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practice which eventually stop manufacturer to produce unhealthy product.

Consumer protection law in Bangladesh should be implemented and use the practice which
eventually stop manufacturer to produce unhealthy product.

Topic: Consumer protection law in Bangladesh should be implemented and use the
practice which eventually stop manufacturer to produce unhealthy product.

Introduction:

What is “CONSUMER”?

Consumer is a person who is not openly occupied in a trade, but receives goods and services
from a person who is occupied in the business. To keep the business beneficial and legal, some
policies have been recognized by the government to create equilibrium between profit and
quality. Such policies are basically about goods and services, supplied to the consumers or
customers, who desire to buy or hire goods and/or services from the sellers or manufacturers.
“Consumer” means an individual, whether in British Columbia or not, who participates in a
consumer transaction, but does not include a sponsor.[1]

“Consumer is defined as someone who acquires goods or services for straight use or possession
rather than for resale or use in production and manufacturing”.[2]

What is consumer rights & protection law?

Consumer protection laws are planned to ensure fair contest and the free flow of open
information in the market. The laws are planned to avert businesses that appoint in scam or
individual unfair practices from gaining an improvement over competitors and may provide
supplementary security for the weak and those not capable to take care of themselves. Consumer
Protection laws are a structure of government regulation which aim to protect the benefit of
consumers. For example, a government may have need of businesses to reveal detailed
information about products—principally in areas where safety or public health is an issue, for
instance food. Consumer protection is associated to the inspiration of “consumer rights” (that
consumers have various rights as consumers), and to the configuration of consumer
organizations which help consumers make better choices in the market.[3]

MARCH 15, 2010 was celebrated world wide as the 28th anniversary of the World Consumer
Rights Day. The day was celebrated on the 15th March, 1983 for the first time in the world
history. However, it does not mean that the concept of protecting consumer rights is a new one.
Rather since the dawn of human civilization, the ordinary citizens of every society have always
been deliberately trying to protect their rights as consumers, though its possibility might have
only been restricted to avoid unusual price hikes of necessary items of the daily life.

There are 8 basic rights of the consumers. These basic rights are internationally recognized and
have been approved by the United Nations. These are:

 The right to satisfaction of basic needs;

 The right to safety;
 The right to be informed;
 The right to choose;
 The right to be heard;
 The right to redress;
 The right to consumer education; and
 The right to a healthy environment.

To make an ideal framework for consumer rights protection, one needs to deal with three very
important elements of such protection: [4]

 Enactment of consumer legislation and regulations;

 Consumer empowerment via imparting required education and information; and
 Consumer representation in the national as well as international decision making process.
There are three pillars of consumer policy:
1. Consumer legislation and regulation;
2. Consumer demonstration;
3. Empowerment of individual consumer

In Bangladesh

Any query into the problem of consumer protection in one of the slightest developed countries,
such as Bangladesh, should start with the existing elementary differences connecting consumer
protection philosophies in the developed and developing countries of the world.[5]

Consumer protection in Bangladesh is in Articles 15 and 18 of the bill. Article 15 deals with the
stipulation of basic supplies like food, clothing, shelter, education, medical care, right to work,
right to work at sound wages, quantity and eminence of work, social security etc. The 18 deals
with civic health and integrity, like preventing the expenditure of alcoholic and other stimulating
drinks and of drugs, which are harmful to health.

In addition there are other various provisions of consumer law, which have been enacted from
time to time. For instance, the Control of Essential Commodity Act, 1956 has given power to the
government to control the production, distribution, preservation, use, and business etc. of
convinced important merchandise for which a license/ permit is a necessity

With consider to maintaining the quality of food for example flour, oil, ghee, etc. the Department
of Public Health has been entrusted with the duty of assessment and examination of the quality
of groceries underneath the Pure Food Ordinance 1959. This Ordinance as well prohibits persons
with contagious diseases such as tuberculosis, from attachment in manufacturing/preparation of
such food items.

Brief

Q: Why consumer of Bangladesh deprived from their rights?

