consumer rights protection act 2009(Badhon)


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consumer rights protection act 2009(Badhon)

  1. 1. Assignment on Consumer RightsProtection Act 2009SUDMITED TOMD:RIADUZZAMANConsumer Protection LawDepartment of LawSUDMITED BYMD:RAKIBUL ISLAMBatch:14thDepartment of Law
  2. 2. INTRODUCTIONThe Consumer Right Protection Act was passed by theparliament and obtained assent of the president on April 05,2009 and its demand is the Consumers of Bangladesh. So it isessential to understand what consumer is. Consumer is a personwho consumes or uses any commodity or service available tohim either from natural resources of through a market for finalconsumption. It gives Protection to the Consumers against theviolation of their right and being injured by the unfair tradepractices of the seller or service provider. It does not mean thatconsumer right has not protected before Act was passed. Peopleof Bangladesh had been protected try various Acts such as -Constitution of Bangladesh, Sale of Goods Act, Specific ReliefAct, Dung Control Ordinance, Pure Food Ordinance, PenalCode etc. But rights of the Consumers were not well protectedby those Acts. After the enactment, people got a written orexisting Act and protected under this Act.Consumers:According to the law and act, a person is required to performcertain conditions to be regarded as a consumer. Basically, thepersons who use or consume products and services are known asconsumers. Another way to explain- buyer, who is the finalcustomers of products and services, is known as consumer.Under Consumer Right Protection Act, 2009 (CRPA, 2009) – “aperson who buys goods to earn a livelihood by „self-employment‟ (through in a commercial scale) also falls within
  3. 3. the definition of a consumer. Before the enactment, a set ofconsumer rights were mentioned in different Laws in afragmented way. In Bangladesh, consumers can be divided intotwo types: (i) service consumer and (ii) product consumer.Section-2 (19) of the Consumer Rights Protection Act, 2009 inBangladesh states the definition of consumer as follows:“Consumer” means any person who:(a) Except for the purpose of resale and commercial purpose-i) purchases any product by payment of a price or promise topay off a price;ii) Purchases any product by partly paid and partly promised; oriii) Purchases any product with the promise of paying price inextended 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 thepurpose of making a living by self-employed(d) Any person who:(i) Hires or receives otherwise any service by payment orpromises to pay the price;ii) Hires or receives otherwise any service by part payment orpromises to pay partly the price.
  4. 4. (iii) Hires or receives otherwise any service by paying the pricein an extended term or by installments.(d) With the consent(e) Any person who consumes the service received under clauseThe simplest way to explain consumers- consumers are thosepeople on persons who buy or use or obtain or hire a permissionto use any kinds products or services by offering a price, promptor due or in installments.OVERVIEWThe Consumer Right Protection Act (later termed as CRPA),2009 of Bangladesh was passed by the Parliament and obtainedassents of the President on 5th April, 2009 and shall come intoforce at once [sec-1(2)].The Act provides for the protection ofconsumer rights and for prevention of acts against consumerright and interest and other relevant issues. The ConsumerProtection Act 2009 is organized into 7 chapters and a total of82 sections. The Act mainly deals with the obligations of"economic operators" and product safety. It enjoins state organsto punish the offenses of economic operators who violateconsumer rights and interests. It provides for various actions tobe taken by the respective ministries against the production ofproducts or services that are likely to induce grave or imminentdangers. The Act also sets out comprehensive procedures to befollowed by inspection agents to ensure the quality and safety ofproducts (goods and services). It also allows for the
  5. 5. establishment of a specialized institution to be in charge of fraudrepression and inspections of imported and exported goods.(Chapter 1) deals with definition such as complainant,consumer, medicine, punishment, Food product, council, Rulesetc and it deals with the establishment of council (chapter 2).Department and Director General (chapter 3), offence andpunishment (chapter 4), trial (chapter 5), civil proceedings andremedies (chapter 6) and miscellaneous (chapter 7).In section 2(20) - it states some name of activities which isagainst consumers rights such as- to sale at a higher price, tosale any adulterer medicine or product, to sell any product whichhas mixture of any product, deceiving people by false or untrueadvertisements, not to supply goods properly in exchange ofprice, to make counterfeit products, to sale date expired productsand so on.In section 2(22) - it provides for a definition of services.In section 5- it is said that "The Consumer Right ProtectionCouncil" shall be established and it consists of 29 members. TheTenure of membership, Meeting and Function of the councilshall be enacted.In section 10- it provides about the Establishment of DistrictCommittee for the Protection of Consumer Right.In chapter 3- Sections from (18-36) deal with Establishment ofa Department, Director General and Powers and functions ofthe Director General and so on.
