Benefit to Bangladesh Economy Through Implementation of Consumer Right Protection Laws

Abstract

Consumer is a person who purchases or promises to purchase any goods or services for his own

use or for the use of any person with his consent. There are hundreds of laws prevailing in

Bangladesh to promote and protect the rights of a consumer in addition to the Consumer Rights

Protection Act, 2009. Reports from various studies and surveys show that consumers are

compelled to pay excessive prices for buying products or receiving services. Consumers, in many

cases, did not receive accurate information, proper safety measures, and healthy environments

and as such their right to choice is ignored for which no efficacious remedies are available. On

the other hand, the BSTI, Drug Council and other concern authorities have earned huge revenue

by providing licences, giving labeling and standard marks, issuing trademarks etc, but consumers

status remained unchanged for which multiplicity of reasons are responsible. This paper aims to

incorporate and analyze various reports, data and statistics and survey results to identify

relationship between consumer rights and economic prospects and further to assess the impact of

consumer rights protection laws on sustainable economic growth. This article is a comprehensive

study on the relevant statutes of Bangladesh and field survey was conducted through a structured

questionnaire to identify people’s perception on the matter. The findings of the survey and

literature review have suggested that sustainable development can be ensured through proper

implementation of consumer rights protection laws.

Keywords

Consumer rights, Consumer rights protection laws, revenue earning and economic prospects,

redress mechanisms and sustainable development.

Author

Dr. Ahamuduzzaman

Associate Professor

Department of Law

Uttara University, Uttara, Dhaka, Bangladesh.

e-mail:azamanseu@gmail.com;

Mobile: (+88) 01552455241

Introduction

Human beings are by born entitled to ‘right to life’, ‘freedom of choice’, ‘right to be informed’,

‘equality before law’ and ‘equal protection of law’ which is mostly guaranteed by domestic and

international laws in most of the countries around the world.1 The promotion and protection of

consumer rights is therefore an integral part of human rights. The term ‘protection’ of consumer

rights is part of legal, judicial, technical, procedural and institutional mechanisms which is

different from country to country due to their distinctive legal systems and economic status that

leads to living standards of their people. In Bangladesh, there are many Courts, Tribunals,

NGO’s, government and non-government institutions working for the promotion and protection

of consumer rights which is threatened in many cases due to extreme poverty2 and unethical

business practices as well as fragile procedures and corrupted institutions.

Definition of important legal terms on consumer, consumer rights etc,.

It is evident that consumer rights are evolved from religious verses and practices which later on

became part of common law and subsequently enumerated in different statutes and case

references. consumer is a person who hires or purchases a product or service for his own use or

for his dependence or for the use of someone with his consent without any commercial purpose

except a living by self-employed as stated in section 2 (19) of the Consumer Rights Protection

Act, 2009. There is no classification of consumers in the laws except in section 2 of the consumer

Rights Protection Act, 2009 that defines the term consumer. According to this section consumers

may be divided into 4-types such as- (i) Product consumer, (ii) Service consumer, (iii) Direct

Consumer, (iv) Indirect or secondary consumer.

Consumers have eight basic rights which are internationally recognized and approved by the

United Nations in its UN Guidelines for Consumer Protection 2009. The basic consumer rights

are: (1) the right to safety; (2) the right to be informed; (3) the right to choose; and (4) the right to

be heard, (5) the right to satisfaction of basic needs; (6) the right to redress; (7) the right to

education; (8) the right to a healthy environment.

“Service” means any service of transport, telecommunication, water supply, sanitation, fuel, gas,

electricity, construction, residential hotels and restaurants, and health, which are made available

1 The Constitution of the People’s Republic of Bangladesh provided a set of fundamental rights from Articles 27 to 44 including those one. In respect of International perspective, the UDHR, 1948; the ICCPR, 1966 and the ICESCR, 1966 included those rights along with many more as rights to all human beings.

2 In Bangladesh 31% Peoples’ are living in extreme poverty as per UNDP Report, 2014 as well as report of PKSF, 2014. If the earning of a person is less than taka 77 per day, he is considered as poor in the context of Bangladesh.

to the consumers in exchange of price but this will not include free service.(Section 2(22) of CRP

Act, 2009). However private health, free services, financial services, online services, legal

services, police services, other public services and medical services are included as services in

this study.

Product means any movable commercial object which is purchased or is agreed to be purchased

in exchange of a price. The terms ‘article’, ‘goods’, ‘essential commodities’, ‘things’, drugs, drug

products and ‘food products’ are used in various chapter of this thesis with correlation to each

other.

The term "unfair trade practice" means-

"... a trade practice which, for the purposes of promoting the sale, use or supply of any goods or

for the provision of any service, adopts any unfair method or unfair or deceptive practice..."

(Section 2(r)) of the Uniform commercial Code of USA. In Bangladesh, all acts against consumer

rights under section 2(20) of the Consumer Rights Protection Act, 2009 is described as unfair

trade practices or unethical business trade practices false or misleading representation of goods or

services.

Section 2(29) of the Safe Food Act,2013 defines the term ‘adulteration of food’ as any food or

part of food products which is mixed by any substance for colourful, tasty-flavoured,

preservation, process or attractive which is harmful for human body or prohibited by any law or

causes loss to the main dietary or food product and diminishes its quality and reduces its

nutrition level or any substance wholly or partially abstracted and cheaper or inferior substances

are substituted or coloured to improve appearances and to increases weight and measurement and

thereof causes financial loss or injurious to health.

Relationship between consumer rights and economic prospects

It is the prime duty of businessman that is producer, manufacturer, service provider etc, to

promote and protect consumer rights for client satisfaction and sustainable growth. However, in

every country, there are a group of unscrupulous businessman involved in unfair business

practices and illegal activities that causes serious affects to the consumer rights. The most

notorious business activities that grossly harms consumer rights includes- smuggling, black

marketing, hoarding, price manipulation, date expired and adultered products, fraud in inscribing

information etc,. However, there is inadvertent and gross violation of consumer rights in the

service sectors having no or less safety measures and no provisions for victim support. The state

must make proper monitoring and supervisions through its controlling guidelines for economic

growth in one hand and protection of consumer rights on the other.

If there is no check and balances, consumers must suffer for their food consumption and service

purchase. The world giants may manipulate trade affairs and introduce trade wars which shall

affect poorer nations and may cause serious humanitarian disaster. It is very tough for a small

enterprise to succeed in business due to dumping and anti dumping activities. There is no fair

competition among companies due to heavy investment, violation of Intellectual property laws

and unfair commercial practices.