The social site of the consumers in Bangladesh is very much at risk here. The consumers are
destitute of their rights at every bubble of their lives. The country has got a slight very old-
formed legislation, which are neither adequate nor sternly enforced for the fortification of the
rights of the general consumers. These contain Control of Essential Commodities Act 1956, Pure
Food Ordinance 1959, Standard of Weights and Measures Ordinance 1982, Drug Control
Ordinance 1981 and 1982, Breast Milk Substitutes (Regulation of Marketing) Ordinance 1984
and 1989, Standard and Testing Institution Ordinance 1985 and 1988. [6]

However, such legislative protections are not ample and thus, fail to meet the current necessities
of the consumers. Therefore, the general consumers of Bangladesh cannot take appropriate legal
action against the counterfeit and inequitable trade practices of the dodgy businessmen and
traders. Similarly, the issue of “consumer empowerment” is just as unnoticed both at the level of
government as well as that of the confidential sector.

Also, the consumers of Bangladesh require appropriate education about their rights as consumers
and they very frequently than not are destitute of receiving the correct information as regards
products and services. As well, there is a total dearth of consumer representation in the process
of decision-making.

Q: What are the aspects of consumer rights protection that most of the countries consider
but except Bangladesh?

There are three aspects of consumer rights protection[7], which every country must consider.
They are:

Institutional Protection: when national institutions are well-known to preserve and support
consumer rights of their citizens. For instance, 1914 the Federal Trade Commission (FTC), in
1927 the Food and Drug Administration(FDA) and in 1970 the National High Traffic
Administration(NHTA) were set up in the USA;

Statutory Protection: when applicable laws are enacted to look after the rights and interests of
the consumers. A lot of countries of the world, as well as those in Asia have already enacted
ample laws in this regard, for instance, the Consumer Protection Fundamental Act 1968 in
Japan[8], Consumer Protection Act 1979 in both Thailand and Sri Lanka, Consumer Protection
Act 1986 in India, Consumer Act of Philippines 1990 were enacted.
Voluntary Protection: when consumers themselves gladly set up associations and/or
organizations to look after their own rights and interests. These associations/organizations
usually work as force groups on the government on consumer rights issues. There are several
such charitable organizations in India, Pakistan, Sri Lanka and other countries of the world.

Q: Do we have similar extensive consumer protection law, which would ensure justice to
the poor consumer of our country?

After a lingering support and lobbying by the CAB (Consumer Association of Bangladesh) with
the government and the strategy makers a draft Consumer Protection Law was planned long time
back. This draft act is still deceitful with the Ministry of Commerce to be process for support by
the Parliament. Though we do have some available laws on top of consumer protection but that
are very divisive and usual.

Inside Bangladesh the Consumers’ Association of Bangladesh (CAB)[9] was established in

1978. With the persistent effort of CAB since 1994, a draft Consumer Protection Act for
Bangladesh was formulated in 1998 by the Ministry of Commerce in discussion with CAB and
other related ministries, Departments and agencies of the Government of Bangladesh. In 1999,
CAB approved a series of seminars and workshops where people from unlike corners of the
society aggressively participated to suggest indispensable changes in the draft act so prepared. In
February 2000, the Ministry of Commerce sent the draft Act (with necessary amendment
suggestions) toward the Law Reform Commission to do essential research on it. In the 29th
October, 2000 Law Reform Commission made available a report on the draft act. Like a final
point the draft Act got the preliminary endorsement at the cabinet but was another time sends the
Secretarial Committee meeting for more protection. This is so far the in progress type of the
Consumer Protection Act of Bangladesh. [10]

Consumer Protection Act of Bangladesh is extremely comparable to India and Sri Lanka. The
draft act is organized into four parts with 32 sections in total. The reason of the act is stated as:

 To protect the benefit of the consumers;

 To set principles in business; and to set up necessary institutions for satisfying the
exceeding mentioned purposes and for the settlement of consumer disputes.
According the draft Act, National Consumer Protection Council will establish in Bangladesh.
The matter of such board shall be to carry and protect the rights of the Consumers for instance

 The right to be sheltered against the promotion of merchandise and services which are
risky to life and possessions;
 The precise to be informed about the quality, quantity, energy, purity, standard and price
of goods and services so as to protect the Consumer against unfair trade practices; [11]
 The exact to be certain of the access to a mixture of goods and services at competitive
price;[12]
 The precise to be heard and to be confident that consumers’ interests will receive due
consideration at correct forums;
 The right to seek out redressal not in favor of inequitable trade practices/restrictive trade
practices or unprincipled operation of clients; the right to Consumer edification.

