Chapter One

1.1 Introduction:

Bangladesh is a small country with a huge population. Perhaps it is the country with

largest consumer comparing its small area. Though in many sectors Bangladesh

improves but it is matter of sorrow that after 40 year of independence consumer

rights are yet been introduced in a significant manner in Bangladesh. Though there

is lot of organization working for human rights in Bangladesh but no organization

except Consumer Association of Bangladesh (CAB) working for consumer rights.

But consumer rights are integral parts of human rights. As a student of law we know

that consumer is treated as king to marketer. In developed country we see that

consumer is very much honored.

But in Bangladesh we see that consumer is treated negligently. Consumer rights are

abused almost every sector in Bangladesh. I am writing some common scenario

about how the consumer rights are violated in our country.

1.2 Objective of research:

I have observed the objects for my research as under the following:-

To evaluate the measure for enforcement of consumer rights.

To focus on the consumer protection laws in our country.

To identify the areas of consumer deception.

To high light the factors influencing consumer deception.

To clarity the concept of consumer and consumer protection.

To identify the legal problems related the protection of consumer rights.

To suggest a holistic approach to protect consumers from deception.

1
1.3 Research methodology:

To collect the information and data has been used both sources. Primary source

includes face to face interview with consumers and secondary source consists such as

journals, brochures and web-side also. The study is the product of two methods, i.e.

empirical survey and desk study. Both quantitative and qualitative methods have been

used to collect data for the empirical study. Data have been collected randomly from

100 sample respondents of Chittagong metropolitan area. Desk study has been made

through finding out and pursuing various books, journals, web materials and articles

from the libraries. Primary data have been collected through the use of structured

questionnaire. Before the finalization of the questionnaire a pilot survey was

conducted. In the light of the results of pilot survey, questionnaire was modified in

order to collect necessary data for the research purpose. The collected data has been

processed and checked for ensuring consistency. In the process of analysis of

collected data, various statistical tools like correlation, Kendall coefficient of

concordance, hypothesis testing, averages, percentages, tables, graphs, diagrams were

applied in order to make the study worthier, informative and useful. The collected

data were analyzed and interpreted to prepare report on the research topics.

1.4 Sources and Materials:

These information and data have collected from both sources, primary and secondary

sources.

As a primary source, I have taken an interview with a consumer.

And secondary source are books, journals, newspaper, constitution, the protection of

consumer rights Act, 2009. The Penal Code, 1860. Special Power Act, 1974.

Dangerous Drugs Act, 1930. Trade Mark Act, 1940. Standers of Weight and

2
measurement ordinance, 1980. Sale and Goods Act, 1930. Role of Consumer

Association of Bangladesh (CAB).

1.5 Scope and Limitation:

It is now generally accepted that consumer policy and consumer protection are

concepts closely interlinked. The scope and limitation of consumer protection are

quite vast and engulfs even newer interests and aspects. The consumer rights

protection act, 2009 states in section 2(20) some acts against consumer rights that

means:

Selling or offering to sale at a price higher than the price prescribed by any

law or rule, any product, medicine or service.

Knowingly selling or offering to sale any adulterer product or medicine.

Deceiving people in general by false and untrue advertisement with the

purpose of selling and product or service.

Not to sell or supply property the product or service as promised in exchange

price.

To use any false weight or false measure of length or capacity as excessive

weight or measure from what it is at time of sell or supply of any product in

any business institute.

To give fewer products at time of sell or supply as it was promised.

3
1.6 Importance of Research:

The protection of consumer rights is very important topic, as a new law. The

customers are not conscious about their rights. And they have no any knowledge or

idea of consumer rights.

So it must be very useful and helpful for consumers, to research the protection of

consumer rights.

When the consumers or customers will be known with their rights they never suffer a

loss but they will may overcome any loss or injury of purchasing products.

1.7 Availability of Recharge Monograph:

I Would like to pay special thanks and gratitude to our estimable teacher, Mr.

Prof. Abdul Mannan Bhuyean, Faculty of Law, University of Information

Technology and Scientifics for his writings which helped me to choose the

methodology and design of this research work. Thanks are due to the numerous

persons for giving their information and suggestions. This work has been done

based on different law books, journals, newspapers, and legal writings that

contain information about Consumer Rights in Bangladesh With Special

References to CRPA-2009. I am grateful to the writers of the respected

books and other legal writings.

Sincere thanks to Mr. Abdull Mannan Bhuyean who has chosen the valuable

topic.

4
 Chapter Two
To clarity the concept of consumer and consumer protection

2.1.1 Definition of consumer

A consumer or Buyer is defined as one, who buys, uses, maintains and disposes of

products and/or services and although, many may still be familiar with the doctrine

of Let the Buyer Beware this is no longer the case with the advent of Consumer

Protection law.

Consumer means any individual who in relation to a commercial practice is acting

for purposes which are outside his business.

Section-2 (19) of the Consumer Protection Act, 2009 in Bangladesh states the

definition of consumer.1

2.1.2 Who is a consumer?

Consumer means such type of person:

a) Who except for the purpose of resale and commercial intention.

i) Purchases or agrees to purchase any product by payment of a price.

ii) Purchases or agrees to purchases by part payment of price.

iii) Purchases with the promise of paying price in extended term or by installments.

b) Who uses the product purchased under clause (a) with the consent of the

purchaser.

c) Who, after purchasing a product, uses it commercially for the purpose of making a

living self employed.

d) Who,

1
The consumer Protection Act, 2009 section 2(19)

5
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.

iii) Hires or receives otherwise any service by paying the price in an extended

term or by installments.

e) Who consumers the service received under clause (d) with the consent of the

service consumer.

