CONSUMER PROTECTION IN BANGLADESH PRELUDE

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2 PRELUDE CONSUMER PROTECTION IN BANGLADESH Consumer rights are integral part of human rights. Over the years, these rights have gained importance towards safeguarding the interests of consumers at large from the clutches of business monopoly and trade malpractices. In the face of unequal bargaining power, regulating products and services, practices or standards of manufacturers, sellers and advertisers in the interest of buyers is crucial. In the ultimate equation, protection and promotion of consumer rights is the desire of a sound economic system vis-à-vis national interests. Previously, the principle of Caveat Emptor had the tendency to exempt the seller from the compulsion of unearthing the quality of the product. In addition, the personal relation between the buyer and seller was one of the major factors in their relations. But with the growth of trade and globalization, the rule is no longer substantive. It is now impossible for the buyer to examine the goods before hand and most of the transactions are done virtually. Further, on account of complex structure of the modern goods, it is only the producer/seller who can assure the quality of goods. With manufacturing activities becoming more organized, the producers/sellers are becoming stronger and organized whereas the buyers are still vulnerable and unorganized. In the age of revolutionized information technology, Internet 1

3 and with the emergence of e-commerce related innovations, consumers are further exploited to a great extent. As a result, buyers are being misled, swindled and deceived every now and then. Consumption activities has over the time developed into a sound footing through national consumer organizations striving to aid and protect the consumers by exerting legal, moral and economic pressure on producers of goods and service providers, especially in some of the developed countries. In comparison, consumer protection in our country is still in its infancy stage. The positive side is that Consumer Association of Bangladesh (CAB) has been working to promote consumer protection for over two decades and the civil movement they instituted has ripened into a law, namely, the Consumer Rights Protection Act 2009, enacted by the Government of Bangladesh on 06 April Though the enactment of the law was a signicant development in the journey, awareness and effective implementation is still a big challenge. 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), 2

4 2009. 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. To strengthen the consumer movement, under BQSP, European Union and NORAD have engaged UNIDO to support CAB in publishing the important provisions of CRPA 2009 so that people at large are able to know about their rights and responsibilities. We do hereby recording profuse thanks to the learned editors who worked hard to prepare this material. Our thanks to Empowerment through Law of the Common People for their contribution in producing this work. Our special gratitude to Ms. Indrani Thuraisingham, Head, Consumers International (CI), Kuala Lumpur Oce and her team for their assistance under the BQSP UNIDO activity. Our thanks also to Mr. Ouseph Padickakudi, Programme Manager of UNIDO, Mr. David Holbourne, Chief Technical Advisor of BQSP and Mr. KM Mostafa Anwar, National Programme Coordinator of QMS Component of BQSP, UNIDO for their support in implementing this project. Last 3

5 but not least, we do acknowledge and recognize the contribution of the Government of Bangladesh towards implementing the Bangladesh Quality Support Programme for the betterment and protection of the consumers. Quazi Faruque CAB 28 June

6 A Booklet on Consumer Protection in Bangladesh Edited by: Dr. Mizanur Rahman S.M. Masum Billah Indrani Thuraisingham 5

7 INTRODUCTION CONSUMER PROTECTION IN BANGLADESH Consumer rights is the resonance of the human rights notion, with the demand for consumer protection increasing day by day. In keeping pace with the modern world, the formulation of the Consumer Rights Protection Act 2009 is a significant progress towards the protection of the rights and interests of the consumers in Bangladesh. The benefit of consumers is the primary objective of this law. To enjoy their rights, the consumers have to exercise their responsibilities diligently otherwise the oblivious consumers will be easy victims of unethical traders. To overcome the venomous circle of fraud, every consumer must remain vigilant and be assertive of their rights and be aware of their responsibilities. Hence, this effort in the form of Booklet on Consumer Protection is designed to educate the consumers to be consistently aware of their rights and responsibilities. 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 6

8 and the maxim buyer be aware should not be relied upon to reward fraudulent and deceptive businesses. The concept of consumer rights can not be separated from the human rights perspective. Consumer rights are regarded as a facet of social justice. Ralph Nader, pioneer of the American consumer movement said, consumers are the vital force of the economy. 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 7

9 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. 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 prevent others from meeting their own needs. 8

10 Who is a consumer? A consumer is anyone ranging from the cradle (a baby) to the tomb (till the person dies); from the Prime Minister of a country to the labourer on the street. In simple words, the persons who uses or consumes products or services are consumers. In the eyes of law, a person is required to fulfill certain conditions to be regarded as a consumer. Consumers are those persons who, for oneself or for the dependants, buy or use or obtain a permission to use any products or service by offering a price, prompt or due or in installments. In addition, any person using such products with the consent of the buyer will also be treated as a consumer. But if someone buys something for the purpose of resale or for any other commercial purposes, he or she shall not be a consumer as such. Personal consumpion is the main test for defining oneself as a consumer. Under CRPA 2009, a person who buys goods to earn a livelihood by self-employment (though in a commercial scale) also falls within the definition of a consumer. 9

11 State s Duty The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of a agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rules areas. Art. 16 of the Constitution the People s Republic of Bangladesh The state shall regard the raising of the level of the nutrition and the improvement of public health as among 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 of drugs which are injurious to health. Art. 18 of the Constitution the People s Republic of Bangladesh 10

