How well are consumer rights being protected?

In every country around the world, businessmen are generally regarded with respect. The same is true in our country, yet a significant portion of businesspeople are adept at deceiving consumers. Selling adulterated products, providing less than the stated weight, and charging excessive profits—these are just a few of the common complaints against them. However, consumer rights are a fundamental aspect of human rights. It is also a basic civic right. Unfortunately, we are constantly being deprived of this right. The use of adulterated products leads to various diseases, putting lives at risk. The inconvenience is undeniable. Even after paying the full price, consumers do not receive the right product or proper service.

But the deception does not stop there. The government also falls victim to these dishonest business practices. Many traders collect Value Added Tax (VAT) from consumers but do not deposit it properly into the national treasury. Tax evasion continues at full scale.

Is there any way to bring these un
scrupulous businessmen to justice? Yes, there is. The law provides a way. To protect consumer interests, the government enacted the Consumer Rights Protection Act in 2009. The objective of this law is to preserve, implement, and develop consumer rights, prevent anti-consumer activities, and ensure penalties for violations. Consumer deception is not unique to our country; it happens worldwide. Even in the superpower United States, consumer rights were once frequently violated. This issue was highlighted on March 15, 1962, when then-U.S. President John F. Kennedy addressed Congress about the need to protect consumer interests. He emphasized four fundamental consumer rights: the right to safety, the right to information, the right to choose, and the right to be heard.

Later, these principles became widely known as consumer rights laws. In 1985, the United Nations expanded Kennedy’s four fundamental rights into eight core consumer rights. Following this, Consumers International incorporated these rights into its charter.

The eight consumer rights recognized by the United Nations are the right to fulfill basic needs, the right to access information, the right to safe products and services, the right to choose, the right to be informed, the right to complain and seek redress, the right to consumer education, and the right to a healthy environment.

To commemorate John F. Kennedy’s speech on consumer rights, March 15 is observed as World Consumer Rights Day. Various international organizations, including the United Nations and the European Union, have formulated laws and guidelines to protect and enforce consumer rights. Some notable frameworks include the United Nations Guidelines for Consumer Protection (as expanded) 1999, the European Union Unfair Commercial Practices Directive, 2005, and the Consumer Protection from Unfair Trading Regulation, 2008.

Now, the question arises: the United Nations has recognized eight consumer rights, but who exactly is a consumer? The answer can be found within the consumer protection laws. According to Section 2, Sub-section 19 of the Consumer Rights Protection Act, a consumer is defined as any individual who:

a. Purchases goods by paying a price or promising to pay a price, excluding resale or commercial purposes. This includes purchases made in full, partially paid, or acquired through installment payments.
b. Uses a purchased product with the consent of the buyer.
c. Buys a product and utilizes it for self-employment or livelihood purposes, rather than for commercial trade.
d. Rents or otherwise acquires a service by paying a price or promising to pay, either in full, partially, or through installment payments.
e. Enjoys the benefits of a service acquired under clause (d) with the consent of the service recipient.
This legal framework ensures that consumer rights are clearly defined and protected, enabling individuals to seek redress when their rights are violated.

Consumers must also be cautious and aware when making purchases. The Latin principle Caveat Emptor translates to "Let the buyer beware." According to this principle, buyers are responsible for thoroughly inspecting the quality of a product before purchasing it. If they fail to do so, any future complaints may not be considered valid. This principle assumes that both buyers and sellers have equal knowledge and experience regarding the product.

To ensure a fair purchase, consumers should check product labels for details such as weight, quantity, ingredients, usage instructions, maximum retail price, manufacturing date, packaging date, and expiration date. They should also collect purchase receipts, avoid buying products based solely on advertisements, choose trademarked products, refrain from blindly trusting products or services, and lodge written complaints with the relevant authorities if they encounter any issues.

To protect consumer rights, the government enacted the Consumer Rights Protection Act in 2009. This law also includes specific guidelines for sellers. According to Section 2, Sub-section 16 of the act, a "seller" refers to manufacturers, producers, suppliers, wholesalers, and retailers of a product.

Under this law, the following individuals or entities can file complaints:
a. Any individual consumer,
b. One or more consumers with a shared interest,
c. Any consumer organization registered under applicable laws,
d. The National Consumer Rights Protection Council or an authorized officer acting on its behalf,
e. The government or any government official authorized for this purpose,
f. Relevant wholesale and retail traders.

