1. Consumer right: Consumers have rights and as an employee or customer, it is your
responsibility to ensure that these rights are adhered to at all times. But what exactly is
Consumer Rights?
Consumer rights can be defined as being in agreement with what is just, good or proper when
dealing with consumers as well as ensuring that the consumer is protected from harm or wrong
doing when dealing with a provider of a service or a distributor of a product.
Consumer rights in Bangladesh: The Consumer Rights Protection Act, 2009 was
enacted by the government of Bangladesh in April 2009 to ensure consumer protection by
realizing consumer’s right to quality goods and services at fair prices. It also highlights
consumers’ right to information regarding quality, quantity, standard and value of the goods and
services. To fulfill the objectives of this Act, a National Consumer Right Protection Council has
been established. A director general of the Consumer Rights Protection Council is appointed to
oversee the consumer rights practices throughout the country. To facilitate the functioning of
National Consumer Right Protection Council, there shall be a district committee in every district
named District Consumer Rights Protection Committee.
Right of consumer: there are 8 basic rights of a consumer and they are:
The right to satisfaction of basic needs - Consumers have the right to basic
goods and services which guarantee survival. This includes adequate food, clothing,
shelter, health care, education and sanitation.
The right to safety - Consumers must be protected against flaws or hidden dangers in
products or services that they buy. They also have the right to physical safety while they
are buying.
The right to be informed - Consumers has the right to be given all the information
they require about a product or service. For example they have the right to request a list
of ingredients that go into making a particular product that is being sold, detailed
information of a contract that they might sign, etc.
The right to choose - Consumers must insist on a variety of products and goods to
choose from based on personal taste, quality or price. Competition in the market place
allows you to buy what suits your particular circumstances.
2. The right to be heard - The retailer, supplier or anyone else involved must listen to
the consumer when they complain. The compliant should be addressed with the person at
the top or a manager of a particular store.
The right to redress - When you are sold an inferior product or service, you have the
right to go back to the seller and demand a replacement or a refund. In some instances
this right is protected by law and consumers can take their cases to the courts to exercise
their right to redress.
The right to consumer education - Consumers have the right to demand education
in consumer affairs. Both the state and private sector have a role to play in this.
The right to a healthy environment - Consumers have the right to a physical
environment that will enhance the quality of life.
There are some other right also can be defined as below
Right to obtain commodities or services at a price fixed by the authority or at a
reasonable price
Right to have safe and pure products
Right to have necessary and correct information about products
Right to be informed of the qualities or defects (if any) of a particular product
Right to know the accurate quantity of the product
Right to know the utility, purity, and price of the product
Right to have products or services in correct quantity and quality
Right to have choice among similar products
Right to have protection against activities relating to purchase or sale of products by
which life or property may be in danger
Right to have access to remedy in relation to violations of consumer rights
Right to have protection from concealment of information and unfair trade practices
Right to have protection from arbitrarily imposed sale conditions by the seller-
3. Ideal framework for consumerright: there are three key elements of framework
Consumer regulation: Consumer regulation is a group of laws and organizations designed
to ensure the rights of consumers as well as fair trade, competition and accurate information in
the marketplace. The laws are designed to prevent businesses that engage in fraud or specified
unfair practices from gaining an advantage over competitors.
Consumer empowerment: Consumer empowerment is a positive subjective state evoked
by consumer perceptions of increasing control. As a positive state, increasing consumer
empowerment should be associated with increasing consumer satisfaction.
Consumer representation: A consumer representative is a member of a government,
professional body, industry or non-governmental organization committee who voices consumer
perspectives and takes part in the decision-making process on behalf of consumers. This person
is nominated by, and is accountable to, an organization of consumers.
consumer
regulation
consumer
empowerment
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4. Role of a consumer representative
The role of a consumer representative is to provide a consumer perspective. This often differs
from a bureaucratic, service provider, industry, academic or professional perspective. The role of
the consumer representative involves:
Protecting the interests of consumers, service users and potential service users
Presenting how consumers may think and feel about certain issues
Contributing consumer experiences
Ensuring the committee recognizes consumer concerns
Reporting the activities of the committee to consumers
Ensuring accountability to consumers
Acting as a watchdog on issues affecting consumers
Providing information about any relevant issues affecting consumers
Aspects of consumer rights protection: Consumer protection is a group of laws and
organizations designed to ensure the rights of consumers as well as fair trade, competition and
accurate information in the marketplace. The laws are designed to prevent businesses that engage
in fraud or specified unfair practices from gaining an advantage over competitors. They may also
provide additional protection for those most vulnerable in society.