12 CONSUMER RIGHTS ARE RECOGNIZED IN THE CONSUMER RIGHTS PROTECTION ACT, 2009 The rights include: 1. Obtaining commodities or services at a price fixed by the authority or at a reasonable price. 2. Right to have safe and pure products. 3. Right to have necessary and correct information about products. 4. Right to be informed of the qualities or defects (if any) of a particular product. 5. Right to know the quantity of the product. 6. Right to know the utility, purity and price of the product. 7. Right to have products or services in right quantity and quality. 8. Right to have choice among product offerings. 9. Right to have defense against activities relating to purchase or sale of products by which life or property may be in danger. 10. Right to education about consumer rights and protection. 11. Right to have access to remedy in relation to violations of consumer rights. 11

13 ELEMENTS OF THE CONSUMER RIGHTS PROTECTION ACT, 2009 The Consumer Protection Act 2009 came into force on 6 April It is designed to protect consumer rights, prevent anticonsumer activities and matters incidental therewith. The essence of the legislation may be succinctly described as: Protection from products hazardous to life and health Protection from concealment of information and unfair trade practice Protection from arbitrarily imposed sale conditions by the seller Initiating effective mechanisms to settle consumer disputes. To monitor the market price when the price of the product is fixed Raise awareness among consumers. Two Important features of the Act Establishment of National Consumer Rights Protection Council and National Consumer Rights Protection Directorate Provisions for consumer education and concurrent remedy of civil and criminal redress 12

14 Who is a seller? The manufacturer, producer, supplier, and seller (both wholesaler and retailer) are sellers according to law. Who is a producer/manufacturer? The following persons shall be treated as producer: Person who produces or manufactures a product or part of it. Person who does not produce a product but accumulates different portions manufactured by others and makes a product of his own. Person who attaches his/her distinct trademark or seal upon products manufactured by others and claims as such his/her own product. The producer who exports or imports products in and out of Bangladesh but has no branch offices here. What is service? Service includes transportation, telecommunication, water supply, sanitation, fuel, gas, electricity, construction, residential hotel and restaurant, medical facilities etc. which a person obtains by paying a price. 13

15 What is product? Products are those movable commercial commodities which buyers buy from sellers in exchange of value or contract to buy them. Which are food products? Food products are any food, fruits and water which are essential for life, nutrition and health of human beings, the domestic animals and birds. What is drugs? Drugs are any medicine including homeopathic, allopathic, unani (pertaining to the Muslim system of medicine/the profession of hekim), ayurvedic(indian system of medicine) used in order to prevent or cure a disease. 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 14

16 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. 15

17 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. A person may submit complaint of any activity violating consumer rights to the DG or any person 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. iv. Filing of Complaint: Under the CRPA 2009, no person can file a complaint directly at the Magistrate s 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. Then, within 90 days of the complaint received, the charge has to be filed to the Magistrate court with the approval of the DG. 16

18 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 five fold 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 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 17

19 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. WHERE TO FILE A COMPLAINT? A consumer of any product or service can file his complaint to the Director General (of the Department of Consumer Right Protection) or any person authorized by him. The District Magistrate or any other person duly authorized by him also can entertain any consumer complaints. Besides that, complaints can also be filed at the Head Office or District Committee of the Consumer Association of Bangladesh (CAB). How to file a complaint? A complaint needs to be in writing. Here are some general points which you need to take care of while making a compliant: Mention complete details of your name, permanent address, phone number, ID etc. in the complaint. Mention the name and address of the opposite party (of 18

20 whom you are complaining about) including its address, contact number of its head / registered office, branch office for easy contact. Mention the date on which the grievance took place. Make sure you mention the events and happenings in a chronological order of date and time. Also provide the supporting documents in the same order so the case is properly understood. Write the most important aspect of the complaint. Clearly state the amount and issue involved. Mention what exactly you expect the opposite party to do. Do not cover up any mistake at your end. Mention it to the consumer group / authority for better understanding of the case. Include as enclosures copies of earlier correspondence, cash memos, bills etc., policy with terms and conditions in the case of insurance, loan agreement, terms and conditions of credit cards, bills, etc., guarantee and warranty of products, reply from the opposite party, if any. Even in case you lodge a complaint via , ensure the attachment of all these documents. Your complaint must be complete. Mark a copy of the letter sent to the opposite party and 19

21 to the consumer organizations as well. Cooperate with consumer organizations as much as possible in its efforts to solve your problem. Try to make follow ups to show your seriousness. Remember... Who can file a complaint? Following persons can file complaint regarding any act against consumer rights: Any consumer or more than one consumer having interests in the matter, Any registered consumer organizations, National Consumer Right Protection Council or any person authorized to file a complaint on its behalf, Government or any officer authorized by the government, Concerned wholesaler or retailer What is the time-limit? Complaint needs to be filed within 30 days of occurrence of the cause of complaint. 20

22 Against whom complaint can be filed? Complaint can be filed against the seller of the product or service provider. Here, seller of the product includes the producer, manufacturer, supplier and wholesaler or retailer of the product. Cost of litigation A complainant can file a case in the Magistrate Court subject to the permission from the National Consumer Rights Directorate. In this case, the complainant need not bear any cost but if the Magistrate thinks that, the fault of the product needs to be proved by proper testing or analysis, the complainant will have to bear the cost of the testing of sample. Suit for compensation needs to be filed in the court of Joint-district Judge. Therefore, the cost of litigation will be the same as an ordinary civil litigation and the litigant (complainant) will have to bear the cost. If the complainant can establish his / her case, there is a possibility of getting an order from the court that the accused should pay the cost of the litigation. On what grounds can the complaint can be filed? a. When any product, service or medicine is sold or being sold at a rate more than the fixed rate, 21