Although it may be difficult for a seller to decide whether a purchaser is a consumer

or not it depends on the purchasers intention in buying the goods for him. It is said

that consumer protection is the achieved or intended result of consumer policy.

2.1.3 Consumer protection and consumer law

It is now admitted that the law as it stands does not give sufficient protection to the

consumer. As a matter of fact, the term consumer is by origin an economic concept

and until quite recently, it was simply foreign to legal usage and conceptualization.

However, with the growing realization of the need for special legislation for the

protection of consumers and only consumers, it become important to give the term

consumer a fixed legal meaning.

Consumer protection consists of laws and organizations designed to ensure the

rights of consumers as well as fair trade competition and the free flow of truthful

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 and may provide additional protection for the weak and those unable to

take care of themselves. Consumer protection laws are a form of government

6
regulation which aims to protect the rights of consumers. For example, a government

may require businesses to disclose detailed information about productsparticularly

in areas where safety or public health is an issue, such as food. Consumer protection

is linked to the idea of consumer rights (that consumers have various rights as

consumers), and to the formation of consumer organizations, which help consumers

make better choices in the marketplace and get help with consumer.

Other organizations that promote consumer protection include government

organizations and self-regulating business organizations such as consumer protection

agencies and organizations, the Federal Trade Commission, ombudsmen, Better

Business Bureaus, etc.

A consumer is defined as someone who acquires goods or services for direct use or

ownership rather than for resale or use in production and manufacturing.

Consumer interests can also be protected by promoting competition in the markets

which directly and indirectly serve consumers, consistent with economic efficiency,

but this topic is treated in competition law.

2.1.4 What is Consumer Rights Law?

This legal area encompasses a large body of laws enacted by the government to

protect consumers by regulating many of the following business transactions and

practices: advertising, sales and business practices; product branding; mail fraud;

sound banking and truth in lending; quality produce and meats; housing material and

other product standards; and all manner of other types of consumer transactions.

Some states also regulate door-to-door sales, abusive collection practices and referral

and promotional sales.

7
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.2

Consumer protection laws deal with a wide range of issues including credit repair,

debt repair, product safety, service and sales contracts, bill collector regulation,

pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy.

2.1.5 Aspects of consumer protection

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

consider.

First, the aspect of voluntary protection which means that consumers themselves

would voluntarily set up associations and/or organizations to safeguard their own

rights and interests. These associations/organizations generally work as pressure

groups on the government for consumer rights issues. There are many such voluntary

organizations in India, Pakistan, Sri Lanka and other countries of the world. In

Bangladesh, the Consumers Association of Bangladesh (CAB) was established in

1978.3

Second, the aspect of institutional protection. By establishing national institutions

to safeguard and promote consumer rights of citizens this aspect of consumers

protection can be ensured. For example, in 1914 the Federal Trade Commission, in

1927 the Food and Drug Administration and in 1970 the National High Traffic

2
The Consumer Rights Protection Act, 2009 section 2(20)
3
Us President F. Kennedy in 1962 declaration

8
Administration were set up in the USA; the United Kingdom established the office of

Director-General of Fair Trading; Sweden set up the Consumer Agency KOV and

Consumer Ombudsman KO; India established National Consumer Protection Council,

various State Consumer Protection Councils, National Consumer Disputes Redressal

Commission with State Commissions and District Forums; Pakistan set up the

Islamabad Consumer Protection Council; Sri Lanka and Nepal set up the office of the

Commissioner of Internal Trade and the Consumer Protection Council respectively.

Third, the aspect of statutory protection, which 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. For example, the Consumer Protection Fundamental Act 1968 in Japan,

Consumer Protection Act 1979 in both Thailand and Sri Lanka, Consumer Protection

Act 1986 in India, Consumer Act of the Philippines 1990 in the Phillippines,

Islamabad Consumers Protection Act 1995 in Pakistan, Consumer Protection Act

1998 in Nepal, The Law on Consumer Protection 1999 in Indonesia and Consumer

Protection Act 1999 in Malaysia were enacted. However, Bangladesh is yet to enact

such a comprehensive Consumers Protection Act.

9
2.1.7 IMPORTANT ASPECTS OF THE CONSUMER RIGHTS

PROTECTION ACT, 2009:

i. Liability of seller to third party

Under this Act, the seller or the service provider will be liable not only to the

purchaser but also, to those persons who again buy or use the products with the

consent of the former buyer. Since the definition of consumer covers such person, it

means that the seller is liable to a third party.

ii. Establishment of the Council (parishad)

Under the Consumer Rights Protection Act, 2009, there are Councils at two levels:

a. National level (National Consumer Rights Protection Council)

b. District level (District Consumer Rights Protection Committee) The National

Consumer Rights Protection Council may, for purpose of preservation and protection

of consumer rights, make appropriate regulations, undertake research, create

awareness, and advise the government on policy relating to consumer protection, as

well as monitor the activities of the Directorate of Consumer Protection. On the other

hand, the District Committees are to implement the rules and regulations adopted by

the National Council.