1. Statutory protection: A statute is a written law pertaining to a State, Territory or
nation. Consumers are protected by statutes such as the Trade Practices Act 1974 (Cth)
('the Act'), which is a federal law designed to ensure that vendors comply with the
minimum standards required for their business, making certain practices, such as selling
unsafe products or misrepresentation, illegal. The Act also covers situations of market
manipulation to guarantee that consumers have access to a free market of choice and
healthy competition. The Act generally applies to companies which operate or trade in
more than one State or Territory. In addition to the Act, each State and Territory has its
own laws under the department or office of fair trading, consumer affairs or business
affairs. State law applies to individuals and businesses not covered by the federal Act and
protect consumers in much the same manner.
2. Institutional protection: It works hand-in-hand with regulatory institutions within
government to achieve its mandate of providing sound, coherent, predictable and
transparent business regulatory solutions.
5. 3. Private protection: Consumer protection regulatory agencies fight to ensure that
individuals are treated fairly, receive the necessary information to make informed
decisions, are protected against product hazards, and have the ability to use legal recourse
if needed. Certain types of products attract more regulation due to their higher risk of
consumer injury or death, such as food, drugs, children's products, and automobiles.
Consumer courts: Consumer Court is the special purpose court that deals with
cases regarding consumer disputes and grievances. These are judiciary set ups by the
government to protect the consumer rights. Its main function is to maintain the fair
practices by the sellers towards consumers. Consumers can file a case against a seller if
they are harassed or exploited by sellers.
Types
1. National Consumer Disputes Redressed Commission (NCDRC): A national level court
works for the whole country and deals with amount more than 10 million (US$150,000).
2. State Consumer Disputes Redressed Commission (SCDRC): A state level court works at
the state level with cases valuing less than 10 million (US$150,000).
3. District Consumer Disputes Redressed Forum (DCDRF): A district level court works at
the district level with cases valuing up to 2 million (US$30,000)
Power of consumer court: Consumer Protection Act has laid down the manner in which an
order passed by a consumer courts can be executed (Section 25 of the Act). According to the
Act, if any person does not comply with the order passed by the consumer forum, then the forum
may order the property of the person to be attached. If the party against whom the order is passed
does not comply with the order within three months, then the forum may direct sale of the
attached property and may award damages to the complainant and pay the balance, if any, to the
opposite party. the Act has also made provisions for penalties in case the order passed by the
forum is not respected (Section 27 of the Act).If the party against whom the order is passed does
not comply with an order made by the Consumer forum, then such person may be punished with
imprisonment or fine or both.
6. Consumer protection fund: Consumer Fund is an active, long-only global
emerging markets equities strategy. It invests in equity securities of companies across
developed, emerging and frontier markets, which are expected to benefit from increased
consumer spending. The fund can have concentrated exposures to the consumer
thematic, meaning it is likely to be less well diversified by sector when compared with
those with a broader emerging markets mandate.
Problems of consumer: there are some problems that a consumer usually does. That
is something is one the hand of a consumer.
1. Lack of awareness: Consumer awareness reduces the chances of consumer
exploitations in the marketplace. Information on consumer rights and the existing
consumer protection and complaints processing avenues is valuable in consumer
protection strategies In fact, a better-informed consumer improves the functioning
of markets but the lack of consumer awareness has been one of the major
challenges for efficient consumer protection in developing countries.
2. Illiteracy: this is one of the biggest problems in developing world. Consumer
doesn’t have the right knowledge about their right. They sometimes cross the
limit of their right and make a difficult situation. It is consumer duty to gain
knowledge about right and use them properly.
3. Economic condition: Major hurdles to financially sound behavior appear to
lie in individuals' psychological habits, culture, social and economic background.