23 b. When any adulterated product or medicine is sold or being sold knowingly, c. When any food product mixed with materials injurious to health is sold or being sold, d. Using of false and untrue statements in advertisement in order to deceive the buyers, e. Non-delivery or supply of any product or service after payment, f. Providing under-weight or short-measured product, g. Use of such weight, instrument for weighing or yardstick or tape by any seller which displays less than the perfect weight or measure, h. Manufacturing or producing false medicine, i. When any expired medicine or product is sold or being sold. j. When any defective product or unsatisfactory service is provided. What types of solutions are there? Two types of solutions/remedies can be obtained in case of offences against consumer rights, such as Criminal remedy: imprisonment, fine etc. Civil remedy: obtaining compensation etc. from the defendant. 22

24 Forms of Relief for Consumer Grievance Remove defect from goods Punishment (ranging 1 yr to 3 yr, taka to 2 lakh taka) Replace goods with product of similar description Reimburse the consumer the price Compensation for injury Remove deficiencies in service Withdraw sale of hazardous goods Cease manufacturing of hazardous goods Issue corrective advertisements Impose fine, permanent or temporary closure of business or cancellation of licenses Some remedies are administrative in nature. Criminal remedy: Remedy can be obtained from the Magistrate Court. The Magistrate can mete out imprisonment and fine as punishment. 23

25 Appeal Appeal may be filed in the Court of Session judge within the same local jurisdiction against the decision of the Magistrate within 60 days. Civil remedy For civil remedy, the suit shall be filed in the court of Jointdistrict Judge. Appeal: Appeal may lie to the High Court Division against the order or decree of the Joint-district Judge within 90 days of the decision. 24

26 VARIOUS OFFENCES AGAINST THE RIGHTS OF CONSUMERS: The offences under the Consumer Rights Protection Act 2009 are liable to be meted out in different forms of punishment. The law has provided provisions for imprisonment or imposition of fine or both. Depending on the gravity of the offence, the financial penalty ranges from 50, 000 taka to 2 lakhs taka and the imprisonment ranges from 1 year to 3 years. The specific offences and their punishments are shown in Annexure I. Points to be noted: If there is reasonable cause to believe as such that a seller has done something unlawful unknowingly or with bonafide intent, he should not be made liable under this law. The owner of a shop is not to be held liable if he has no connection with the marketing or production of any adulterated or defective goods. No hawker or ferriwala would be responsible for selling any fake or adulterated or defective items unless it is shown that he has done so in order to achieve an unlawful gain. 25

27 OTHER LAWS HAVING CONSUMER PROTECTION IMPLICATIONS: The Penal Code 1860 The Penal Code 1860, one of the oldest statutes of the land, contains some provisions relating to consumer protection. Offences relating to weights and measures (Ss ), offences relating to public health, safety and convenience (Ss ) have been made punishable both in terms of fine and imprisonment. Other offences punishable under this penal law are public nuisance, negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, adulteration of food or drink intended for sale, sale of noxious food or drink, adulteration of drugs, sale of adulterated drugs, sale of drug as a different drug or preparation, polluting water or public springs or reservoir and making the atmosphere noxious to health. The Trade Marks Act, 2009 Sections of the Trade Marks Act 2009 are designed to suppress certain unfair trade practices relating to trade marks which have the tendency to deceive consumers. Remedies can be sought under these provisions against falsifying and falsely applying trademarks, selling and 26

28 using false trademarks and tradenames, misrepresentation of trademarks etc Essential Commodities Act, 1957 The Essential Commodities Act 1957 empowers the government to make any Order to regulate and control the price, supply, distribution of essential commodities for daily life. Section 3 read with section 6 of the Act provides a penalty if any Order is flouted or anything is done in contravention to this Act. Pure Food Act, 2005 With a view to protecting consumers from the menacing effect of adulterated food, the Pure Food Act was passed in Adulteration of food is an offence under the Act, providing penalties of different kinds. The Act provides for the local government to appoint a Public Analyst to check, control the health and sanitation, quality / safety of foods, drinks and other products marketed in the localities outside the municipality and city. Standard of Weights and Measures Ordinance, 1982 This law was enacted to make provision for the establishment of standards of weights and measures based on the metric system and units of measurement and for matters connected therewith or incidental thereto. 27

29 The law, inter-alia, provides penalty for use of nonstandard weights or measures which may amount to three thousands taka or six months of imprisonment (Section 32). The Special Powers Act, 1974 Special Powers Act is a rigorous law to penalize blackmarketing and adulteration of foods. Under section 25 of this law, if anyone is found guilty of hoarding or dealing in the black-market shall be punishable with death or with imprisonment for life, or with rigorous imprisonment for a term which may extend up to fourteen years, and shall also be liable to fine. It also provides penalty up to five years imprisonment with fine for adulteration of, or sale of adulterated food, drink, drugs or cosmetics. The Bangladesh Standard and Testing Institution Ordinance, 1985 The BSTI Ordinance provides for the establishment of an Institution for standardization, testing, metrology, quality control, grading and marking of goods. Section protects certain rights of the consumers by bringing some offences (like improper use of standard mark, disregard of export or sale restrictions etc) within the ambit of this law. 28

