punishment (chapter 4), trial (chapter 5), civil proceedings and remedies (chapter 6) and miscellaneous (chapter 7). In section 2(20) - it states some name of activities which is against consumer's rights such as- to sale at a higher price, to sale any adulterer medicine or product, to sell any product which has mixture of any product, deceiving people by false or untrue advertisements, not to supply goods properly in exchange of price, to make counterfeit products, to sale date expired products and so on. In section 2(22) - it provides for a definition of services. In section 5- it is said that "The Consumer Right Protection Council" shall be established and it consists of 29 members. The Tenure of membership, Meeting and Function of the council shall be enacted. In section 10- it provides about the Establishment of District Committee for the Protection of Consumer Right. In chapter 3- Sections from (18-36) deal with Establishment of a Department, Director General and Powers and functions of the Director General and so on.
  • 6. In chapter 4- Sections from (37-56) deal with punishment for the various acts against consumer's rights and interests and violation of the provisions of this act. In chapter 5- Sections from (57-65) deal with the trial. In chapter 6- Sections from (66-68) deal with the civil proceedings and remedy. In chapter 7- Section from (68-82) deal with the miscellaneous. Chapter 7 also deals with different types of miscellaneous provisions such as- power of District Magistrate (sec-69), Administrative action taken by Department (sec-70), monitoring private health and medicine service (sec-73) etc. Under this chapter some exemption are also allowed for some offenses. The Consumer Protection Law enforce to provide consumers Best Quality of Services in Bangladesh: Now-a-days, consumer rights include more sectors like banking, telecommunication etc. In Bangladesh a lot of laws (around 61 laws, list given below) are prevailing on consumer rights that aim to ensure safety products and security in service. In negative sense, a list of consumer rights can be found from the explanation of the term “Acts against consumer rights”. Section 2 (20) of the Consumer Rights Protection Act, 2009 states that “Acts against consumer rights mean: a) Selling or offering to sale at a price higher than the price prescribed by any law or Rule for any product, medicine or service;
  • 7. b) Knowingly selling or offering to sale any adulteries product or medicine; c) Selling or offering to sale any product which has mixture of any object that is dangerously harmful for human health and mixture of such object with food is prohibited by any Act or Rule; d) Deceiving people in general by false and untrue advertisement with the purpose of selling any product or service. e) Not to supply properly the product or service as promised in exchange price; f) To sale or supply in a weight lesser than that has been promised at the time of such sale or supply; g) The scale or instruments of weighing using for sale or supply of any product of a business establishment showing over weight that in actual weight; h) Using less than in promised weight in time of sale or supply of a product; i) The using ribbon for measuring length in any business establishment showing more length than in actual size; j) To make or manufacture any counterfeit product or medicine; k) To sale or offer to sale any date expire product or medicine; l) Commission of any act which is dangerous to the life or safety of the service consumer that is prohibited under any Act or Rule;
  • 8. If we are able to prevent these above mentioned “acts against consumer rights” then the protection of consumers‟ rights will be done automatically. The Bangladeshi laws provides for the establishments of different organizations to protect the rights of the consumers including various Courts or Tribunals such as(i) Consumer Rights Protection Department; (ii) National Consumer Rights Protection Council; (iii) Special Tribunal; (iv) Mobile Court (can work/ function under various Laws; It may be constituted by a special executive order); (v) Drug Court; (vi) Food Special Court; (vii) Ordinary Criminal Courts; (viii) Ordinary Civil Courts; (ix) Marine Courts; (x) BSTI; (xi) Claims Tribunal etc There are also several laws available if those are enforced effectively then the consumer will get best quality of services from their desired products. Such as-
  • 9. 1. The Consumer Rights Protection Act, 2009; 2. Bangladesh Standard Testing Institute Ordinance (BSTI), 1985; 3. The Customs Act, 1969; 4. The Drug Control Ordinance, 1982; 5. The Fish and Fish Products Ordinance, 1983; 6. The Pure Food Ordinance, 1959; 7. The Trade marks Act, 2009; 8. The sale of goods Act, 1930; 9. The Control of Essential Commodities Act, 1956; 10. The Medical and Dental Council Act, 1980; 11. The Bangladesh Energy Regulatory Commission Act, 2003; 12. The Bangladesh Telecommunication Act, 2001; 13. The Right to Information Act, 2009; 14. The Food (Special Courts) Act, 1956; 15. The Mobile Court Ordinance, 2007 (now repealed); 16. The Iodine Deficiency Disorders Prevention Act, 1989; 17. The Standards of Weights and Measures Ordinance (Amendment) Act,2001; 18. The Import of Goods (Price Equalization Surcharge) Act, 1967; etc. Reasons behind to be cheated as a Consumer in Bangladesh: Consumers of our country, most of the time, are not aware of the products completely those they are buying. As a result they get
  • 10. cheated. Consumers are not aware of their rights at all. If the consumer is wise during purchase / shopping, then they need not to return home with the worry that they may have been cheated. Some of the factors those help producers to do cheating with the consumers are discussed below- Lack of awareness: Mass people of Bangladesh are unaware of their rights as a consumer. They do not know if the sellers cheat them, what they should do or where they should go. The reason behind is that consumers right is still a comparatively new concept to the people of Bangladesh. Illiteracy: Most of the people in Bangladesh do not know about the existence of their rights as consumer. One of the main reasons for this is the lack of basic education. They cannot think up to the level that they can have such rights which would give them protection against adulteration of food, medicine etc. and the right to get proper service for which they are paying. Economic Condition: We cannot avoid thinking of the economic condition which does not provide the atmosphere fit for consumers who are careful and demand quality. Compromising Attitude:
  • 11. Sometimes we do compromise with the quality of goods bought because of our financial limitation. If we are incapable of paying the accurate price for the goods we buy, we cannot expect a high standard of quality for the same. These are the small fractions of problem related to the consumers. However, there are other problems too. For example, in Bangladesh there is no separate court for consumers‟ rights. Also the consumers lack proper authority to go to the court to bring action against those who violate the consumers‟ rights. Therefore, the consumers need to rely upon the government officials concerned to bring any effective action against the alleged parties. Those alleged parties are also taking advantage of this vague situation. The corrupt businessmen tend to establish a good relationship with corrupt government officials who might help them to cheat and exploit the innocent consumers. Moreover, the BSTI (Bangladesh Standards and Testing Institute) is beset with lots of problems, like it does not have modern equipment and facilities for testing of many products. Also, the general consumers very often question the efficiency and integrity of the officials in the BSTI. Conclusion: Laws are accumulation of some rules and regulations by sovereign authority. But success of laws depends on who has the power of enforcing them. Appropriate enforcement of a law can make people do the right thing. So, if certain people, those have
  • 12. the power, enforce consumer right protection law in a right manner, strong-handed, and effectively then all the people of the country will get benefited. They will get the quality products and services at cheap price because of the market competition. As a result, we have to import fewer products from the other countries at a high cost we may also export those product instead of importing. So, economy of the country will boost up and it run properly. For the betterment of the whole society, now it is important to enforce the consumer protection law properly and this country a better place to live.