Levels of financial literacy can be improved directly through financial education,
as well as indirectly by ensuring a good level of consumer protection in the
financial sector and enabling consumers to make informed choices with
appropriate advice, standardized information and comparison tools for financial
products. Research shows that most people seem to learn through experience (or
even more through adverse experience), but consumers also have a tendency to
forget fast, making it necessary to repeat lessons in various forms.
4. Compromising attitude: The compromise effect (or extremeness aversion)
indicates that the addition of an option to a two-option set enhances the share of
the adjacent relationship compared to the nonadjacent relationship. Extremeness
aversion is the main cause of the compromise effect, which means that when all
conditions are the same, the attraction of a relatively more extreme option will be
lowered in comparison with other options. The compromise effect, whereby
brands gain market share when they become intermediate options in a choice set,
is among the most robust phenomena.
7. Provision of existing consumer law in Bangladesh:
The control of essential commodity act 1956 : An Act to provide for powers to
control the production, treatment, keeping, storage, movement, transport, supply,
distribution, disposal, acquisition, use or consumption of, and trade and commerce in,
certain commodities. Where as it is expedient to provide for powers to control the
production, treatment, keeping, storage, movement, transport, supply, distribution,
disposal, acquisition, use or consumption of, and trade and commerce in, certain
commodities within.
The pure food ordinance 1959: An Ordinance to provide for the better control of
the manufacture and sale of food for human consumption. WHEREAS it is expedient to
provide for the better control of the manufacture and sale of food for human
consumption.
Price and distribution of essential commodity ordinance 1970: The main
object of this ordinance promulgated in the final year of unified Pakistan is to ensure the
correct price and distribution of essential commodities in the country so that importers,
producers and the businessman may not earn unjustified profits. Under this ordinance the
prices of commodities should be attached to them and the list of the prices should be
hanged in a place open to clear vision and a receipt for sale of goods must be delivered to
the purchaser.
Drug control ordinance 1982: to control manufacture, import, distribution and sale
of drugs. WHEREAS it is expedient to control manufacture, import, distribution and sale
of drugs; Now, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982,
and in exercise of all powers enabling him in that behalf, the Chief Martial Law
Administrator is pleased to make and promulgate the following Ordinance.
Special power act: An Act to provide for special measures for the prevention of
certain prejudicial activities, for more speedy trial and effective punishment of certain
grave offences and for matters connected therewith. WHEREAS it is expedient to
provide for special measures for the prevention of certain prejudicial activities, for more
speedy trial and effective punishment of certain grave offences and for matters
connected.
8. Dangerous drug act 1930: An Act to regulate the import, export, manufacture,
distribution and sale of drugs. WHEREAS it is expedient to regulate the import into,
export from, and the manufacture, distribution and sale in, Bangladesh of drugs.
The trade mark act 1940: An Act to provide for the registration and more effective
protection of Trade Marks. WHEREAS it is expedient to provide for the registration and
more effective protection of trade marks
The standard of weights and measures ordinance: An Ordinance to establish
standards of weights and measures based on metric system and units of measurement.
WHEREAS it is expedient to make provision for the establishment of standards of
weights and measures based on metric system and units of measurement and for matters
connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the
Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that
behalf, the Chief Martial Law Administrator is pleased to make and promulgate.
Discussing the above situation it is clear to us that we need to establish consumer rights in
Bangladesh. To establish consumer rights effectively in Bangladesh I think the following steps
can plays an important role-
1. Govt. should establish a separate consumer courts in order to deal with cases of violation of
consumers' rights and interests.
2. Govt. needs to empower the consumer so that the aggrieved consumers can individually sue
against the violators.
3. Civil society should come forward to create awareness about the rights of consumer.
4. The teachers and students of marketing department of various universities can play a vital role
to increase the awareness of the consumer, civil society and government5. At the same time
Consumer Association of Bangladesh (CAB) should increase its power and similar types of
organization should form to speak for the consumer rights.
9. Conclusion
An individual who buys products or services for personal use and not for manufacture or resale
A consumer is someone who can make the decision whether or not to purchase an item at
the store, and someone who can be influenced by marketing and advertisements. Any time
someone goes to a store and purchases a toy, shirt, beverage, or anything else, they are making
that decision as a consumer.
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