It is a regular issue in Bangladesh of inflation or deflation due to the supply of products not

always making following due process and scarcity of the goods and services are also responsible

for this. It is always found that a group of businessman involved in manipulating market prices of

a particular goods by hoarding or declining to import in due time that causes serious problem to

the consumers and as such import and export trade in Bangladesh has innumerable impact over

consumer rights. The essential commodities price hike is a common phenomenon in Bangladesh

where no monitoring is being held by the committee as literally formed by the Ministry of

Commerce. There are export import Rules in Bangladesh under the Ministry of Commerce.

The BSTI by conducting mobile Court collected fine of an amount of taka 77.28 lakh Taka &

imprisonment of 22 for different periods and 182.69 lakh taka & 13 persons were punished for

different periods of imprisonment in 2004-2005 financial year and 2005-2006 financial year

(upto December-6 months) respectively.

2005-2006

financial yr.

2006-2007 financial

year

2007-2008

financial

year

2008-2009

financial year

(upto Feb-8 )

Amount of jail/

fine recovered

Not mentioned 520.36 lakh taka fine

were recovered and

24 persons were

imprisoned for

different periods

252.92 lakh taka

& 3-persons

were imprisoned

for different

period;

96.69 lakh taka

Revenue income 419.57 lakh

taka

1969.23 lakh taka 848.43 lakh taka

In recent time, capital economy and welfare of the citizen is in an unstable and imbalanced

position that hampers and threatens consumer rights in a multi-facet ways and means. The

consumption of food, cosmetic goods, health and transport services etc. is highly objectionable in

terms of its quality, standard, safety and security measures. Thus the necessity of consumer law

and its proper implementation lies in a society for ensuring right to life and welfare of the

citizens. Consumer protection laws are further designed to ensure fair competition and the free

flow of truthful information in the marketplace. The laws are designed to prevent businesses that

engage in fraud or specified unfair practices from gaining an advantage over competitors and may

provide additional protection for the weak and those unable to take care of themselves.

The consumer rights are protected from country to country not only by enactment of statute but

also through awareness, ethical business practice and fair competition.

The varieties of business patterns threaten social bondage, cultural heritages and encourage

individualism for which consumers are under the grip of businessman who are mostly resorting to

unethical practices. There is a business in the name of development, health services, education

services and social services which was part of our heritage to provide without any interests rather

for the welfare of disadvantaged and local people. Food is the basic necessities of every human

being for their survival and it is the fundamental responsibilities of the state to improve living

standards and to secure basic necessities of its people for ensuring right to life. Bangladesh has a

set of laws, rules, actions, policies and numerous government and non-government organizations,

courts, tribunals and departments to implement consumer protection laws specially food safety

laws.

Previously, the principle of ‘Caveat Emptor’ i.e. ‘buyer must be aware’ had the tendency to

exempt the seller from the compulsion of unearthing the quality of the product.

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 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 then3.

3 Quazi Faruque, A booklet on consumer Protection in Bangladesh, CAB, 28.06.2010, preface, p-i.

The principles of strict liability were applied against the innkeepers as they had “greater

opportunity for theft than most other people.”4

In 1815, regarding laisez faire or not to interfere in the market, the Chief Justice of UK told, “The

goods must be saleable under the denominations mentioned in the contract between them. The

purchaser cannot be supposed to by goods to lay them on a dunghill5.”

It was only in 1932 in the landmark decision in Donoghue v. Stevenson, otherwise known as the

“snail in the ginger beer bottle” case, that the fundamental position of the duty to take reasonable

care was firmly established in common law.

March 15 is observed as ‘World Consumer Rights Day” in every year. “This day was celebrated

in 1983 for the first time in the world history. This day is observed with a view to (a) promoting

the basic rights of all consumers; (b) demanding that those rights are respected and protected; and

(c) protesting the market abuses and social injustices which undermine them.6”

Now-a-days, consumer rights, internationally, include more sectors like banking,

telecommunication, utility services, hotel and restaurants, online services, legal services, free

services etc,.

The importance of ensuring proper implementation of consumer rights7 is multi-facet such as-

(i) 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.

(ii) Honesty should govern competitive business enterprises and the maxim ‘buyer be aware’

should not be relied upon to reward fraudulent and deceptive businesses.

(iii) The concept of consumer rights can not be separated from the human rights perspective.

4 S. F. C. Milsom. Historical Foundations of the Common Law, London, 1969. p. 18.

5 Gardiner vs. gray 1815, Wikipedia, accessed on 14.4.2015;

6 Turin Afroz, Consumer Rights Day: What do we want, The daily Star, March, 14, 2004.

7 Dr. Mizanur Rahman, et.al., op. cit., p. 8;

(iv) 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’.

Consumer behaviour is more complicated and unpredictable than human psychology. Consumer

behaviour is the blending of psychology, sociology, social anthropology, economics and religion.

A consumer goes through different stages8 before deciding to purchase a product such as:

(i) The problem recognition stage, meaning the identification of something a consumer needs;

(ii) The search for information, which means you search your knowledge bases or external

knowledge sources for information on the product;

(iii) The possibility of alternative options, meaning whether there is another better or cheaper

product available;

(iv) The choice to purchase the product; and finally

(v) The actual purchase of the product;

Consumer behaviour is influenced by internal conditions such as demographics, psychographics,

(lifestyle), personality, motivation, knowledge, attitudes, beliefs (religious or others), and

feelings. Psychological factors include an individual’s motivation, perception, attitude and belief,

while personal factors include income level, personality, age, occupation and lifestyle. Behaviour

can also be affected by external influences, such as culture, sub-culture, locality, royalty,

ethnicity, family, social class, past experience reference groups, lifestyle, market mix factors and

advertisements9.

Halal food is any food that is permissible according to Islamic law. It is estimated that 70% of

Muslims worldwide follow Halal food standards and that the Global Halal Market is currently a

USD 580 billion industry in 2009.10 But this includes food and food stuffs only not including

medicine, apparels such as hijab or burqa etc.

8 Swati Khosla., "Consumer psychology: The essence of Marketing". International Journal of Educational Administration , 2010, vol. 2 no. 2, pp. 220–220. accessed 2012-05-16;

9 http://en.wikipedia.org/wiki/Consumer_behaviour, accessed on 16.5.2013;

10 http://www.halalrc.org, & www.islamicpopulation.com & http://www.worldhalalsummit.com accessed on 19.4.2015;

In 1981, Sen published Poverty and Famines: An Essay on Entitlement and Deprivation (1981), a

book in which he argued that famine occurs not only from a lack of food, but from inequalities

built into mechanisms for distributing food. Sen also argued that the Bengal famine of 1943 was

caused by an urban economic boom that raised food prices, thereby causing millions of rural

workers to starve to death when their wages did not keep up.