iii. Establishment of Directorate on Consumer Rights

Under the Consumer Rights Protection Act, 2009, a Directorate of consumer rights is

established in Dhaka. In fact, the principal responsibility to implement this Act rests

on this Directorate. The Directorate is headed by a Director General (DG) and to

assist him, there will be such staffs as may be necessary. 4 A person may submit

complaint of any activity violating consumer rights to the DG or any person

4
Donoghue v. Stevenson (1932) A.C. 562; Judgment was passed by Lord Atkins of the House of
Lords;

10
authorized by him. To make a complaint to Magistrate or to file a criminal case

requires the permission of the DG or of person authorized by him on this behalf. The

DG holds power to investigate, to search or to issue summons and warrant. Besides

this, he may also issue directives to close any shop or business enterprise engaged in

activities that violate consumer rights.5

iv. Filing of Complaint

Under the CRPA 2009, no person can file a complaint directly at the Magistrates

court. A person can file a complaint based on the anti-consumer activities to the

Director General of the National Consumer Rights Protection Directorate or any other

person authorized by him within 30 days of the complained cause of action.6 Then,

within 90 days of the complaint received, the charge has to be filed to the Magistrate

court with the approval of the DG.

v. Concurrent Remedy

Apart from filing a criminal case with the Magistrate court, civil remedy can be

sought at the civil courts. The civil court is endowed with the jurisdiction to grant

proper compensation which would not go beyond the fivefold amount of the actual

damage.

vi. Act not in derogation of any other law

The provisions of the CRPA shall be in addition to and not in derogation of the

provisions of any other law for the time being in force. It would be operative as an

additional apparatus with the other laws having consumer implications. This law does

not supersede other laws, rather it is said to be applied as a complementary law on the

same point. If an anti-consumer activity falls within the ambit of some other rigorous

5
Turin Afroz, Consumer Rights Day: What do we want, The daily Star, Law & our Rights,March,
14, 2004
6
http://www.minlaw.gov.bd or Bangladesh Code, Vol.38, Ministry of Law, GOB

11
law (for example: Special Powers Act 1974), the complainant would have the option

to resort to that law.

vii. Mobile Court

The mobile court has jurisdiction to try offences relating to activities that violate

consumer rights. An executive Magistrate runs the mobile court. Besides, the DG has

also the same power as an Executive Magistrate to run the mobile court. He has

jurisdiction all over Bangladesh. A Magistrate may at once recognize an offence

under this Act, if committed in front of him and punish him, on the basis of his

confession, with an imprisonment for a period of maximum two years. However, if

the offence is serious in nature; he will take steps to file a criminal case in the

criminal court.7

2.1.8 Consumer perceived value

Perceived value is consumers estimate of the products overall capacity to satisfy his

or her needs. It is the consumers overall assessment of the utility of a product based

on perceptions of what is received and what is given or what might be given.

Customer perceived value (CPV) is the difference between the prospective

customers evaluation of all the benefits and all the costs of an offering and the

perceived alternatives.

Total customer value is the perceived monetary value of the bundle or economic,

functional, and psychological benefits customers expect from a given market offering.

Total customer cost is the bundle of costs customers expect to incur in evaluating,

obtaining, using, and disposing of the given marketing offering..

7
This point has been emphasized in David Caplovitz, The poor pay more, New York, Free Press, 1963.

12
Some marketers might argue that the process we have described is too rational.

Suppose the customer chose the Komatsu tractor. How can we explain this

choice? Here are three possibilities:

1. The buyer might be under orders to buy at the lowest price. The Caterpillar

salespersons task is to convince the buyers manager that buying on price alone wills

result inlowerlong-termpofits.

2. The buyer will retire before the company realizes that the Komatsu tractor is more

expensive to operate. The buyer will look good in the short run; he is maximizing

personal benefit. The Caterpillar salespersons task is to convince other people in the

customer company that Caterpillar delivers greater customer value.

3. The buyer enjoys a long-term friendship with te Komatsu salesperson. In this case,

caterpillars salesperson needs to show the buyer that the Komatsu tractor will draw

complaints from the tractor operators when they discover its high fuel cost and need

for frequent repairs.

The point of these examples is clear: Buyers operate under various constraints and

occasionally make choices that give more weight to their personal benefit than to the

companys benefit. However, customer perceived value is a useful framework that

applies to many situations and yields rich insights. Here are its implications:

First, the seller must assess the total customer value and total customer cost associated

with each competitors offer in order to know how his or her offer rates in the buyers

mind.8

Second, the seller who is at a customer perceived value disadvantage has two

alternatives: to increase total customer value or to decrease total customer cost. The

8
Ulf Bernitz and John Draper Consumer protection in Sweden Legislation, Institutions and
Practice.
Stockholm. 1986, p. 11

13
former calls for strengthening or augmenting the offers product, services, personnel,

and image benefits. The latter calls for reducing the buyers product, services,

personnel, and image benefits. The latter calls for reducing the buyers costs by

reducing the price, simplifying the ordering and delivery process, or absorbing some

buyer risk by offering a warranty.

2.1.9 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 consumerist 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.

In a narrower sense, consumer law focuses mainly on citizens entering transactions

to obtain products and services from commercial enterprises.

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 own use and not for resale or use in

business.

14
2.1.10 Importance of the protection of consumer rights

It is now universally acknowledges that the observance of basic human rights is the

cornerstone of peace and security for all nations. A consumer right is considered as a

basic human rights as part of right to life. Many European countries have already

inserted consumer rights in their constitution for giving special preferences e.g.

Spain.