As well to the on top of mentioned council, there will be establishing at least one District
Consumer Court in each locality of Bangladesh and one National Consumer Court for the
whole Bangladesh to deal with Consumer disputes. The District Consumer Courts shall have
authority to consider complaints where the charge of the goods or services and compensation, if
any, claim does not exceed 25 lac taka. Such sum, if exceeds 25 lac taka, will be a matter for the
National Consumer Court. Petition adjacent to the instructions of any District Consumer Court
will lie with the National Consumer Court and call against the orders of the National Consumer
Court will lie with the Appellate Division of the Supreme Court of Bangladesh. [13]

The most outstanding part of the draft Act is that a complaint in relative to any goods sold or
deliver or granted to be sold or delivered or any service provide or granted to be provide, may be
file not only by the apprehensive consumer(s) or the government but also by any known
consumers association. For that matter, it is not essential that the apprehensive consumer(s) be a
member(s) of such consumer association.

The draft Act give pretty a lot of power to the District Consumer Courts and the National
Consumer Court. But such courts get any complaint to be true, they have the authority to issue
order directing the applicable party/parties to do one or more of the subsequent things, like-
  Remove the fault from the goods or services in problem;
 Replace the goods with new goods of alike description, free from any defect; to return the
price/charges compensated for the imperfect product/services;
 Pay return for any loss or injury suffer by the consumer due to disregard of the apposite
party;
 Terminate with undue trade practice or the restrictive trade practice; not to offer the
dangerous goods for sale;
 Withdraw the harmful goods from being presented for sale; and
 Provide for adequate costs to parties.

The entire of these Ordinances and act have been enacted amid good purpose to defend the
‘helpless’ consumers of Bangladesh. Likewise the CAB (Consumer Association of Bangladesh)
was recognized to protect the privileges of those consumers.

There are two very imperative issues, which are missing in the draft Consumer Protection
Act of Bangladesh. [14]They are-

1. There is no authority given to any District Consumer Courts or to the National Consumer
Court to subject an “interim order[15]” concerning the sale or pulling out of dangerous goods
from the market. The full complaint procedure would take months or years to reconcile the issue,
but in the interim the consumers may suffer severe loss unless such interim order is approved by
the Consumer Courts in appropriate cases.

2. There is no stipulation of constituting and maintain a “Consumer Protection Fund” for

shielding and promote consumer rights in Bangladesh. By an amendment in 1980, necessities for
such fund were included into the Sri Lankan Consumer Protection Act 1979. In Sri Lanka, the
source of such “Consumer Protection Fund” usually come from fines procure by the consumer
courts for offences under the Act, profits from sale of goods forfeited under the Act, grants and
contributions, and lastly from the budget certified by the parliament for fortification of consumer
rights. In Bangladesh, related provision for “Consumer Protection Fund” can be included into the
Act.
Food and safety quality control in Bangladesh

Food safety has become a significant topic as consumers in Bangladesh have become sufferer of
serious ruination in food. It’s been reported in the media how definite “rogue” restaurants are use
dead chicken meat and sweets mixed with substance that pretense health danger. We cannot
ignore as this is a matter of life and death. We must maintain assured standards with the intention
that consumers are pleased with what they consumed in terms of their quality, standard and
hygiene. Even government has to provide all necessary support to maintain the safety of foods.
Our constitution also gives importance to food safety.

There are more than a few activities under Bangladesh law for maintaining health and safety
standards. Like-

a) Offer better organize of the manufacture and sale of foodstuff for human consumption.[16]

b) Put a stop to the prejudicial activity connecting to the storage, transshipment, movement
provide and distribution of food grains. Provide basis for the protection of false statement or
information.[17]

c) Institute of Food and Radiation Biology (IFRB) of Bangladesh Atomic Energy

Commission is mainly involved in food irradiation research and development.[18]

d) Salt iodization and banned non-iodized salt from market, meant at virtual eradication of
IDD from the country.[19]

e) Bangladesh Standards and Testing Institution (BSTI), the only National Standards body of
Bangladesh, is playing an important role in developing and Promoting industrial
Standardization. Keeping in view that Standardization, metrology, testing and quality control in
the industrial spheres are the basic pre-requisite of the infrastructure necessary for sound
economic development of the country, the Government of Bangladesh has established the
Bangladesh Standards and Testing Institution (BSTI) with the merger of Bangladesh Standards
Institution and the Central Testing Laboratories in 1985 through promulgating[20]
But none of these practices very well in our country as a result we have to consume those
unhealthy unhygienic food products and commodities and suffered for different types of
diseases. The authority has been questioned that what are the reasons that you people cant
do anything with these laws and acts they said” We do not have enough manpower to
carry out this job. So what’s the result? We have all rules and regulations but we do not
have enough manpower to implement them.”[21]

Q: What are the problems of our country people which making the process slow?