Sen, points to a number of social and economic factors, such as declining wages, unemployment,

rising food prices, and poor food-distribution systems. These issues led to starvation among

certain groups in society.

So, proper implementation of consumer rights may save a nation from the curse of famine.

Nelson compared economics to religion as a belief system with powerful moral implications. A

well-functioning market requires people who are fairly aggressive at pursuing their self-interest.

A sound market also requires honesty and concern for the public good. Nelson added that “ if you

told an economist that the best way to achieve more rapid economic growth would be to change

people's religion, he would be perplexed11”.

State obligations related to the right to food are well-established under international law.12

There is a need for state protection from fraud, unethical trade practices, marketing and dumping

of hazardous and dangerous products including food, agricultural produces, industrial products,

advertising and promotion of unhealthy foods etc,.13

These were again endorsed by states, when the FAO Council adopted the Right to Food

Guidelines.14

The ICESCR(Article-11) recognises that the right to freedom from hunger requires international

cooperation, and relates to matters of production, the agriculture and global supply.

There is a serious concern for GMO cultivation for human consumption in International Law.

Bangladesh may lose international market for exporting food and agro items. Export Promotion

11 Robert H. Nelson, Religion, economics and the market Paradox, Religion and Liberty, Vol. 12, No.1,p. 1.

12 Special Rapporteur on the Right to Food 2012a: "Right to Food."

13 Christine Breining-Kauffmann, ‘The Right to Food and Trade in Agriculture’, in Thomas Cottier, Joost Pauwelyn, and Elisabeth Burgi (eds.), Human Rights and International Trade, Oxford University Press, Newyork, 2005, p. 263, and pp. 18-19, passim.

14 Ziegler 2012: "What is the right to food?"

Bureau (EPB) data says, Bangladesh earned 570 million dollars by exporting agro based products

in FY 2012-13. This has risen to 610 million dollars in FY 2013-14.

Economic Growth without Affecting Consumer Rights

The end of all economic activities is consumption. Consumer demand is the free and willing

expression of consumer needs and the market place is the only place where commercial

relationships can be formed.15 The advent of mass consumption has resulted in consumers facing

an information gap when they enter transactions involving the purchaser of products or the

provision of services. Products are now being marketed in such a number and in such a manner

that it is more difficult for consumers to judge their quality adequately. The advance of

technology means that many consumer products are quite complex. Expert knowledge is essential

for an ordinary consumer to appreciate the features of many modern products. Characterising the

US market, Ralph Nader argues that “consumers are being manipulated, defrauded and injured

not just by marginal businesses or fly-by-night huchsters, but by the US blue-chip business

firms.....”.16

Economic benefit through effective enforcement of consumer rights protection laws

A consumer is guided by his needs and capacities. A consumer always tries to estimate of the

products or services overall capacity to satisfy his or her needs. It is the consumer’s overall

assessment of the utility of a product or service based on perceptions of what is received and what

is given or what might be given. The economic activities of a human being are guided by various

objectives including his religious feelings such as a Muslim cannot take narcotics or haram foods.

Therefore, religion has a great influence over a consumer’s behavior that may boost economic

activities and prevent anti consumer activities through ethical practice.17 With the expansion of

trade and business, demand and supply of products and services causes serious impacts over

economy. There is no scope to ignore consumer rights now and as such numerous laws have been

enacted on the subject in the domestic, regional and global level. In Bangladesh, very little study

15 J. M. Keynes. Theorie generale, Petite bibl. Paris, 1971, P. 122, and P. 85.

16 R. Nader. The Great American GYP. N. T. Rev. of Books, Vol. 11, 21 Nov. 1968, P. 28

17 Robert H. Nelson, Religion, Economics and the Market Paradox, Religion and Liberty, Vol. 12, No.1,p.1.

has ever made on the subject of consumer rights although some scholars have written several

articles.

It is found that religious activities may impact over economic growth such as special types of

business on a particular area or region due to religious cultures and practices as in the Mecca and

Medina. The tourism business may explore by religious activities. There are hundreds of faith

based organizations such as halal products producer or interest free banking etc,. In many cases

business entrepreneurs resorts to this special religious activities and accumulates wealth by such.

So consumers and business is very closely connected where one targets other that makes fair

competition and ensures consumer rights.

Consumer Satisfaction and the Growth of National Economy

Proper implementation of rules will also allow in the emergence of a sound economy which could

benefit in more consumer purchases and the bringing about of better and more efficient ways of

production being free from corruption; for instance in Dubai where almost 40% of GDP is due to

the contribution of the retail sector, the introduction of laws such as the Consumer Rights Federal

Law (24) 2006, has paved the way for consumers and retailers alike to operate within a

framework which will only benefit both groups with very clear guidelines on both retailers and

consumers rights and responsibilities18.Such practices of transparency and government protection

has allowed them not only to gain confidence from national consumers but an ever growing

international consumer segment as well. This goes on to show that proper implementation

consumer rights system can actually benefit the economy as well, and result in a corruption free

healthy economy, this goes on by saying that special efforts needed to be paid for education the

consumer side of Bangladesh as well, while encouraging business sectors for more ethical means

of business for better long term profitability.

It is widely accepted that consumer satisfaction may raise confidence on businessman for which

national growth on GNP and GDP must be raised on particular sectors. It is now a policy of all

multi national companies or corporate houses to gain consumers confidence through its quality

and standard products or services having safety and security in its use. In Bangladesh BSTI earns

18 Omar Bushabab, CEO statement Know your consumer rights, Retrieved November 8, 2010 from http://www.thedailystar.net/law/2007/03/01/index.htm;

around Tk 400 crore per year by providing standard marks and licensing authorities earns huge

volume of money. It is found that consumer satisfaction is necessary to ensure social bondage that

may help to assist each other during emergency or natural disaster. It is now a concept in many

countries that gross national happiness should be acquired through consumer satisfaction to

ensure happiness instead of accumulating money. Therefore, an inter-links of consumer rights,

corporate social responsibility, national disaster and the economic growth is a must for

sustainable development and ensuring inter-generational equity. .

A country may earn huge money as revenue by proper implementation of consumer rights

through maintaining quality and standard of service and products. Therefore, future prospects are

very bright if we could ensure consumer rights.

Bangladesh can earn huge foreign exchange by ensuring consumer rights such as in drug sector,

BSTI by providing standard marks and licenses; BTRC by providing 2-G, 3-G,4-G licenses;

BRTC, BRTA by ensuring road safety and reducing accidental loss and deaths; TCB by

importing essential goods in due time and restricting import of products that may play negative

role to our native economic growth and interests of the producers; banking sectors by providing

soft loans and easy money transfer etc,. The government and its ministries are the main wheeler

behind economic growth who shall not allow unethical business practices and compromise with

the illegal demands of various business syndicates such as trade unions.