The constitution of Bangladesh enshrines right to life as a fundamental right that

indirectly protects consumer rights. The constitution also states that it is the

fundamental responsibility of the State to ensure the basic necessities of life,

including food, clothing, shelter, education and medical care with special regard to

public health and morality.

In this digital era, the world is considered as a global village. So, concern for

consumer rights rarely begins or ends at any single nations 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 consumers right is protected through common directives

applicable equally for all the EU nations. The World Trade Organizations (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.

It is widely accepted by the scholars that trade and business relates to the socio-

economic and religious conditions of a particular community. Bangladesh, a

developing country with over population, is dependant upon the foreign countries for

its essential commodities and imports huge quantities of food, cosmetic and essential

products every year especially from India, Japan, China, the USA and the EU

15
countries. It has very good relations with the Middle East countries and earns huge

foreign exchanges by exporting goods, medicines and apparels.

The religious prohibition on consumption of some food and food items has a great

impact over consumer rights. It is the prime responsibility of the state to ensure all

those rights to its citizens.

So, the importance of the protection of consumer rights carries a great value towards

humanity. To ensure security and safety in life, the consumer rights protection related

Laws should be effectively enforced. The number of immature and unnatural death

will be reduced if the consumer rights are duly ensured. Effective enforcement of

consumer rights shall impact widely on economic progress in national and

16
 Chapter Three
The legal Frame work of consumer protection

3.1.1 Constitution:

Legal protection to the consumers in Bangladesh is not adequate from the very

beginning. But the most important thing is- few laws those are available are not

enforced strictly to protect the consumers rights. In fundamental principles and state

policy part of the constitution rights of consumers are not discussed properly. In

article 15 and 18 little information is found which talks about the provisions of

consumer protection, like- health and food particularly.

3.1.2 In article 15

It shall be a fundamental responsibility of the State to attain, through planned

economic growth, a constant increase of productive forces and a steady improvement

in the material and cultural standard of living of the people, with a view to securing to

its citizens-

(a) The provision of the basic necessities of life, including food, clothing, shelter,

education and medical care;

(b) The right to work, that is the right to guaranteed employment at a reasonable wage

having regard to the quantity and quality of work;

(c) The right to reasonable rest, recreation and leisure; and the right to social security,

that is to say to public assistance in cases of undeserved want arising from

unemployment, illness or disablement, or suffered by widows or orphans or in old

age, or in other such cases.

17
3.1.3 in article 18
The State shall regard the raising of the level of nutrition and the improvement of
public health as moving its primary duties, and in particular shall adopt effective
measures to prevent the consumption, except for medical purposes or for such other
purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and
drugs which are injurious to health. Because it is acknowledged in fundamental
principles and state policy part not in fundamental rights part, so most of them are
not enforceable in the court room.9
The Constitution of Bangladesh, under its fundamental principles of state policy
part, recognizes the rights of consumers to a limited extent. The provisions of
consumer protection can be found at Articles 15 and 18 of the Constitution. However,
these provisions are mainly focused on the vital issues of health and food than on
other consumer rights. Moreover, the said provisions are mentioned under the
fundamental principles of state policy part and not under the fundamental rights
part of the Constitution. Hence, they remain mostly non-enforceable in the courts of
law. The legal basis of consumer protection is found in part III in the constitution of
Bangladesh, which deals with fundamental principles of the state policy. Article 18 of
the constitution provides that the state shall regard the raising of the level of nutrition
and the improvement of the public health as among its primary duties, and in
particular shall adopt effective measures to prevent the consumption, except for
medical purpose or for such other purposes as may be prescribed by law if alcoholic
and other intoxication drinks and of drugs which are injurious for health. This article
obligates upon the state to take measures for protecting consumers from products,
processes and services, which can endanger their health and safety. Apart from the
constitutional safeguard there are some specific laws regarding consumer protection,
but these laws are so outdated that little or no protection is provided to the consumers.

9
Constitution of Bangladesh, Article 18

18
 Chapter Four
Legal provisions relating to Consumer protection

The legal basis of consumer protection is found in part III in the constitution of

Bangladesh, which deals with fundamental principles of the state policy. Article 18 of

the constitution provides that the state shall regard the raising of the level of nutrition

and the improvement of the public health as among its primary duties, and in

particular shall adopt effective measures to prevent the consumption, except for

medical purpose or for such other purposes as may be prescribed by law if alcoholic

and other intoxication drinks and of drugs which are injurious for health. This article

obligates upon the state to take measures for protecting consumers from products,

processes and services, which can endanger their health and safety. Apart from the

constitutional safeguard there are some specific laws regarding consumer protection,

but these laws are so outdated that little or no protection is provided to the consumers.

These laws are also inadequate, ineffective and do not meet the present needs as most

of the laws are based on contemporary issues. An idea can be obtained about these

conventional laws from the following elaboration.

