by Anika Mardiha Chowdhury
A consumer is a person who receives goods and services from a business-engaged person, and a consumer is not directly involved in the trade. In a general sense, consumers or customers are those who wish to purchase or hire goods and services from sellers or manufacturers. Consumer rights are fundamental to human rights. In other words, according to a European author, 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.
Articles 15 and 18 of the Constitution of the People’s Republic of Bangladesh state the rights of consumers as they contain the area of citizens’ general rights. Article 15 states that the right to food security is a fundamental principle of public policy for sustainable livelihoods. Article 18 states that public order must promote public health and nutrition and prevent the abuse of drinks and drug addiction. However, the Consumer Rights Protection Act of 2009 was enacted to deal with consumer affairs. The Law is an addition to several other relevant laws dealing with consumer rights and their protection mechanisms sporadically.
The Consumer Rights Protection Act of 2009 has been enacted to protect the rights of consumers, prevent anti-consumer rights practices, and address any other matters connected herewith. To carry out the main purpose of this Act, Chapter II provides an establishment of the Council, which shall consist of the Minister in charge of the Ministry of Commerce, who shall also be its Chairman, then the Secretary of the Ministry of Commerce, the Director General of the National Security Intelligence Department, the Director General of the Bangladesh Standard and Testing Institution and many others. The Council is called the National Consumers’ Rights Protection Council, and the tenure of any nominated member of the Council shall be two years and six months from the date of his nomination. At least one meeting of the Council shall be held every two mo, nths and the functions of the Council shall formulate policy on the protection of the rights of the consumers for this Act and give directions to the Director General and the District Committee to implement the policy and others. For carrying out the purposes of this Act, in eveActdistrict, there shall be a District Committee to be called the District Consumers’ Right Protection Committee. The Council shall submit an annual report containing the details of its functions to the Government within 3oth June of every year.
Chapter III discusses the role of the Directorate of National Consumers’ Rights Protection. The Directorate shall assist the Council in performing all its functions and shall be responsible for the execution of the Council’s decisions. Also, he will work for the protection of the rights of the consumers, prevent anti-consumer rights practices, and take necessary steps to prevent any apprehended act likely to violate the consumer’s rights along with necessary actions thereupon.
The Directorate shall take action after recording the reasons in writing. He can issue a warrant to arrest such a person or to search the place where such things, documents, papers, or other things related to the offense are kept. He can also order a temporary closure of any shop, commercial enterprise, etc., for any anti-consumer rights practice. It is to be mentioned that the Directorate shall take the conclusive decision by conducting regular hearings, examinations, and investigations and considering the rights of the consumers after ascertaining whether any anti-consumer right practice has been committed actually for the reason of a violation of any provision of this Act or not. Action 20 of the following Act, states that any person may request the Director General through fax, e-mail, or any other means for taking necessary steps to facilitate the functions of the Director General; at this moment means that any person or consumer can file a complaint through fax or e-mail if any of his rights violates. Under 76, any person, either a consumer or likely to be a consumer, can make a written complaint to the Director General or any person empowered by the Director General against any anti-consumer right practice under this Act. After Receiving the complaint, if true allegations are found, then the fine imposed by the Director General shall be 25% of such realized fine immediately be paid to the complainant.
Under section 60, no complaint shall be accepted if such complaint is not made by any person to the Director General or any officer of the Directorate empowered on this behalf within (30) thirty days of arising the cause of action of any anti-consumer right practice under this Act. SectioAct1 states that the Magistrate shall not take cognizance of any offense if no charge sheet is submitted within ninety days of the complaint made under section 60.
Chapter V states about the trial where a Magistrate of the first class or a Metropolitan Magistrate shall try Offences under this Act. Also, it permits an operational trial as prescribed in Chapter XXII of the Code of Criminal Procedure, 1898.
Chapter IV discusses the punishments. For example, suppose any person violates any obligation imposed by any Act or rules of selling any goods within the cover and inscribing weight, amount, ingredients, or not. In that case, he shall be punished with imprisonment for a term not exceeding one year or a fine not exceeding Taka fifty thousand or both. The chapter also discusses the punishment for not preserving and displaying a price list of services, which is imprisonment for a term not exceeding one year or with a fine not exceeding Taka fifty thousand or both. Also, there are punishments for mixing prohibited materials in foodstuff, Punishments for filing false or vexatious cases, and other punishments for the relevant offenses. Any person aggrieved by any judgment or order passed by the Magistrate may prefer an appeal to the Sessions Judge having local jurisdiction within sixty days of the judgment or order.
Along with the remedies mentioned abo, vees the Act permits a city person to redress civil remedies, as well as Chapter VI states that in appropriate cases, nothing shall debar any affected consumer from filing a civil suit in a competent Civil Court for claiming civil remedies against a person on the ground that any criminal proceeding has been initiated against the person for any anti-consumer right practice or the person has been convicted of a criminal offense for such Act. Any person aggrieved with the judgment can appeal only to the High Court Division against the judgment and decree passed by a Court under section 67 within ninety days of such judgment and decree.
To execute the purpose of the following Act, the Consumer Rights Protection Rules, 2020 enacted. Section 3 of the Rules discusses the forms given in the schedule to be followed at the time of the complaint, after taking the complainant, if a fine is imposed, and others. Section 4 of the Rules states the procedure of complaint, the trial procedure, and the procedure of investigation of the genuineness of the complaint. The Rules mainly state the procedure to be followed to execute the provisions of the Consumer Rights Protection Act, 2009.
The Consumer Rights Protection Act of 2009 is a bunch of rights for consumers with advantages, es whereas under this Act, the contractors can file an administrative complaint only. As per the Act of 2009, no complaint can be entertained by the Court without the approval of the Director General of the Consumer Rights Protection Department. Therefore, only competent government officers are entitled to institute a case under this Law against any violation of such laws. A consumer, although barred from filing a direct complaint under the Consumers’ Rights Protection Act of 2009, can file a case under other Laws. The Law on Consumer Rights not only prohibits adulteration, hoarding, smuggling, black marketing, cheating or fraud in weight and measurement, or selling products at higher prices but also provides punishments for such acts.
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