The WTO and many regional blocks are also working for building competitive markets to ensure

consumers right to choice. A consumer’s right is so valuable and indispensable that right to life

cannot be effectively ensured without this.

Bangladesh Standard Testing Institute (BSTI) is working domestically. The Drug Administration

is responsible for safety and quality of drugs.

It is the primary responsibilities of the Director General of DCRP to ensure safety of product

through supervise, monitoring, confiscation, seizure etc,.19 The other Institutes working for

product safety, product quality etc, included Drug Council, BSTI and Courts. There are

mandatory certifications Rules for some selected category of products.

19 Section-25 of the Consumer Rights Protection Act, 2009.

Current legal regime in promotion and protection of consumer rights

The current legal and institutional regimes are complicated due to multiplicity of laws and

institutions without any coordination. The Consumer Rights Protection Act permitted to file a

civil suit before the adjacent Court of Joint District Judge for substitution or changing defect

products or giving order to return money by receiving defect products or compensation not

exceeding 5 times of the pecuniary loss. An appeal shall lie to the High Court Division within 90

days. There is no mention of filing a civil suit under the law for infringement of the right of

service consumers. A criminal case may be lodged to the DG or authorized person of the DG of

the Consumer Rights Protection Department within 30 days of the accrual of the cause of action.

If the DG or authorized person of the DG failed to submit charge sheet within 90 days of lodging

the complaint, the Magistrate of 1st class will not take cognizance of any offence. So, a consumer

has no right to file a criminal case directly under this law. An appeal against the order of the

Magistrate of 1st class shall lie to the Court of Sessions within 60 days. A case cannot be filed for

adulteration of medicine or production of fake medicine under this law which shall be lodged

under the Special Powers Act, 1974. The sellers have given exemptions on good faith for

violations of this Act. There is no bar to apply all other laws existing in Bangladesh which are

fragmented and scattered under separate laws on the promotion and protection of consumer rights

under section-3 of the Consumer Rights Protection Act, 2009.

There are three aspects of consumer protection i.e. (a) voluntary protection, (b) institutional

protection and (c) statutory protection.

The findings are derived from literature review as well as case study, interviews and field survey.

It is interpreted through chart, figures, tables, diagrams, graphs and followed standard means of

legal reasoning.20

Every year 4.5 million people in the country fall to suffer different diseases due to food

adulteration, according to the World Health Organisation (WHO).”21

So, a set of laws including various policies, rules, regulations, bye-laws etc, are prevailing in

Bangladesh for ensuring right to food, quality food, standard of food, health benefits and

20 E.H. Levi, An Introduction to Legal Reasoning, University of Chicago Press, 1948, p.1.

21 Habib, Talha Bin, safe Food Act: Unsafe Foodstuffs to feed, The Financial Express, 27.11.2014. pp-9-10. talhabinhabib@yahoo.com (retrieved on 11.3.2015)

increasing level of nutrition. The laws are some cases overlapping and multiplicity of laws is a

serious problem for effective implementation of consumer rights. The other drawbacks includes

no coordination between aged old laws with newly enacted laws, no coordination between

multiple institutions and regulatory bodies, inadequacy of penalties, no recognition of right to

food and free from hunger as fundamental right.22

To ensure food safety and right to safe food in Bangladesh, there have Ministry of Food and

Disaster Management, Food department etc, in addition to a number of institutions including

Courts and Tribunals under different laws such as Mobile Court, Special Tribunal, Magistrate

Court, Civil Court, Food Court, Consumer Rights Protection department, BSTI etc,. There are

punishments as well as compensations for violation of safe food laws and consumer rights

protection laws. The Government has also set up various procedural mechanisms for ensuring

right to safe food which is mostly in theory or black letters of law rather than in practice. The

highest punishment for adulteration of food is death penalty under the Special Powers Act, 1974

whereas the Penal Code stated for 6 months imprisonment and the Mobile Court can imprison up

to maximum 2 years and/ or fine that overlapping other provisions of laws and as such protecting

seller or producer’s interest rather than the consumer. The other forms of punishments includes

attachment or forfeiture, cancellation of licenses, destroy of noxious or smuggled or adultered

food items, fine etc,. The civil remedies included compensation, restoration, money-return,

replacement etc, can be provided for ensuring right to food and safe food products.

In Bangladesh both civil and criminal remedies are available against unfair trade practices and

violation of consumer rights including various remedies under the Special laws. In spite of

multiplicity of laws and forums, a person (victim) may file an allegation to the consumer

authority (Department/ Council) or to the Civil Court. The Mobile Court may act on its own

information and discretion whereas the High Court Division may also act by suo motu23 to curb

unfair trade practices and to ensure consumer rights.

“The Government shall, on advice from the Director General, by notification in the official

gazette, prohibit the production, import, marketing, sale, display for sale, distribution, transport

22 Taslima Islam. Food related Legislation in Bangladesh, BELA, and conference presentation paper, 8.1.2013, accessed on 11.3.2015.

23 The High Court Division of the Supreme Court of Bangladesh exercises this power under Article 102 of the Constitution.

for commercial purpose or use for commercial purpose, in the whole country or in some

particular place, or may instruct to conducting or management of such activities subject to the

conditions in such notification of any product that is proved as dangerous to human health.24”

The other provisions of the CRPA,2009 relating to product safety include search, attachment,

arrest, trial and punishment (sections-37 to 56), civil liability etc,. The trial under this law shall be

conducted by a Magistrate except in the case of adulteration of drug (sec.73).

The preamble of the BSTI Ordinance,1985 declares that “An Ordinance to provide for the

establishment of an Institution for standardisation, testing, metrology, quality control, grading and

marking of goods.”

The Government may, in consultation with the Institution, by notification in the official Gazette

prohibit, restrict or otherwise control the taking out of Bangladesh of articles of any specified

description which do not bear the Standard Mark or regulate generally all practices (including

trade practices) and procedures connected with the export of such articles.25 The Government

may prohibit the sale of certain articles26 in consultation with BSTI if not meet with Bangladesh

Standard. The BSTI inspectors27 are empowered to inspect and also to take sample for test and if

necessary preventive measures such as confiscation, seizure, destruction etc, to ensure standard

and quality of products. An offence under this Ordinance shall be tried by the 1st Class Judicial

Magistrate.

Section-8 of the Ordinance prohibits manufacture of certain types of medicine. The Government

has imposed restriction on import of certain pharmaceutical raw materials and stated in a list

under section-9. Section-15 of the Drug Control Ordinance states that- (1) Every manufacturer of

drugs shall follow the good practices in the manufacture and quality control of drugs

recommended by the World Health Organisation.