The law also outlines penalties for violations. All offenses under the Consumer Rights Protection Act are bailable, cognizable, and compoundable. Sections 37 to 55 of the act clearly define offenses and punishments.
According to Section 37, if an individual fails to comply with legal requirements regarding packaged products—such as clearly labeling weight, quantity, ingredients, usage instructions, maximum retail price, manufacturing date, packaging date, and expiration date—they may face imprisonment for up to one year, a fine of up to 50,000 BDT, or both.
Section 38 states that if a seller fails to display a price list of products in a clearly visible location at their store or establishment, as required by law or regulations, they may face imprisonment for up to one year, a fine of up to 50,000 BDT, or both.

Section 39 stipulates that if a seller does not maintain a price list of services and fails to display it in an accessible or clearly visible location, they may also face up to one year of imprisonment, a fine of up to 50,000 BDT, or both.

Section 40 declares that if an individual sells or offers to sell a product, medicine, or service at a price higher than the legally prescribed rate, they may be sentenced to up to one year in prison, fined up to 50,000 BDT, or both.
Section 41 states that if a person knowingly sells or offers to sell adulterated products or medicines, they may face imprisonment for up to three years, a fine of up to 200,000 BDT, or both.
Section 44 mentions that if a person deceives consumers through false or misleading advertisements for the sale of goods or services, they may be imprisoned for up to one year, fined up to 200,000 BDT, or both.
Section 45 states that if a seller fails to deliver the promised product or service after receiving payment, they may face imprisonment for up to one year, a fine of up to 50,000 BDT, or both.
Section 46 specifies that if a seller supplies a product with a weight lower than what was promised at the time of sale, they may face up to one year of imprisonment, a fine of up to 50,000 BDT, or both.
Section 49 states that if a person manipulates measuring tapes or other measurement tools used in their business establishment to deceive consumers regarding product length, they may face imprisonment for up to one year, a fine of up to 50,000 BDT, or both.

Section 51 states that if a person sells or offers to sell an expired product or medicine, they may be sentenced to up to one year of imprisonment, fined up to 50,000 BDT, or both.
Section 53 declares that if a service provider, through negligence, irresponsibility, or carelessness, causes financial loss, health damage, or loss of life to a consumer, they may face up to three years of imprisonment, a fine of up to 200,000 BDT, or both.

Additionally, the act criminalizes offenses such as mixing prohibited substances in food products, illegally producing or processing goods, tampering with weighing scales or measurement instruments, producing counterfeit goods, engaging in actions that endanger consumer safety or life and repeating offenses under the act.

However, Section 54 warns against false complaints. If a person files a false or harassing complaint against a business or service provider with the intent to harm their reputation or business, they may face up to three years of imprisonment, a fine of up to 50,000 BDT, or both.

Under Section 60, any complaint under this law must be filed within 30 days of the cause of action arising; otherwise, it will not be accepted. If an actionable complaint is investigated, proven, and results in a financial penalty, Section 76(4) stipulates that 25% of the collected fine will be immediately awarded to the complainant.

A consumer who has suffered harm can file a lawsuit in the local Joint District Judge Court. If a seller’s violation of consumer rights results in financial loss, the affected consumer can file a civil lawsuit seeking compensation of up to five times the estimated monetary value of the loss.

The law allows for appeals against verdicts. Any ruling or decree issued by the civil court under this act can only be appealed to the High Court Division within 90 days.
In the case of criminal complaints, if any party is aggrieved by a verdict or order issued by a magistrate, they may appeal to the Sessions Judge’s Court within 60 days of the ruling.
The Consumer Rights Protection Act oversees market monitoring, protection of consumer rights, and adjudication of related offenses. However, this law does not cover all complaints. Critical areas such as e-commerce, healthcare services, telecommunications, and house rentals are not included within its jurisdiction.

Additionally, the Directorate of Consumer Rights Protection cannot address complaints from consumers of government service providers such as WASA, DESA, or Titas Gas.
Another major challenge is the severe shortage of manpower in the directorate. Their activities are not extended to all districts, limiting their ability to enforce consumer rights effectively.

Sirajul Islam: Journalist