30 The Mobile Courts Act, 2009 The Mobile Courts Act empowers the executive Magistrates to take into cognizance and try various offences under a number of laws including a good deal of legislations having consumer implications. However, under this law, no Magistrate of a mobile can impose punishments of more than 2 years. But in imposing fines, the amount is fixed according to the law under which the offence was committed. Iodin Ovabjonito Roug Protirodh Ain, 1989 This law made some unique provisions for better supply of iodized salt in the market. It forbids the importing of salt from abroad other than iodized salt. The law prescribes certain mandatory information to be shown on the packet of salt. The Water Supply and Sewerage Authority Act, 1996 This piece of legislation was enacted to ensure safe drinking water. Any interference with the supply of water or any negligent activities which has the tendency of contaminating the water supply is said to be punishable under this law. Smoking and Use of Tobacco Goods (Control) Act, 2005 Advertisement of tobacco products has been prohibited 29

31 by this law. The statutory caution to the effect that smoking is harmful for health etc is to be legibly printed on the packet of tobacco products. Breast Milk Substitutes (Regulation of Marketing) Ordinance, 1984 Promotion of breast milk substitutes are discouraged by this legislation. It provides that no breast-milk substitute shall be marketed unless- (a) it is put in a sealed and closed container; (b) an easily readable and understandable message in Bangla is printed on a conspicuous part of its container to the effect that nothing is substituted for or equivalent or superior to breast-milk; (c) clear instructions on the proper method of its preparation and information regarding its composition are printed on the container or in a literature kept inside the container; and (d) its registration number and the dates of its manufacture and the expiry of its usefulness are printed on the container. Neither the container nor any literature kept inside the container shall have any picture of infant or such other picture or writing which may idealise the use of any breast-milk substitute. Contravention of this law shall be punishable with imprisonment for a term which may extend up to two years, or with a fine which may extend to five thousand Taka, or with both. 30

32 Bangladesh Energy Regulatory Commission (BERC) Act, 2006 Every licensee under this law is required to open necessary complaint box to facilitate consumers grievances relating to energy services or matters incidental with it. The licensee is to publicize about the location and the manner of communications. Any aggrieved consumer can lodge their coplaint over telephone or in writing. The complaints are to be recorded in writing and disposed off within seven days according to the code of practice fixed by the Bangladesh Energy Regulatory Commission (BERC). A dissatisfied consumer can apply to the BERC in case of non-response from the licensees. Bangladesh Standard Weight and Measures (Labeling of Goods) Rules 2007 The rules framed under the Bangladesh Standard and Measures (labeling of Goods) Ordinance 1982 have laid down that certain information is to be mandatorily scribed on the label of packaged goods. For example, the name, address of the manufacture, contact, manufacturing date of the goods, expiry date, caution, price, weight etc are to be clearly legible on the packaged goods. 31

33 The Local Government (Paurashava) Act, 2009 The Paurashava is responsible for the sanitation of the municipality as well as the control of environmental pollution, control of the safety in building and road construction, control the slaughter houses, dhoby ghats / bathing places etc. It will also take adequate measures for removal, collection and disposal of refuse. It will also ensure the supply of the wholesome, safe and quality water sufficient for public and private use. Paurashava may by by-laws, prohibit the manufacture, sale or preparation, or exposure for sale, of any specified article of food or drink in any place or premises not licensed by the Paurashava. It may prohibit the import into municipality for sale, or the sale, or the hawking for the sale, of any specified article of food or drink by person not so licensed. The act also ensures that the dwellers in the municipality area have the right to access to the information about the activities of the Paurashava. Local Government (City Corporation) Act, 2009 Similar to the Paurashava Act, 2009, the City Corporation Act 2009 also has assigned the same responsibilities above to the City Corporation to be applicable in the cities: Dhaka, Chittagong, Rajshani, Khulna, Sylhet and Barisal. This Act also ensures that the dwellers in the City area have the right to access to the information about 32

34 the activities of the City Corporation. THE SELLER SHOULD EXHIBIT ETHICAL BEHAVIOUR IN THE MARKET PLACE The key to maintain a healthy environment in the market place is the trusted relationship between customer and seller. The saying of Mahatma Gandhi is true for all sellers: The consumer is the life of the market place. Consumers are the main driving force of the whole business WHAT IS FAIR BUSINESS PRACTICE? Some Examples of Unfair Trade Practices Consumer Rights Protection Act 2009 does not specifically define the term unfair trade practice. But this is such a term which is judged by reasonable parlance. If you think the average person of reasonable thinking would consider a practice unfair or deceptive, it probably is. Here are some specific examples of actions that are considered unfair and deceptive: 1. False advertising and other misrepresentations - advertising and statements which have the tendency to mislead are illegal, i.e. actual false statement in advertisements about a product s 33

35 quality, ingredients or effectiveness. 2. Use of prices in advertisements that are not the real price of the merchandise described. 3. Deceptive statements of guarantees in advertisements - the statement must identify the nature of the guarantee and who is offering it (the manufacturer, the seller or someone else), what parts of the product are covered and what is required of the consumer to make a claim under the guarantee. 4. Claiming that the item is on sale by untruthfully pretending the product usually sells for a price higher than its normal price. 5. Advertising an item at a very good price to induce customers to come in and then only selling the item at that price if the purchaser also buys another more expensive product. 6. Using the terms special price or priced for sale or clearance price or similar terms when the items are not being sold at reduced prices and without clearly disclosing the actual former price or the percentage reduction from the former price that is actually being offered. 7. Charging for products or services at higher rates than the marked, published or advertised price; 34