(2) If any manufacturer does not follow such good practices his manufactured licence may be

cancelled or suspended.

24 Section-29 of the Consumer Rights Protection Act, 2009.

25 Section 16 of the Customs Act, 1969 (IV of 1969) and all provisions of the said Act shall also applied on such prohibited articles in this regard.

26 Section-24, ibid.

27 Section-25 of the BSTI Ordinance, 1985.

The same provisions are also mentioned in the Drugs Act, 1940. The offences under this Law

shall be tried by the Drug Court.

The Government may order to ensure standard and quality of seeds28 and prohibit manufacture

(i.e. possess, store, buy, sell, or agree to buy, or offer for sale, any tea) of tea except in a

registered factory under section-24.29

No breast-milk substitute of any kind shall be imported, distributed, marketed, stored, sold,

offered for sale or be locally manufactured for sale unless it is registered under this Ordinance30.

The Ordinance stated on production, processing, handling, carrying, packaging etc31, and also on

“No person shall export or sell for export or have in his possession for export, or deal in, any fish

or fish products intended for human consumption which is decomposed, unwholesome or

contaminated with pathogenic organisms32.”

There are various types of punishment for the violation of trade marks33 as mentioned from

sections-73 to 79 of the Act.

The offences under this Act shall be tried by the Metropolitan Magistrate or 1st class Judicial

Magistrate but not without written complaint of the Registrar, trade Marks Office or any person

authorised by him. This makes the law ineffective and opens the door of corruption.

The Destructive Insects and Pests Act, 1914 empowers Government to regulate or prohibit the

import of articles likely to infect in its section-3.

The Control of Essential Commodities Act, 1956 states in its preamble that it was enacted to

provide for powers to control the production, treatment, keeping, storage, movement, transport,

28 Section-6 of the Seeds Ordinance, 1977.

29 The Tea Ordinance 1977.

30 Section-4A of the Breast-milk Substitute (Regulation of Marketing) Ordinance, 1984 (substituted by section-4 to 6 of the Act No.35 of 2013); Section-5 of this Act stated on container and labeling.

31 Section-6 of the Fish and Fish Product Ordinance, 1983.

32 Section-5 of the Fish and Fish Product Ordinance, 1983.

33 “Trade mark” means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person.

supply, distribution, disposal, acquisition, use or consumption of, and trade and commerce in,

certain commodities.

A consumer is entitled to get compensation34 as well as other available remedies35 provided by

law, if his right is violated. However, the consumer laws of Bangladesh give much immunity to

the seller and also impose procedural barriers for effective implementation of consumer rights.36

The use of chemical, formalin in foods, counterfeit drugs, sub-standard products, lack of

awareness, corruption, lack of monitoring, excessive profit gain mentality, unethical and unfair

trade practices is a threat to the health and life to the citizens of Bangladesh.

To keep the businesses profitable, legal and ethical for society, some policies have been

established by the government to create a balance between profit and quality. Such policies are

largely about goods and services, supplied to the consumers or customers, who wish to purchase

or hire goods and/or services from the sellers or manufacturers. There are three pillars of

consumer policy; namely, firstly, consumer legislation and regulation, secondly, consumer

representation, and finally, empowerment of individual consumer.37

According to Energy Regulatory Commission Act, the commission which was formed in 2003

has been empowered to regulate generation and distribution of energy and decide on re-fixing the

tariffs after discussing with consumers’ representatives and energy suppliers with a keen desire to

protect the rights of the consumers38 (end-user’s)39.

Section-59 states that a consumer may raise claim or objection against a service provider and if

they fail to resolve the problem the Commission shall entertain the objection from the consumers

34 Compensation is provided by Civil Courts in the form of pecuniary redress.

35 Remedies may be civil or criminal in nature. Civil remedies are given followed by the provisions of the Code of Civil Procedure, 1908 and criminal remedies shall be given followed by the provisions of the Code of Criminal Procedure, 1898. Sections 57 to 65 of the Consumer Rights Protection Act, 2009 states on the procedure of criminal remedies where as sections 66 to 68 of the same Act states on civil proceedings.

36 Sections 77 and 78 of the Consumer Rights Protection Act, 2009.

37 Please see note 230 of Chapter V of this thesis.

38 Section-2 of the Bangladesh Energy Regulatory Commission Act states that ( ) “� � ” � �� ,

, � , - � �� � � � � �

� � � � [ � ] ;

39 Section-34 of the Bangladesh Energy Regulatory Commission Act, 2003.

that to be resolved within 7 days from the date of receiving such objection by giving special

instruction to the service provider or licencee.

It is found from BTRC report that every year Mobile Operator companies charging around taka

500 crores just from ‘call drops’. This illegal money charged must be returned to the consumers.

The statutory laws of Bangladesh such as the Animal Slaughter and Meat Quality Control

Act,2011 provides eating ‘animal’ which is halal or not foul and also to slaughter following

religious rules and procedures.

Liability is the vinculum juris between the wrong doer and the remedy of the wrong. Except the

Medical and Dental Council Act, 1980 a number of laws are also prevailing in Bangladesh to

ensure service liability of the medical professionals such as Service liability under Medical

Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982.

Every day average 7 peoples are becoming victims of accidental death in Bangladesh according

to the ‘Accident Research Centre of BUET’. However, Bangladesh Jatri Kalyan Samitee reported

8589 persons killed and thousands injured in 2014 alone in raod accidents in Bangladesh.40

The Guidelines on Mobile Financial Services for the Banks, issued by Bangladesh Bank via

Circular 08/2011, are the first regulatory instrument to include significant consumer protection

provisions applicable to the financial sector.

The Ministry of commerce in Bangladesh constituted a committee to monitor kitchen market

price of various commodities in every ten days and to report to the Ministry for effective

measures. However, the committee did not visit any kitchen market for the last six months. The

hon’ble Commerce Minister in a media conference on 3 months ago told that no Minister across

the world can control price hike of green chili.

(i) Drug, Medical, Legal, Financial, Free service, After Sale Service and E-

commerce related provisions: The Consumer Rights Protection Act should have

provisions to deal with drug, legal, medical, financial, free service, after-sale service

and e-commerce related problems that caused sufferings to a service consumer.

40 Raihanatul Jannat, Good Samaritan Law , or the lack thereof, Law and Rights, the Daily Star, May

05,2015.

(ii) Rewarding Fine Amount: As per the CRPA, 2009, a complainant may get 25% of

the fine amount which should be circulated widely among consumers.

(iii) Malpractice of VAT: The Government must collect VAT as paid by the consumers

during purchase through electronically data and analysis system.