  6. 6. In chapter 4- Sections from (37-56) deal with punishment forthe various acts against consumers rights and interests andviolation 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 civilproceedings and remedy.In chapter 7- Section from (68-82) deal with the miscellaneous.Chapter 7 also deals with different types of miscellaneousprovisions such as- power of District Magistrate (sec-69),Administrative action taken by Department (sec-70), monitoringprivate health and medicine service (sec-73) etc. Under thischapter some exemption are also allowed for some offenses.The Consumer Protection Law enforce to provideconsumers 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 61laws, list given below) are prevailing on consumer rights thataim to ensure safety products and security in service. In negativesense, a list of consumer rights can be found from theexplanation of the term “Acts against consumer rights”.Section 2 (20) of the Consumer Rights Protection Act, 2009states that “Acts against consumer rights mean:a) Selling or offering to sale at a price higher than the priceprescribed by any law or Rule for any product, medicine orservice;
  7. 7. b) Knowingly selling or offering to sale any adulteries productor medicine;c) Selling or offering to sale any product which has mixture ofany object that is dangerously harmful for human health andmixture of such object with food is prohibited by any Act orRule;d) Deceiving people in general by false and untrueadvertisement with the purpose of selling any product or service.e) Not to supply properly the product or service as promised inexchange price;f) To sale or supply in a weight lesser than that has beenpromised at the time of such sale or supply;g) The scale or instruments of weighing using for sale or supplyof any product of a business establishment showing over weightthat in actual weight;h) Using less than in promised weight in time of sale or supplyof a product;i) The using ribbon for measuring length in any businessestablishment 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 safetyof the service consumer that is prohibited under any Act or Rule;
  8. 8. If we are able to prevent these above mentioned “acts againstconsumer rights” then the protection of consumers‟ rights willbe done automatically.The Bangladeshi laws provides for the establishments ofdifferent organizations to protect the rights of the consumersincluding 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; Itmay 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 etcThere are also several laws available if those are enforcedeffectively then the consumer will get best quality of servicesfrom their desired products. Such as-
  9. 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 inBangladesh:Consumers of our country, most of the time, are not aware of theproducts completely those they are buying. As a result they get
  10. 10. cheated. Consumers are not aware of their rights at all. If theconsumer is wise during purchase / shopping, then they need notto return home with the worry that they may have been cheated.Some of the factors those help producers to do cheating with theconsumers are discussed below-Lack of awareness:Mass people of Bangladesh are unaware of their rights as aconsumer. They do not know if the sellers cheat them, what theyshould do or where they should go. The reason behind is thatconsumers right is still a comparatively new concept to thepeople of Bangladesh.Illiteracy:Most of the people in Bangladesh do not know about theexistence of their rights as consumer. One of the main reasonsfor this is the lack of basic education. They cannot think up tothe level that they can have such rights which would give themprotection against adulteration of food, medicine etc. and theright to get proper service for which they are paying.Economic Condition:We cannot avoid thinking of the economic condition whichdoes not provide the atmosphere fit for consumers who arecareful and demand quality.Compromising Attitude:
  11. 11. Sometimes we do compromise with the quality of goods boughtbecause of our financial limitation. If we are incapable of payingthe accurate price for the goods we buy, we cannot expect a highstandard of quality for the same.These are the small fractions of problem related to theconsumers. 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 tobring action against those who violate the consumers‟ rights.Therefore, the consumers need to rely upon the governmentofficials concerned to bring any effective action against thealleged parties. Those alleged parties are also taking advantageof this vague situation. The corrupt businessmen tend toestablish a good relationship with corrupt government officialswho might help them to cheat and exploit the innocentconsumers. Moreover, the BSTI (Bangladesh Standards andTesting Institute) is beset with lots of problems, like it does nothave modern equipment and facilities for testing of manyproducts. Also, the general consumers very often question theefficiency and integrity of the officials in the BSTI.Conclusion:Laws are accumulation of some rules and regulations bysovereign authority. But success of laws depends on who has thepower of enforcing them. Appropriate enforcement of a law canmake people do the right thing. So, if certain people, those have
  12. 12. the power, enforce consumer right protection law in a rightmanner, strong-handed, and effectively then all the people of thecountry will get benefited. They will get the quality productsand services at cheap price because of the market competition.As a result, we have to import fewer products from the othercountries at a high cost we may also export those productinstead of importing. So, economy of the country will boost upand it run properly. For the betterment of the whole society, nowit is important to enforce the consumer protection law properlyand this country a better place to live.