36 The main principle of honest business is The seller should never make profit at the cost of consumer s interest or greater welfare of the society. In addition, the seller should create opportunities of purchase to consumers by providing the fair price, appropriate quality and accurate weight of the commodities. A. The seller must ensure products are packaged properly during the sale of commodities. Four indispensable details must be mentioned clearly on the packaging: 1. The maximum retail price of the item 2. The date of production. 3. The date of packaging 4. The date of expiry. B. The seller must hang the price list of goods in a place easily visible to consumer. C. The price of product cannot be more than the maximum retail price, which must be clearly written on the packet. D. The seller should be careful and avoid adulterated goods, such as food and medicines. E. Anything formidably dangerous to human life or health cannot be mixed with food item, eg. unsafe colouring dye mixed with food or medicine. 35

37 F. The quality and the measurement of the goods must be accurate; this means the seller cannot sell the goods with a weight lower than the promised weight during sale of the goods. G. The measuring scale must be maintained and be visible. In case of necessity, the measuring scale is to be recalibarated. H. The adulteration of goods is to be avoided at all cost. I. The seller shall abstain himself from selling expired items. J. The neglect or unconcerned attitude of the seller should never be the reason of loss of life or ill health of the purchaser such as, if there is possibility of side effect in using product, the seller must intimate the effect to the consumer. K. No statement with false promise can be advertised. Some other rules of fair business: 1. In all cases of the sales, a sale receipt is to be given to the consumer. 2. The basic rights of the consumer are to be respected. 3. In case of purchase of goods or services, the right of the consumer to choose and the right to know the facts about the goods or about the service are to be given utmost priority. 36

38 Fair business practice ensures consumer protection The consumer must be vigilant during sale /purchase: Like a large joint family, all of us are consumers till death. The aim of all of us is to win the battle against unfair trade practice. The weapon of this battle will be bit different. The weapon is the awareness of the large consumer family. The consumer by using this powerful weapon can easily obtain the safe and quality goods and services at the right price. Consumers! Let s Move! Let s March! If the consumer is wise during purchase / shopping, then they need not to return home with the worry that they may have been cheated. The seller will also not have the opportunity to cheat vigilant consumers. Elements of a Wise and Empowered Consumer: Factors which you must consider during purchase: a. Take a receipt when you purchase any goods; this is because in case of any legal action, the receipt would provide the neccesary information on proof of place, date, 37

39 time and the product. b. Inquire correct information and details about the guarantee and warranty care. c. Please ensure whether the name of the manufacturer, date of production, net weight, expiry date and the price (maximum retail price) are written on the package or not. Do not buy if these information are not visible. The name of the importer, address and registration number are to be there on the package of imported products. Be careful during purchase. If you are vigilant, you can shield yourself from untoward exploitation by producers. d. No goods can be sold at a price more than the maximum retail price displayed on the package. e. During purchase of gold jewelleries, please note that the measuring scale is of first or second class categories and there should be the seal of official measurement inspector on it. Safe and quality product at fair price is a basic requirement for consumer protection. 38

40 f. In case of labelled products, please ensure BSTI logo is displayed on the packet. g. The trademark on the label of agricultural item such as rice, lentils, flour, suji carries the identity of purity & reliability of the products. h. If the purchaser needs to examine the measure of petrol during purchase of diesel, every petrol packet is to be examined in public and is to be kept in a 5 liter pack. i. Before purchasing medicine, please ensure the product is not banned and also see the name of the manufacturer & expiry date. FROM LET THE BUYER BEWARE TO LET THE SELLER BEWARE The main essence of consumerism is the protection of the consumer rights. To vanguard this right, the responsibility of seller is higher than the consumer. In early times, the buyer beware was the practice. But with change of time and proliferation of trade and commerce, it has rather become impossible for a purchaser s part to know every detail of the manufacturing process of goods. Therefore, the argument that a consumer, before purchasing a product, has to know all is not realistic and practical. As of now, it is the responsibility of the seller to provide all information of the desired product to the consumer. 39

41 The seller has to take the responsibility so that in no way the rights of the consumer is infringed. WHICH FOOD ITEMS ARE SAID TO BE ADULTERATED? 1. Prepared or stored in an unhygienic environment. 2. Prepared with animal s diseased meat or vegetables laced with chemicals (ripening agent, pesticides). 3. Prepared by mixing with some intoxicated or injurious ingredients such as brick powder, melamine etc. 4. Prepared by mixing with some banned pigment. 5. Prepared by using excessive dye or color. The consumer society has to foil the deceptive behaviour of unethical businesses. If the consumer remains vigilant, the consumer will be assured of quality and safe product. Remember: Awareness is the key weapon of a consumer. 40

42 Annexure I Specific Offences against Consumer Rights and Penalty 41

43 Consumers Association of Bangladesh (CAB): Consumers Association of Bangladesh (CAB), is a nongovernment, non-political and non-profit voluntary organization. It was established in February 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. The aims and objectives of CAB: To generate awareness amongst the consumers on their internationally recognized rights and responsibilities as consumers. Encourage and help develop consumer associations and consumer activist groups at the district and rural levels. Provide mediation and legal support to aggrieved consumers. Undertake research and studies on consumer issues, challenges and problems. 42

44 Developing understanding and partnerships with different groups, associations, institutions, NGOs and government departments and services in furtherance to the welfare of the general consumers in the country. To develop and foster contacts and liaison with the national and international organizations having similar objectives. Testing products and services regularly to ensure market place is safe and consumer friendly. How CAB helps consumers: CAB has its own complaint cell. An aggrieved consumer, whose right has been violated, may submit a complaint via post, or in person. After receiving the complaint, CAB investigates the matter and provides redress in the form of settlement through negotiation and mediations between the parties. Legal assistance is sometimes provided to the aggrieved consumers. CAB monitors prices of essential goods in the market on regular basis and publishes the price list through media for convenience and knowledge of the consumers. 43