(iv) Monitoring Animal Food: There must have regular monitoring on animal foods for

ensuring safe food for all and to ensure free from animal born diseases.

(v) Zone-wise Technology Based Agro Business: The government shall ensure

technology based agro-business and agricultural production based on zone to ensure

demand of local market and then to export the surplus production.

(vi) Fees of Lawyer and Doctor and Medical Tests: The Government must strictly

apply existing laws or to enact new laws, if necessary, to fix minimum and maximum

fees for legal and medical profession as well as fees for various medical and

laboratory tests to ensure consumer rights.

(vii) Reducing Subsidies and Distributing Profits Among Citizens as Consumers: The

government shall reduce subsidies unless necessary for an unavoidable or disastrous

situation but take new policies to distribute profits earned by government agencies or

corporations among citizens like shareholders giving priority to the poor to increase

their purchasing capacity.

(viii) Referendum on Budget: The Government may place its budget proposal to public

referendum before presenting to the President or parliament to ensure rights of the

consumers. If it is placed for referendum, consumers shall know about allocation of

budget for their interest.

(ix) MLM Business and Unfair Consumer Contracts: MLM business may cause

serious loss to a consumer if he is not exposed to all information before-hand and

therefore, it must be observed with close monitoring by the state machinery for the

interest of consumers. All unfair consumer contracts must be considered as void ab

initio.

(x) Crop pattern: It is an important issue to fix crop pattern for ensuring consumer

rights that includes irrigation, zonal production, environmental risks, costs and

benefits, use of seeds, chemical, pesticides, fertilizer and poison in cultivation etc,.

(xi) Online Business: Online business or e-commerce is booming day by day. The

Government must have strict monitoring and quick action bodies to ensure rights of

the consumers. Government must prevent web-sites presenting themselves as

government websites then misleading consumers into paying fees for services that are

actually available free of costs or charges.

(xii) Inflation and deflation: The state must maintain standard practice on inflation and

deflation to ensure consumer rights.

Consumer satisfaction leads towards economic growth

It is widely accepted that consumer satisfaction may raise confidence on businessman for which

national growth on GNP and GDP must be raised on particular sectors. It is now a policy of all

multi-national companies or corporate houses to gain consumers confidence through its quality

and standard products or services having safety and security in its use. In Bangladesh BSTI earns

around Tk 400 crore per year by providing standard marks and licensing authorities earns huge

volume of money. Prime Minister Sheikh Hasina in answer to a question to the Parliament on

June 25, 2014 mentioned that from 2009 upto the date, 796 commercial establishments were fined

for taka 98 lac and 300 for adulteration and for mixing formalin with food 186 commercial

establishments were fined taka 24,51,100. She further mentioned that 15 monitoring team is

working to prevent marketing of chemical mixed food products. She also told that Mobile Court

under the Consumer Rights Protection Act punished 17 offenders and imposed fine upon 2833

commercial establishments of an amount of taka 23,71,850. It is found that consumer satisfaction

is necessary to ensure social bondage that may help to assist each other during emergency or

natural disaster. It is now a concept in many countries that gross national happiness should be

acquired through consumer satisfaction to ensure happiness instead of accumulating money.

Therefore, an inter-links of food habits, food production, right to life and consumer rights,

corporate social responsibility, natural disaster and the economic growth is a must for sustainable

development and ensuring inter-generational equity.

The OMS activities and food grains collection Rules in addition to institutional framework for

analyzing food security shall have a significant role in ensuring food security and right to food.

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

consumer rights. It is the prime responsibility of the state to ensure all those rights to its citizens.

“Bangladesh has well designed food based social safety net programs for poor for ensuring their

food security such as-

Test Relief, Open Market Sale (OMS), KABIKHA, Vulnerable Group Feeding, allowance

for destitute women. The social safety net programs are also sometimes called as Public

Food Distribution System (PFDS). Targeted food distribution programs like Integrated Food

Security (IFS), Vulnerable Group Development (VGD), Food-For-Work and Cash/Food-For-

Education to reach some of the poor are one method to increase household food security for the

poor.”41 Import of food, global politics, and international trade has overwhelmed influence over

consumer rights and their right to life.

Food production, food supply, food distribution etc, has an impact over inflation or deflation that

causes serious problem to the consumers and as such import and export trade in Bangladesh has

innumerable impact over consumer rights.

It reviews food laws of Bangladesh and represents the concept of economic progress through

proper implementation of consumer rights by preventing adulteration of food and unethical

business practices. It examines International Trading systems, World Trade Organization (WTO),

Trading regulations and its effect from country to country. This chapter narrates on how

consumers of a country are affected by the volume of export and import trade, open market

economy, monopoly business and money laundering. The impact of unfair trade practices and the

violation of consumer rights interlinked to economic prospects are categorically discussed to this

chapter. It also provides the strengths and weaknesses of the consumer laws in Bangladesh and

international arena, and identifies the specific problems addressed in the thesis followed by

specific suggestions. The ‘Changes in technology and global balances of power’, political

influences over corporate practices or boycotting goods of certain origin etc, is also discussed….

The book emphasized on the status and lifestyle of consumers. It further expressed notions on

western products, quality and branding of products and cultural knowledge of the users….

The Laws of Bangladesh provides for the establishments of different institutions to protect

the rights of the consumers including various Courts or Tribunals such as-

(i) Consumer Rights Protection Department; (ii) National Consumer Rights Protection

Council; (iii) Special Tribunal; (iv) Mobile Court (can work/ function under various Laws;

It may be constituted by a Special Executive Order); (v) Drug Court; (vi) Food Special

Court; (vii) Ordinary Criminal Courts; (viii) Ordinary Civil Courts; (ix) Marine Courts; (x)

BSTI; (xi) Claims Tribunal; (xii) Executive Magistrate Court, (xiii) BTRC, (xiv) BERC, (xv)

Supreme Court of Bangladesh etc.

The consumers doing online transactions or legal consumers or consumer receiving free services

or receiving medical and drug or those who are taking narcotics in lawful means have no remedy

41 Md. Ruhul Amin and Naser Farid, ‘Food Security and Access to Food: Present Status and Future Perspective’, A paper presented in National Workshop on Food Security in Bangladesh, Dhaka, 19-20 October, 2005.

in our consumer laws. The laws dealing with professional misconducts and negligence are not

clearly stated under the CRPA.

A state economy may also be benefited if diseases caused by adulteration is reduced or accidental

death or wounds is reduced. The inflation rates on consumerism may be fixed by ensuring proper

marketing policies, competition policies and overall implementation of consumer laws. And

finally, the Consumer Rights Protection Directorate (DCRP) and the National Consumer Rights

Protection Council (NCRPC) must act pro-actively for the greater interest of consumer rights.