4.1.1 Penal Code 1860:

Makes some acts of offences, which are injurious to public health and also make

provisions for punishments. It declares the adulteration of food and drinks, selling of

noxious food and drinks, adulteration of drugs or medical preparation and selling of

such adulterated drugs or medical preparations are punishable offences. Moreover,

19
using false trademark and counterfeiting trademark or property mark are described as

punishable offences.10

4.1.2 The sale of goods Act 1930:

It is a comprehensive law of consumers rights and defines some conception of

consumer rights e.g. contract, condition and warranties, transfer of property title of

property, rights & duties of buyers and sellers, right of unpaid sellers against the

goods stoppage in transit etc. The most important principal enunciated in the act is

Caveat Emptor principle (Let the buyer beware). The rule is as much a cornerstone of

the law of consumer protection in the subcontinent for a long time that of England.11

4.1.3 The Trademark Act 1940:

It provides that every manufactured commodity should have trademark so that

consumers may choose and differentiate one commodity from other commodities. 12

4.1.4 The control of Essential Commodity Act 1956:

It empowers the government to declare some commodities to be essential from time to

time and to control production, distribution, preservation, use and business of these

commodities. It also lays down provision for license and permit system for the control

of certain commodities, for compelling the hoarders of essential commodities. 13

10
Penal Code, 1860
11
The Sale of Goods Act, 1930
12
The Trade Mark Act, 1940
13
The Control of Essential Commodity Act, 1956

20
4.1.5 The price and distribution of Essential Commodities Ordinance

1970:

It was enacted for ensuring correct price and distribution of essential commodities so

that the importers, producers and business may not earned illegal profits. According to

this law the price of commodities should be attached to them and the legal list of price

should be hanged in an open place and receipt of sale of goods must be delivered to

the purchaser.

4.1.6 The drug (control) ordinance 1982:

It was promulgated with a view to controlling manufacture, import and distribution of

1707 medicines were prohibited and registration or license with regard to them stood

cancelled. It made provisions for punishment for drugs, for sale of medicine or import

or sale of pharmaceutical material at a higher price for illegal advertisement and

claims.14

The Breast-Milk Substitute (Regulation of Marketing) ordinance 1984: It was enacted

with a view to promoting breast Legal Provisions for Protection of Consumers

Rights and Control of Deception in Bangladesh- Reasons for Concern

feeding by regulating the marketing of breast-milk substitute through following the

general principles of the international code of marketing 1981.

14
The Drug Control Ordinance, 1982

21
4.1.7 The Tobacco Goods Marketing (Control) Act 1988:

It was passed in order to control and discourage the use of tobacco. It always down

provision that advertisement displaying tobacco gods must contain the warning notes

of Smoking is injurious to heath. 15

4.1.8 The Bangladesh Pure Food Ordinance, 1959:

This is an ordinance to provide better control of the manufacture and sale of food for

human consumption. Now, this Ordinance is under revision as The Bangladesh Pure

Food (Amendment) Act, 2004.Under this Act, it has been proposed to constitute a

National Food Safety Council headed by the Ministry of Health and Family Welfare

as well as to establish Food Courts.

4.1.9 The Bangladesh Pure Food Rules, 1967:

In this Rule, there are generic standards for 107 food products. Now, this Rules' is

under revision.

4.1.10 The Special Power Act, 1974 (Act No XIV of 1974-as modified up to the

31st July, 1978):

An Act to provide special measures for the prevention of certain prejudicial activities,

for more speedy trial and effective punishment of certain grave offences.

4.1.11 The Food Grain Supply (Prevention of Prejudicial activity) Ordinance,

1956 (Ord. xxvi of 1979):

15
The Bangladesh Pure Food ordinance, 1959

22
This ordinance provides special measures for prevention of prejudicial activity

relating to the storage, movement, transshipment, supply and distribution of food

grains. It provides basis for the protection of false statement or information.

4.1.12 The Bangladesh Standards and Testing Institution Ordinance, 1985:

This ordinance seeks to establish an Institution for standardization, testing, metrology,

quality control, grading and marking of goods. Within the framework of this

ordinance, Government has established the Bangladesh Standards and Testing

Institution (BSTI). One important task is to certify the quality of commodities,

materials, whether for local consumption, exports and import. The Ordinance has

been amended as The Bangladesh Standards and Testing Institution (Amendment)

Act, 2003. Currently, BSTI is developing a Policy on Labeling'. BSTI is the Codex

Focal Point for Bangladesh.16

4.1.13 The Radiation Protection Act, 1987:

4.1.14 The Iodine Deficiency Disorders Prevention Act, 1989:

Under this Act, the Institute of Food and Radiation Biology (IFRB) of Bangladesh

Atomic Energy Commission is primarily involved in food radiation research and

development in the country.

The Government has enacted The Iodine Deficiency Disorders Prevention Act, 1989

for universal salt iodization & banned non-iodized salt from market, aimed at virtual

elimination of IDD from the country.

16
The Bangladesh Standards And Testing Institution ordinance,1985

23
4.1.15 The Essential Commodity Act, 1990:

The purpose of administering this act is to stable, maintain or increase supply of

essential commodities including foodstuffs. The mandate of Essential Commodity Act

also includes broad spectrum of activities like storage, transport, distribution,

disposal, acquisition, use or consumption of any essential commodity.

4.1.16 Fish and Fish product (Inspection and Quality Control) Rules, 1997:

This section of the Fish and Fish products (Inspection and Control) Ordinance 1983

(Ord. xx of 1983) and in conjunction with fish and fish products Inspection and

Quality Rules 1989, and other related provisions made there under, the Government

has made the Rules: Fish and Fish product (Inspection and Quality Control) Rules,

1997. These Rules are basically meant to develop quality improvement to promote

export of trade. The quality control of fish and fish products in the country has earned

good reputation of the importing countries.17

4.1.17 Other Laws and Regulations:

In addition, a number of other Laws and Regulations are existed in the country to

ensure the safe and quality food viz. The Animal Slaughter (Restriction) and Meat

Control (Amendment) Ordinance, 1983 (it is under revision); The Pesticide

Ordinance, 1971 & the Pesticides Rules, 1985; Destructive Insects and Pests Rules