Illiteracy: The majority of the people in Bangladesh we don’t know about the subsistence of
their rights as consumer. The key reasons for this is the not have basic education. They can’t
reflect up to the rank that they can have such privileges which would give them safety against
ruination of food, medicine etc. and the precise to get appropriate service for which they are
paying.

Economic condition: We can’t evade thinking of the economic situation which does not offer
the impression fit for consumers who are cautious and demand quality.

Compromising attitude: Every so often we do cooperate with the quality of goods bought
because of our pecuniary limitation. If we are inept of paying the accurate price for the goods we
buy, we can’t imagine a soaring set of quality for the same.

These are the miniature fractions of dilemma connected to the consumers. Conversely, there are
other troubles too. For instance in, our country there is no separate court for consumers’ rights.
As well as the consumers require appropriate power to go to the court to carry action adjacent to
those who disobey the consumers’ rights. So, the consumers have to to rely upon the government
official apprehensive to carry any useful action against the allege parties. Those supposed parties
are also taking benefit of this blurred situation. The fraudulent businessmen tend to establish a
good affiliation with dishonest government officials who may help them to defraud and utilize
the innocent consumers. Furthermore, the BSTI (Bangladesh Standards and Testing Institute)[22]
is overwhelmed with lots of problems similar to it does not have modern paraphernalia and
amenities for testing of many products. Besides, the wide-ranging consumers very often query
the competence and honesty of the official in the BSTI.
Conclusion

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.

Attentiveness helps a consumer regarding his or her legal rights and tasks. Except the law is
forced, at hand can be no fortification of the consumer. It is the conscientiousness of the
government to guarantee that the customer is not browbeaten by the seller. It is said that
customer is KING, although the patrons are real king if they are empower with market in
sequence, information of their right, accountability and rights and in a viable market,
synchronized by the government.

Many declare as, our current law is old-fashioned, not capable to look after the consumers,
defective and doesn’t 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?

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[1] http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_01

[2] http://en.wikipedia.org/wiki/Consumer_protection

[3] http://en.wikipedia.org/wiki/Consumer_protection
[4] Article published in MARCH 15, 2002 at Daily Star by Tureen Afroz , Barrister-at-Law;
Advocate of the Supreme Court of Bangladesh.

[5] Consumer Protection in Bangladesh: Law & Practice by Mizanur Rahman.

[6] http://www.worldnewsbank.com/tureen-star4.html

[7] http://www.thedailystar.net/law/2007/08/03/corner.htm

[8] http://www.consumer.go.jp/english/cprj/index.html

[9] http://deshiguide.com/yellowpages/findlisting/?id=17557&page=9&cat=3163

[10] http://www.thedailystar.net/law/2007/03/01/index.htm

[11] Pure Food Ordinance 1959. This Ordinance also prohibits persons with infectious diseases
such as tuberculosis, from involvement in manufacturing/preparation of such food items.

[12] The Price and Distribution of Essential Commodity Ordinance, 1970

[13] Emrana Ahmed (Senior research fellow of the law development), Article: Protecting
consumer rights

[14] http://www.thefinancialexpress-bd.com/more.php?news_id=2157

[15] A temporary court order; intended to be of limited duration, usually just until the court has
had an opportunity of hearing the full case and make a final order.

[16] The Bangladesh Pure Food Ordinance, 1959

[17] The Food Grain Supply Ordinance, 1956 (Ord. xxvi of 1979)

[18] The Radiation Protection Act, 1987

[19] The Iodine Deficiency Disorders (IDD) Prevention Act, 1989

[20] The Bangladesh Standards and Testing Institution Ordinance, 1985(Ordinance XXXVII of
1985)

[21] http://www.thefinancialexpress-bd.com/2008/09/10/45060.html

[22] http://www.bsti.gov.bd/about.html