The monitoring, supervising and executive powers of the DG, DCRP and its inspectors must be

applied for ensuring consumer rights and to prevent unethical business practices.

There should have frequent monitoring and checking or examining or testing of the quality &

standard of a good in conformity with its labeling and the provisions of Law applied thereof. The

examination must be conducted by the experts with the using of modern technological

equipments. In recent times, a serious public debate was on the melamine in baby foods. The

Bangladeshi experts failed to come in a consensus on the issue and we finally depended upon a

foreign expert report. The Supreme Court finally rejected the application on PIL and the

judgment goes in favor of the baby food suppliers.

Consumer redress mechanism in Bangladesh can be viewed from two perspectives.42 Firstly,

redress mechanism under formal justice system that includes various courts, tribunals, institutions

working for the promotion and protection of consumer rights following ordinary or special

procedures. The formal justice system includes different punishments and/or compensations for

violation of consumer rights as concurrent remedy. Secondly, redress mechanism under informal

justice system. The informal justice system includes both traditional and non-formal conflict

resolution mechanisms including functions of various NGO’s. It may be stated that both formal

and informal justice system of Bangladesh has its own pros and cons. For example, the formal

justice system in Bangladesh is found to be “essentially impoverished; crime is underreported and

poorly investigated by the police, the court system is slow and inadequate and the prisons are

dilapidated and overcrowded.” On the other side, the informal justice system does often show

some bias in favor of the rich and powerful and a gender bias in favor of men.

42 Annexure-VI of this thesis stated on various consumer rights related offences and punishments.

In Bangladesh there are overlapping laws on consumer rights protection in various headings that

causes procedural hindrances for effective enforcement of the laws. In respect of business model,

there are different rules and regulations applicable for different states to ensure consumer rights

regarding imported goods and products. The emergence of highly populated nations and there

price purchase capacity also impacts over consumer rights. The education, awareness and strict

application of law are the basis of consumerism in a nation and poverty, inflation, unfair trade

practices, deflation, corruption, procedural lacuna etc, are mainly responsible for weak

application of consumer law. Nevertheless, potential application of consumer law may help

human civilization and future generation sustainable.

The Bangladesh Code (vol. 1 to 43) containing all the laws (acts, order and ordinances) of

Bangladesh from 1836 to 2013 is studied thoroughly to examine consumer related laws and

the provisions thereof including the Consumer Rights Protection Act, 2009

(http://www.minlaw.gov.bd). The Consumer Rights Protection Rules, 2010, the Consumer

Rights Protection Regulations, 2010 and few S.R.O’s enacted afterwards in addition to the

Act are also studied to know the enforcement mechanisms of consumer rights.

In Bangladesh there are several law reports based on the decisions of the Supreme Court of

Bangladesh such as DLR, BLD, MLR, BLC, BLT, and BCR. The Supreme Court Monthly

Review is the official case reporter of the Supreme Court of Bangladesh. There are many law

digests that provides brief summaries of cases organized by subject. In Bangladesh, no legal

encyclopedia, except the Bangladesh Code that consolidated Acts, Ordinances and Orders, are

available to summarize law, legal principles and doctrines. The law journals are not regularly

published and further not received wide spread acceptance for analytical articles focusing new

developments of law, policy issues or highlighting jurisprudential view of the legal issues.43

There are no credible legal sites in Bangladesh except ministries or departments of the

government.

The principle of the Law of Tort, ‘ubi jus ibi remedium’i.e. ‘where there is a right, there is a

remedy’ is applicable for consumer rights protection from common law period.

The number of NGO’s and civil society organizations for protection of consumers in Bangladesh

is in adequate and they are working with particular interests without showing their activities for

‘common interest’ of consumers. The CAB, VOKTA, PABA, BLAST, BELA, ASK etc, are

working in a very limited scale e.g. observing world consumer rights day or organizing one

seminar in a year or filing one writ petition for GMO. LMO or genetic module etc,. This NGO’s

43 Miles O. Price, Harry Bitner and Sharley Raissi Bysiewicz, Effective Legal Research, 4

th edn., Little, Brown

and Company, Bston, 1970, pp. 139.

activities depends on government and other donor agencies funding which is a barrier for pro-

active role of the NGO’s and also to act without undue influence from vested quarters.

People’s perception on consumer rights protection and economic development

A number of 507 respondents were interviewed to know their perceptions on current status of

consumer rights, economic prospects and suggestions for effective implementation of consumer

rights by identifying problems prevailing thereof.

The respondents were asked to know about their maximum expenditure in a respect of particular

types of product items where they have identified 54% on daily needs. The second category 11%

was household and electronics appliances. A number of 9% consumers are spending their

earnings mostly for purchasing drugs or medicine. Bangladesh has a huge market of cosmetics

and dresses. However, very few respondents have the capacity to purchase fruits. So, the

consumers who attended in this survey are covering all the areas of products. The most important

area to address for ensuring consumer rights is the daily needs i.e. rice, oil etc,.

The respondents were asked to know about their feelings on the consumer market conditions. A

number of 76% product consumers are not satisfied with the present situation of our consumer

market and 8% of them were abstaining in making any comments. This chart shows the level of

dissatisfaction of our consumers who are seriously aggrieved with the existing system of our

consumer markets that needs to be managed properly by the government, concerned authorities

and also by the law enforcing agencies.

Consumer Perceived Value

This question was mostly psychological than economical. The consumers have given different

types of answers that provided that they remain confused during purchasing of goods or services.

Around 41% of the consumers want a product or service with cheap price or rate or fess but the

quality, style, fashion, status, durability, sustainability, comfort, safety and security of the product

or service must be ensured simultaneously. In addition to the above, the respondents in a large

number 15% want to get a product with cheap price whereas 14% wants to get a quality product.

The people’s of Bangladesh are becoming fashionable as 5% of the respondents preferred it and

3% of the respondents who are maintaining a standard life wants comfort to whom money is no

matter. However, many consumers 8% are conscious about safety and security and a portion of

the consumers 11% are interested to durability and sustainability.

From the above chart, it is shown that 60% of the respondents were cheated as a consumer and

further 29% provides description of their grievances. The consumers are mostly cheated by false

information, concealing information, excessive price, low quality products with high price,

imitation, violation of contractual obligation, shortage of products in the market giving them no

choice, counterfeit, false labeling and standard marks, adulteration, date expired, no receipt for

purchase, false weight and measurement, no guarantee or warranty card, additional payment for

after sale services, mixing goods with other low quality items, selling stolen and smuggled goods

in open market, coercion marketing strategy, false advertisements etc,. So, the consumers are in a

whole in a vulnerable state and cheating is a business practice in Bangladesh now.