(Plant Quarantine), 1966, amended up to 1989; Agricultural Products Market Act,

1950 (revised in 1985); Fish Protection and Conservation Act, 1950 (amended in

1995); Marine Fisheries Ordinance 1983 and Rules, 1983; Procurement

Specifications, Ministry of Food, Rice Mill Control Order etc. To protect the

17
Fish and Fish Product Rules , 1997

24
consumers rights and privileges a new Act i.e. Consumers' Protection Act, 2004 is to

be passed soon. There are also a number of policies i.e. Bangladesh Food and

Nutrition Policy, 1997 and National Plan of Action on Nutrition, National

Agricultural Policy, 1999; Integrated Pest Management Policy, 2002 etc are linked

with the country's food safety and quality control.

The most interesting features of these laws are that aggrieved consumers cannot sue

the violators themselves. It is only the designated government officials empowered

under these laws, who can initiate and sue the violators. Besides, provision of penalty

or punishment is so negligible that nobody cares to abide by the rules under these

laws and as such there is no effective implementation of the laws. As a result the

consumers in Bangladesh are completely dependent upon the mercy of the business

houses, the professionals and the vested interest group.

Considering these issues a research gap has been observed by the researchers

regarding consumer deception and consumer protection laws in our country, which

has driven the researchers motive to conduct a study on the subjected field.

25
 Chapter Five
The legal problems related the protection of consumer rights

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.

The various problems of the existing Laws of Bangladesh on consumer rights can be

summarized below:

5.1.1 Procedural hindrances in filing Criminal case

The offences under the Consumer Rights Protection Act, 2009 shall be tried by a

Metropolitan Magistrate or a Judicial Magistrate of the 1st Class. No complaint can be

entertained by the Court without endorsement of the Director General of the

Consumer Rights Protection Department. The Magistrate will not take cognizance of

any offence if charge sheet is not submitted within 90 days of lodging complaint

under section 60. The Magistrate may conduct summary trial following the provisions

of the C P C which may raise questions of arbitrariness and despotism. The

Magistrate may also examine the product with the help of the experts. The quality of

the experts are not upto the marks. A question of fairness may arise if samples are

collected from any shop and sent it to the laboratory for examination instead of instant

test. A second trial is prohibited under the Law but an appeal can be filed to the Court

of Session with in 90 days from receiving the judgement or order.

26
Therefore we can see that 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. The existing Consumer

Rights Protection department is situated inside the Secretariat that discourages people

to lodge complaint because of the restriction on entrances to the Secretariat. No court

shall take cognizance if charge sheet is not submitted within 90 days from the date of

compliant. So, the Court is virtually ineffective and the power is assumed by the

department and they have a wide scope in involving corruption. Traders know it 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. Therefore, these legal flaws are to be removed to allow the

consumers to institute a suit in the court of law. In case of exceptional circumstances

the Department may lodge complaint to the Special Tribunal instead of going to the

Magistrate Court (Section-75).

5.1.2 Problems regarding Court-fees in filing Civil suit

A civil suit may be filed directly claiming compensation by the consumers to the

Joint-District Judges Court but advalorem court fees are to be paid that discourages

consumers to the access to justice.

27
5.1.3 Lack of Legal knowledge and Delay in Proceedings

The ignorance of consumers as to their legal protection is one of the reasons for non-

implementation of the legal provisions for their protection. Moreover, people want to

avoid legal action due to delay in proceedings and unnecessary expenses and also

mental harassment incurred in a court of law. Following the Indian pattern, new law

should be introduced for the creation of quasi-judicial machineries at the district and

national levels- such as Disputes Redressal Forum and National Consumers Disputes

Redressal Forum.

5.1.4 Dysfunctional District, Upazilla and Union Committees

The existing District Committee under section-1 of the Consumer Rights Protection

Act, 2009 chaired by the DCs 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 under section-13 of the Act, 2009 or

any Rules or Regulations has not yet been made under sections, 13, 81 and 82 of the

Act.

The other problems of the existing consumer rights protection mechanisms are-

Different Laws on the same subject/ topic;

Different types of punishment for the same offence under different

Laws; Court fees for filing a suit for compensation;

Delay in proceedings;

Investigation/ inquiry procedure left to the police instead of independent

authorities; Restriction to the filing of individual complaint to the Police

Stations;

28
Lack of monitoring systems; Laws are not effectively enforced; Punishments are

negligible;

Scope of corruption by the Department concerned;

The Consumer Rights Protection Act, 2009 is not applicable for Drug;

The Sellers have been given privilege to escape from legal actions in the name of

selling in good faith;

Lack of accountability of the Department concerned;

Lack of expertise in examining products for safety and maintaining standards and

quality; Lack of awareness;

No frequent testing or examination of food, food stuffs or drugs after giving

license to produce and sell;

No power of the Director general to take action against private health and medical

service (sec.73);

No political commitment ; No laws on traceability;

No laws directly on child food;

Lack of coordination between different organizations of the

Government; No action against the service providers for the violation of

the existing law; Trade unions;

Less interest of the NGOs in this sector;

Lack of expertise in the BSTI;

No law to check price hike of essential commodities, if the rate/ price is not

fixed; No Law to maintain/ check halal and haram for the interest of the

consumers;

29
The above are the basic problems of the existing consumer Rights that should be

addressed with proper attention and due care. Even no law ensures proper legal action

against the fraudulent and unfair trade practices except the Monopolies and

Restrictive trade practices (Control & Prevention) Ordinance, 1970 in a limited scale.