45 CAB Directory CAB Central Office Consumers Association of Bangladesh (CAB) 8/6 Segunbagicha, Dhaka-1000, Bangladesh Phone: , , Fax: Website: CAB District Committee Dhaka Division S.M Sarowar Jahan General Secretary CAB Kishoregonj District Committee C/O: CAIDS 503 Monipur Batrish, Kishoregonj-2300 Phone: Mobile: , [email protected], [email protected] or Alam Sarowar Titu (Journalist), CAB Kishoregonj District Committee 11, Batrish, Kishoregonj-2300 Phone: Mobile: Sheikh Foyez Ahmed, Journalist General Secretary CAB Faridpur District Committee C/O: Human Prosperity Foundation 5/82 Alipur C/A PPSS Firoja Begum Complex(2nd Floor) Faridpur-7804 Phone: , Mobile : Professor Tareque Ayub Khan: Md. Abul Hossain Convener CAB Demra Local Committee 111/2 Mir Hazirbag, Demra Dhaka-1204 Phone: Mobile:

46 Md. Moshrraf Hossain Nihar Convener CAB Hazaribag Local Committee Islamia Pharmacy 208 Hazaribag Road, Jikatala Dhaka-1209 Phone : Mobile: Dr. Mujibur : Mahbubur Rahman Convener CAB Manikdee Local Committee 295 East Manikdee Dhaka Cantonment, Dhaka-1206 Mobile : Saidur Rahman Likhon Member Secretary CAB Gaforgoan Thana Branch Mohila College Road, Gaforgoan Mymensingh. Mob: Golam Sarowar Sanu Member Secretary Manikgonj District Committee 1/1 Block-A Gangadar Potti, Manikgonj A.A.K Mahmudul Hasan (Dara Mia) CAB Jamalpur District Committee Dewanpara, Jamalpur. Mob: Mokhlesur Rahman: or Professor Md. Abdul Hai General Secretary CAB Jamalpur District Committee Sardarpara, Jamalpur Mobile: , Advocate Md. Abul Kashem CAB Mymensingh District Committee 19 Makorjani Road, Naomahal, Mymensingh Phone: (Office), (Residence) Mobile: Jahanara Begum Netrokona District Committee C/O: WDO Nagra More, (Near LGED Bhaban) Netrokona-2400 Phone: , Mobile: [email protected] Md. Shahid CAB Gazipur District Committee C/B-03 Shantibag, Shimultali, Gazipur-1703 or C/O Md. Sohel A Raman Khaja Drug House, Shimultali Khan Market, Gazipur Mobile: , [email protected] Md. Fazlul Haque CAB Norsinghdi District Committee 215 Bagdi, P.O+Dist: Norsinghdi Mobile : , or Shiske, BISIC 128 Motijheel C/A (7th Floor) Dhaka-1000, Phone:

47 Md. Ziaur Rahamn Chowdhury Member Secretary CAB Gopalgonj District Committee C/O Bangladesh Rural Advancement Foundation P.O+P.S: Kashiani Dist: Gopalgonj Phone: , Mobile: Md. Jahangir Sarker Montu CAB Munsigonj District Committee Samobai Bhaban, Kachari Road Munsigonj-1500 Mobile: Member Secretary: Fakir Abdul Jabbar Convener CAB Rajbari District Committee Road # 1, House # 1 (Old) Beradanga, Rajbari Mobile: Md. Abdul Hai Shamim Member Secretary Mobile: Md. Shahid CAB Gazipur District Committee C/B-03 Shantibag, Shimultali, Gazipur-1703 or C/O Md. Sohel A Raman Khaja Drug House, Shimultali Khan Market, Gazipur Mobile: , [email protected] Professor Abu Taher Convener, CAB Sherpur District Committee Md. Abdul Hakim Babul, Journalist Member Secertary, CAB Sherpur Hazi Bari, Nabinagar, Sherpur Phone: Mobile: Md. Billal Hossain Khan Convener Md. Mahbubur Rahman Member Secretary CAB Shariatpur District Committee C/O:SDO, Sadar Road, Shariatpur Mobile: , Dr. Md. Shahneoaj Chowdhury Convener CAB Narayangonj District Committee 143 B B Road, Narayangonj-1400 Mobile: Md. Fazlul Haque CAB Norsinghdi District Committee 215 Bagdi, P.O+Dist: Norsinghdi Mobile : , or Md. Fazlul Haque CAB Narsingdi District Committee Shiske, BISIC 128 Motijheel C/A (7th Floor) Dhaka-1000, Phone:

48 Md. Ziaur Rahamn Chowdhury Member Secretary CAB Gopalgonj District Committee C/O Bangladesh Rural Advancement Foundation P.O+P.S: Kashiani Dist: Gopalgonj Phone: , Mobile: Md. Jahangir Sarker Montu CAB Munsigonj District Committee Samobai Bhaban, Kachari Road Munsigonj-1500 Mobile: Member Secretary: Fakir Abdul Jabbar Convener CAB Rajbari District Committee Road # 1, House # 1 (Old) Beradanga, Rajbari Mobile: Md. Abdul Hai Shamim Member Secretary Mobile: Md. Billal Hossain Khan Convener Md. Mahbubur Rahman Member Secretary CAB Shariatpur District Committee C/O:SDO Sadar Road, Shariatpur Mobile: , Dr. Md. Shahneoaj Chowdhury Convener CAB Narayangonj District Committee 143 B B Road, Narayangonj-1400 Mobile: Professor Abu Taher Convener, CAB Sherpur District Committee Md. Abdul Hakim Babul, Journalist Member Secertary, CAB Sherpur Hazi Bari, Nabinagar, Sherpur Phone: Mobile: Chittagong Division S.M Shaheen General Secretary CAB Brahmonbaria District Committee C/O: Shapla Manobik Unnayan Sangsta Astachal Nibas 375/339 Medda Bus stand Brahamonbaria-3400 Phone: Mobile: , S.M Nazer Hossain CAB Chittagong District Committee C/O: ISDE, House # 329 (Ground Floor) Road # 13, Block-B Chandgao Residence Area, Chittagong Mobile: [email protected] Iqbal Bahar Saberi, General Secretary:

49 Md. Ali Hazari CAB Comilla District Committee Comilla Tower Hazari Computers, Kandirpar Comilla. Phone: Mobile: , Professor Mosharaf Hossain Member Secretary, CAB Chandpur District Committee Rabeya Manson (1st Floor) Zorpukurpar, J.M. Sengupta Road Chandpur. Mobile: Md. Mozammel Haque Phone: , Cell: Fazlul Kader Chowdhury, Journalist CAB Cox s Bazar District Committee Hotel Kohinur Annex Bhaban Shahid Saroni, Cox s Bazar Mobile: [email protected] Umme Sajeda General Secreatary Phone: Abu Taher Muhammad Convener CAB Khagrachari District Committee C/O: Daily Aranyabarta Masterpara, Khagrachari District Phone: Mobile: , or Prodip Chowdhury Member Secretary CAB Khagrachari District Committee C/O: Continental Courier Service Khagrachari, Phone : Mobile: , (Res) Prativa Tripura : Kazi Nazrul Islam CAB Ranggamati District Committee C/O: Ranggamati Chamber of Commerce Dist: Ranggamati Phone: (Mostafa) Mobile: [email protected] Manirul Islam Monu CAB Bandarban District Committee Madhyampara, Bandarban Phone: Shanti Saraki Mobile: , [email protected] Abul Kalam Azad Member Secretary CAB Noakhali District Committee Khayer Photostat, Sub Reg: Office Chowmuhoni, Noakhali Mobile:

50 Md. Abdul Alim Convener CAB Patia Upazila Branch Khanmahal Road Patia Community Centre (2nd floor) Patia-4370, Chittagonj Mobile: Md. Mozammel Haque Chowdhury General Secretary CAB Boalkhali Upazila Branch Noor Nahar Bhaban (1st Floor) 5 WASA, Saban Ghat, Khaja Road, Chandgao Chittagonj Mobile: , Rajshahi Division A.H.M Golam Mostafa (Mamun) General Secretary CAB Rajshahi District Committe Mina Vila, Tikkapara, P.S: Boalia Rajshai-6100 Pone: Mobile: Kazi Gias Mobile: Nurul Islam Dulu CAB Rangpur District Committee C/O: Devi Chowdhurani, Palli Unnayan Kendra Islam Vila, House# 269, Road # 4 Guratipara, Dist: Rangpur. Phone: (Office), (Res) Mobile: Golam Mahati: Mokshed Bahalu: Md. Shahiduzzaman CAB Thakurgaon District Committee P.O: Narail, Collegepara, Thakurgoan Phone: Mobile: (Enamul Haque) Shah-e-Mubin Jinnah CAB Dinajpur District Committee C/O: CDA Upashahar, Block-1, House-51, Dinajpur Phone: Mobile: , (Kafi Sarker) Shamima Laizu Nila, CAB Natore District Committee Mohanpur, Hazra, Natore Phone: Mobile: Altaf Hossain, Secretary : [email protected] Altab Hossain General Secretary CAB Chapai Nawabgonj District Committee C/O: Bil Chalan Unnayan Sangsta (BCDP) Arambag, Bat Tala Hat, Chapai Nawabgonj Phone: Mobile: Advocate Shawkat Ara :

51 Mahfuza Ara Miva CAB Bogra District Committee C/O: Program for Eco-Social Development Katnar Para, Karnation Lane Bogra-5800 Phone: (Residence) Mobile: M. Abdus Salam CAB Gaibandha District Committee C/O: Gano Unnayan Kendra Nusratpur, Gaibandha Sadar, Gaibandha Phone: , Mobile: or Abu Jafar Sabu General Secretary CAB Gaibandha District Committee Gaibandha Press Club, Kacharipara Gaibandha. Mobile: Mustafa Abdul Baten Rushdi General Secretary CAB Paban District Committee C/O: Pratyasha Kadamtala Bridge, Kacharipara, Pabna Phone: Mobile: Purnima Islam, : Md. Jasiyer Rahman CAB Nilphamari District Committee Mirzagonj, Domar, Nilphamari Mobile: or A.B.M Mustafizur Rahman Dulal Masterpara, Nilphamari Sadar, Nilphamari Phone: , Mobile: Nurul Islam General Secretary CAB Kurigram District Committee Panchpir, Ulipur, Kurigram Mobile: , Md. Safikul Islam General Secretary CAB Sirajgonj District Committee C/O: SWC Jubli Bagan Lane, Sirajgonj Mobile: [email protected] Md. Sahidul Islam CAB Jaipurhat District Committee C/O: Paribar Unnayan Sangsta (PUS) Gorostan Road, Biswaspara, Jaipurhat Phone: , Mobile: Md. Enamul Haque CAB Lalmonirhat District Committee C/O: Polli Sampad Shammonnoy Kendra Sukandighi, P.O:Dulai, Kaligonj, Lalmonirhat Phone: Mobile: , [email protected] Md. Azizur Rahman C/O: Sundarban Courier Service Sundargonj Upazila Committee P.S: Sundargonj, Dist: Gaibandha or Vill: Singijani, P.O: Lalchamar, P.S: Sundargonj Dist: Gaibandha. Mobile: ,