There should have been some directives for unlawful trade practices like in European

Countries.

30
 Chapter Six
Consumer protection in Bangladesh

6.1 How is a consumer protected

To protect consumer rights, the best possible solution is that the consumers must be

aware of their rights, work together with consumer organizations, assert against

exploitation and seek redress for their grievances. A kind of self-vaccinating culture

has to be developed to produce the best harvest from the Consumer Rights Protection

Act (CRPA),

In our country, consumer awareness is low due to the apathy and lack of education

among the masses. The efforts to educate them about their rights, quality concerns,

price mechanisms, access to justice etc are limited due to varied reasons. The

producers of goods and services providers are reluctant to give due consideration to

the interest of consumers.

6.2 Why consumer protection is necessary

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.

31
 Ralph Nader, pioneer of the American consumer movement said, consumers are the

vital force of the economy.

6.3 EIGHT LEGITIMATE RIGHTS OF THE CONSUMERS

1. Right to Satisfaction of Basic needs: Fundamental right according to the

Constitution of Bangladesh to have access to food, clothing, education,

healthcare, shelter.

2. Right to Safety: protection from hazardous and unsafe products and services.

3. Right to Information: information about the quality, quantity, potency, purity,

standard and price of products and services.

4. Right to Choose: Availability of selection of goods and services from their

varieties to justify the quality, cost, preference.

5. Right to be Heard: raise unhappiness against consumer malpractice; or right to

be represented by consumer organizations.

6. Right to Redress: This is the crux of consumer rights. The consumer is entitled

to have legal remedy, either monetary or exchange, in case of violation of

consumer rights.

7. Right to Consumer Education: to have access to programs and information

that helps the consumer to make a better and informed buying decision.

8. Right to Healthy Environment: to live and work in an environment that does

not affect consumers welfare and health.

32
6.4 RESPONSIBILITIES OF THE CONSUMER

Use the product safely, following all safety instructions and remaining alert

for future precautions.

Choose vigilantly at a fair price.

Make the effort to seek compensation for a wrong.

Make choices that minimize the environmental impact of your purchase on

others.

Consume in a sustainable manner, so as not to preventothers from meeting

their own needs.

6.5 Parties to Consumer Protection

We have realised the need for steps to protect consumer interest. The question is, who

will take those steps? Can consumers alone do it? Or, should we depend on the

government? Can businessmen do anything? Actually, for effective consumer

protection, it is essential that all the three parties must be involved, that is,

(a) Consumers; (b) Businessmen; and (c) Government. Let us consider what each of

the parties can do:18

(a) We shall agree that self-help is the best help. So consumers should, as far as

possible, take care of their own interest and protect themselves from market

malpractices. For this purpose, it is necessary that they should try to know about their

rights and exercise them. They Business Studies should not depend on the good sense

of businessmen. Consumers have a right to education and also a right to be heard.

They should attend training programmes for consumers arranged by local consumer

18
. Borrie and A. L. Diamond. The Consumer, Society and the Law. New York, 1983, p.9

33
associations or by their own association and invite consumer activists to speak to

them on consumer rights and remedies available under the law to protect them.

(b) As regards businessmen, it is expected that producers, distributors, dealers,

wholesalers as well as retailers should pay due regard to consumer rights in their own

interest. They should ensure supply of quality goods and services at reasonable

prices. To prevent unfair practices, associations of traders, chambers of commerce

and industry, and manufacturers associations should entertain consumer complaints

against their members and take proper action against those guilty of malpractice.

(c) For Government, consumer protection is a responsibility to be undertaken in the

general interest of society. Enforcement of various laws and amending existing laws

to protect consumer interests are required to be taken up in the light of viewpoints of

consumer associations. Representations of consumer groups should also be

associated with the policymaking bodies set up by government at the centre and the

states. A number of measures have been taken by Government from time to time.

6.6 The laws having consumer protection implication

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.

Consumer protection laws deal with a wide range of issues including credit repair,

debt repair, product safety, service and sales contracts, bill collector regulation,

pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy.

34
In the Bangladesh context, the government should reactivate the Trading Corporation

of Bangladesh (TCB) and create a consumers corporation for public distribution

system. The two bodies can go for local purchase or imports for the purpose. The

standards and testing institution needs to be strengthened to oversee product quality. It

is also the responsibility of the government to interact with International Organization

for Standardization (ISO), FAO and WHO for updating food standards.

Mandatory arbitration clauses in consumer contracts have to be incorporated to help

the consumer avoid the hassle of litigation.

The government should make and update the rules for businesses to disclose detailed

information about products-particularly in areas where safety or public health is an

issue such as food. Consumer protection is linked to the idea of consumer rights, and

to the formation of consumer organizations which help consumers make better

choices in the marketplace.

6.7 An overview of the Bangladeshi Laws on the promotion and

Protection of consumer rights
The general protection of the consumers may be derived from principles enunciated in

Articles- 15x and 18xi of the Constitution. This Articles, though non-justifiable in its

nature, indicates the importance attributed to the nutritional status of the people and

basic principles and measures for protecting consumers from products, processes and

services, which can endanger their health and safety. This constitutional safeguard has

been strengthened through promulgation of related laws and regulations so that

consumption is proper and appropriate.