52 Md. Obaidul Haque Bachchu CAB Naogoan District Committee C/O: Bandhan Samaj Unnayan Sangsta S.R. Para, Mahadebpur, Noogoan Mobile: Professor Tapas Dev CAB Gobindogonj Upazila Committee C/O: Sabuj Bangla Unnayan Sangsta Hospital Road (Near Bishwaroad) Gobindogonj, Gaibandha Mobile: , (Aminul Islam) Mahbub Alam CAB Panchagar District Committee Bhaolagonj, Debigonj Panchagarh-5020 Mobile: or Samiul Alam Member CAB Panchagarh District Committee North Jalasi, Stadium Road, Panchagar Khulna Division Manik Akbar CAB Chuadanga District Committee C/O: Pratyasha Samajik Unnayan Sangsta Muktipara, V.J School Road Chuadanga-7200 Phone: Mobile: Billal Hossain: Principal Aminur Rahman Tuku CAB Jhenaidah District Committee C/O:SDUP Chaklapara, Jhenaidah Phone: Mobile: , Secretary, Mizanur Rahman: Jaglul Haider: Nazmul Alam David Member Secretary CAB Khulna District Committee 7 Haji Mohshin Road(1st Floor) Khulna-9100 Mobile: Rafiq-ul-Alam CAB Meherpur District Committee Jahanara Vila, Wapda Para Meherpur Phone: Mobile: Secretary: Nazmul Alam David Member Secretary CAB Khulna District Committee 7 Haji Mohshin Road(1st Floor) Khulna-9100 Mobile:

53 Rafiq-ul-Alam CAB Meherpur District Committee Jahanara Vila, Wapda Para Meherpur Phone: Mobile: Secretary: Nazmul Alam David Member Secretary CAB Khulna District Committee 7 Haji Mohshin Road(1st Floor) Khulna-9100 Mobile: Mazedul Haque Manik General Secretary CAB Gangni Upazila Committee C/O: Swadesh Human Assistance Society Hatboalia Road, Eidgah Para Gangni, Meherpur Mobile: [email protected] Syed Mokaddes Ali CAB Magura District Committee Laxmikandar, Magura Phone: Mobile: Dr. Ali Askar Koreshi CAB Kushtia District Committee Syed Nurul Islam Chand Vice- 92, N.A Road Reg: Office Lane Kushtia Mobile: or Nafiz Ahmed Khan Tito General Secretary CAB Kushtia District Committee Kotpara, Kushtia-7000 Mobile: , Ton Bhai: Arindam Deb Nath Member Secretary CAB Bagerhat District Committee C/O: Karapara Naree Kallyan Sangsta Karapara, Bagerhat. Phone: Mobile: [email protected] Hafizur Rahman Member Secretary CAB Narail District Committee C/O: Sabolombi Central Jame Masjid Road Alhajj Khan, Kamruzzaman Vill+P.O: Amada, Upazila: Lohagara Dist: Narail, 17/1 B, Babar Road Mohammadpur-Shyamoli, Dhaka Mobile: Ranjit Dutta General Secretary CAB Barisal District Committee 95/95 Uttar Alekanda Road Oppsite side of Commercial College Sub Post Office Barisal, Phone: , Mobile: Goutam: Md. Sulaiman General Secretary Mobile: Abdul Barek Mia : [email protected] 52

54 Ziaul Hasan Member Secretary CAB Pirojpur District Committee C/O: Pirojpur Gano Unnayan Samiti Parerhat Sarok, Pirojpur-8500 Phone: (Office), (Res) Mobile: Advocate Belayet Hossain CAB Barguna District Committee C/O: Khalifa Foundation Mohila College Road (Near AK School) Aamtali, Barguna Mobile: (Motiyar) (Khalil) Mobashwir Ullah Chowdhury CAB Bhola District Committee Ukilpara, Bhola Sadar, Bhola Phone: , Mobile: A.H Munsur General Secretary CAB Patuakhali District Committee Maryam Bhaban, Mithapukurpar Puratan Bazar, Patuakhali Mobile: , (Ab: Rashid), (Delwar Hossain) Md. Ziaul Rahman Rubel CAB Jhalokati District Committee C/O: AKAS, House # 169, Station Road Jhalokati Phone: Mobile: Hemayet Hossain, Secretary: Sylhet Division Jamil Chowdhury CAB Sylhet Divisional Committee C/O: Grameen Janakallyan Sangsad Janakallyan Bhaban Shahjalal Bridge Road (North) Upashhar, Sylhet Phone: , , (Off) Mobile: , [email protected] Md. Aminul Islam Amin Member Secretary CAB Sunamganj District Committee 20/6 Pallobi, Alipara, Sunamganj Jafar Iqbal Chowdhury Convener CAB Habigonj District Committee 126 Antorango, New Muslim Quarter Habigonj. Mobile: [email protected] Abu Taher Joint-Convener CAB Moulavibazar District Committee C/O: Pubali Bank Ltd, M.Bazar Branch P.S+Dist: M.Bazar. Mobile:

55