Moreover, in the Constitution of Bangladesh some justifiable fundamental rights are

incorporated which are connected with the rights of the consumers. As for examples,

Article 32 provides that no person shall be deprived of life save in accordance with
35
law; Article 38 provides that every citizen shall have the right to form associations or

unions, subject to any reasonable restrictions imposed by law in the interests of

morality or public order; Article 40 provides that subject to any restrictions imposed

by law, every citizen shall have the right to enter upon any lawful profession or

occupation, and to conduct any lawful trade or business. These fundamental rights

interalia are enforceable by the Supreme Court of Bangladesh in accordance with

Article 102 read with Article 44 of the Constitution.

The Consumer Rights Protection Act, 2009 provided both civil and criminal

remedies. A consumer is entitled to lodge complain to the Consumer Rights

Protection Department for any violation of the Act. The DCs of different districts can

exercise the same power as given to the department. A consumer although barred

from filing a direct complains to the police station under the Consumer Rights

Protection Act, 2009 can file a case to the Police station under other Laws.

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.19

Mizanur Rahman, Consumer Protection in Bangladesh: Law and Practice (1994) 17(3) Journal of
19

Consumer Policy 349.

36
6.8 Current status of legal protection to consumers in Bangladesh

It has already been mentioned that the current system of legal protection to the

consumers in Bangladesh is inadequate and outdated. Further whatever little laws are

available, they are not strictly enforced for the protection of the rights of the general

consumers. The consumers in Bangladesh are thus deprived of their rights at every

sphere of their lives.

The Constitution of Bangladesh, under its fundamental principles of state policy

part, recognises the rights of consumers to a limited extent. The provisions of

consumer protection can be found at Articles 15 and 18 of the Constitution. However,

these provisions are mainly focussed on the vital issues of health and food than on

other consumer rights. Moreover, the said provisions are mentioned under the

fundamental principles of state policy part and not under the fundamental rights

part of the Constitution. Hence, they remain mostly non-enforceable in the courts of

law.

Further, there are certain legislations, part of which has got direct bearings on

consumer protection. For example, sections 264-267, 272-276, 478-483 of the

Bangladesh Penal Code 1860, the Poison Act 1919, the Dangerous Drug Act 1930,

the Trade Mark Act 1940, the Animals Slaughter (Restriction) and Meat Act 1957, the

Special Powers Act 1974, the Standards of Weights and Measures Ordinance 1982,

the Bangladesh Standards and Testing Institute Ordinance 1985, the Narcotics

(Control) Act 1990, and the Safe Blood Transfusion Act 2002, etc.20

(a) The current laws are faulty and do not meet the present needs;

20
The relevant Verses Of Al Quran on consumers rights are - (83:1, 6:152, 17:35, 83:1-6, 2:172-173,
6:145, 2:168)

37
(b) Under the existing legal regime, the aggrieved consumers themselves cannot go to

the court to sue against the violators. It is only the designated government officials

empowered under these laws, who can initiate and sue against the violators.

(c) The provisions of penalty or punishment under the current laws are so negligible

that nobody cares to abide by such laws; and

(d) Finally, the laws are not effectively enforced.

6.9 Consumer Association of Bangladesh (CAB)

Consumers Association of Bangladesh (CAB), is a nongovernment, non-political and

non-profit voluntary organization. It was established in February 1978. The

association plays a vital role in promoting and protecting consumer rights in

Bangladesh. Its main goal is to protect the rights and interests of consumers as well as

to educate them on about their rights and responsibilities in order to be a wise

consumer. CAB provides legal assistance and advice to consumers whose rights have

been violated. In essence, CAB is working towards ensuring consumers and

businessmen will have a safe, fair and competitive marketplace.

38
 Field work

The major finding of the study is known more and more about the consumer rights in

Bangladesh and which consumers rights are violated in Bangladesh. That is verifying

important for me as a law student. I also learn about the definitions of consumer rights

and other important which is related with this topic. I also found the various laws of

the consumers rights in Bangladesh and it has many drawbacks. That is lack of

enforcement and the laws are not sufficient for protect the consumers rights. The lack

of education and lack of Security for consumer is the main problem and also the

consequence for consumers rights. We also found this topic about the various

concept of consumers rights and sources of law, its elements. I also recommended

some significant steps for the problem of my research topic.

Thus, 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 market-place

relations (contract terms, advertising), the establishment of health and safety standards

for products sold to consumers, and regulation of the provision of certain services

(credit, professions, public services etc.). In short, consumer protection law is

designed to protect citizens/consumers against injuries though to occur in unregulated

markets.

39
 Conclusions

In conclusion, the naive consumers of Bangladesh are in critical need of having the

fortification of broad consumer protection legislation. So, the government of

Bangladesh is required to enact a widespread Consumer Protection Act as quickly as

possible and advance strictly ensures the efficient execution of such legislation. We

should always remember that an efficient consumer protection legislation of a

inhabitants not only protects and promotes the privileges and happiness of its

consumers, but it also enhance definite socio-economic targets of its macro economy,

such as scarcity alleviation, competent, fair and translucent market method, good

governance and beyond all, socio-economic impartiality for its citizens. Many declare

as, our current law is old-fashioned, not capable to look after the consumers, defective

and doesnt meet the current necessities. Therefore, endorsement of new law is a

must. Yet, one may query, how far the endorsement of new law will in some real

sense explain the current consumer hitch? If the already obtainable law is not

completely imposed then how come we can look forward that the new law will protect

our customers and their privileges properly improved than today.

40
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