Health Services in Bangladesh

In response to the above question, 72% of our respondents who themselves or their relatives

admitted to the hospitals or clinics or received medical advice shown their dissatisfaction over the

medical and health services in Bangladesh.

Preferential Health Service Providers

The respondents were asked about their opinion on satisfactory health services in Bangladesh. It

is found from the above chart and table that 9% consumers do not prefer Bangladesh for

satisfactory health services and 31% are dissatisfied with both in private and public hospitals or

clinics or health centres. However 25% consumers depend on private doctors for satisfactory

health services. It is interesting that the ratio of dependency on public general hospitals or health

centres comparing to private clinics or hospitals is very high which is 21% and 9% respectively.

The reasons behind this may be availability of senior doctors, lump-sump fees for visit and tests,

availability of cabin or bed, financial incapacity of the consumer etc,. So, the government can

improve public hospitals conditions and at the same time maintain with a regulatory body for

monitoring private doctors and private hospitals/ clinics for ensuring health services in

Bangladesh. A large number of consumers who are going abroad or have no confidence on our

native health services spending a huge amount of taka for their treatments outside should be

turned into our own hospitals and clinics if proper services and proper treatments can be ensured

through overall changes of the health service systems.

Ssocial Security and Safety net Insurances in Bangladesh

The above question covers both product consumer and service consumer. The respondents in a

huge number which is 87% gives in favour of safety net insurances for the victims who suffered

by accident or adulteration or unethical business practices. However 13% of the respondents says

no but some of them comments that it is not possible for the government at this stage but in future

with our economic development, the matter may be taken into prior consideration.

Compensation for Accidental Victims

The respondents are seriously unhappy with the existing compensation system which is

commonly provided from the relief fund of the government and in a small amount which cannot

help the victims or his relatives. A number of 40% consumers are dissatisfied, 22% are very

dissatisfied and 20% did not comment on the matter of financial compensation which shows the

level of their grievances. However, some consumers consider the amount of compensation of fine

is better than none. So, the government should take this matter with serious importance for

ensuring consumers rights by providing compensations to the victims and imposing fines against

the offenders. In this regard law must give specific idea about the rights of those who remains

disappeared in an accident.

Activities of Trade Union

In response to the above question, the respondents in a large number i.e. 77% considers that trade

union is a barrier for ensuring justice to the accidental victims or to provide them with damages.

The trade unions are not working ethically, legally in a right way rather acting as a pressure group

in favour of the transport workers to save offenders and undermine our existing laws on the issue.

Privatization of Utility Services

The respondents have given answer in favour of privatization of electricity and gas or other utility

services for better services. However 38% respondents are against privatization rather they want

to get proper services from the government or the respective autonomous agencies. Some

consumers even suggested that privatization of electricity, gas and utility services goes against the

mandate of the constitution and fundamental rights and even national security may be hampered

for such.

State of Real Estate Business

The real estate or land developers and house builders are the most corrupted sections that infringe

consumers’ rights in Bangladesh. It is found from this survey that 82% of the respondents are

dissatisfied with their services. So, the real estate laws in addition to other existing laws must be

implemented properly for ensuring consumers from inhumane sufferings and cheatings of the

concerned businessman.

State of Telecommunication Services

The answer to this question narrowly

escaped marginal gap between ‘yes’ and ‘no’. It is

found that 58% consumers are still not happy with the

telecommunication services that include online and

mobile services.

After Sale Services in Bangladesh

It is found from the above survey as stated in the table and chart that 49% respondents are

dissatisfied with after sale services, 15% very much disappointed and more interestingly 25%

never heard of after sale services. So, this services although connected to purchase of a good or

products needs to be addressed for ensuring consumer rights.

Economic Progress through Implementation of Consumer Rights

It is further intersting that 65% of the resonpends consider that proper implementation of

consumer rights shall ensure economic progress and development and 19% made no comments.

The consumers may be benefited if labeling and standard marks are properly given, adulteration

is stopped, services are given properly, accidental deaths and damages is reduced in a remarkable

number, cheating and unethical business practices is punished etc,.

Impact of Trade and Import over Consumer Rights

The survey results that 57% consumers consider that import of goods and various consumer items

including international trading system is a barrier for ensuring consumer rights in Bangladesh and

15% did not make any comment on the matter. As Bangladesh depends for its basic necessities

upon import of various essential goods, it impacts upon the market price and price hike of a

particular imported product that hampers consumer rights.

Implementation of Intellectual Property Laws of Bangladesh

The results from this survey on this particular question gives no concrete senses about the matter

on whether effective implementation of intellectual property laws (i.e. copyright, trademark right,

patent right, design right) shall have adverse impact over consumers in Bangladesh or not. A

number of 15% made no comments who are the life liners in giving answer to this question which

shall lead us to a conclusion. However, 46% population of Bangladesh at present is against the

strict application of intellectual property laws.

False Advertisement

From the above chart and table it is clear that 64%

respondents consider that false and misleading advertisement is a great concern for effective

implementation of consumer rights in Bangladesh and 14% respondents abstained in making any

comments that suggested that advertisements impacts on consumers decision making process and

therefore false advertisements infringes his rights.

Impact of Advertisement over Consumers

It is interesting that consumers are influenced by different ways of media and advertisements of

which 43% by audio-visual, 17% by printing, 15% by online, 13% by audio and 13% by other

forms. Several consumers says that they are influenced by talk show, some by leaflet, banner and

festoons, some by procession and few by seminar and workshops. So, the government may use

the best medium for creating awareness among consumers for enforcing their rights.

Type of answer Number of

respondents Percent

Yes 323 63.7

No 74 14.6

No comment 110 21.7

Total 507 100.0

Victims of Adulteration of Food and Drugs

It is clear from the above chart and Table that Child, youth, adult and age-old i.e. all categories of

our citizens are in a vulnerable position for adulteration of food and drugs. The children are

specifically most vulnerable as commented by 20% and adults are in the next category according

to 11% of the respondents. So, law must address the interest of those groups and should cover

needs and rights of all the citizens with proper implementation mechanisms for ensuring

consumer rights in Bangladesh.

The consumers of Bangladesh are unhappy and dissatisfied with various factors responsible for

violation of their rights. The above table shows that 48% of the consumers consider all the factors

mentioned in the questionnaire are responsible for their dissatisfaction such as -no price

controlling system, low quality and unsafe items of goods and services, adulteration of foods and

drugs, no monitoring and standard check by Govt., Sale of date expired products, Fake scale of

weight and measurement etc,. The consumers are seriously concerned for adulteration of food and

drugs who are 19% of the total respondents. So, the government and respective authority must

relieve product consumers from above factors for regaining their confidence over fair consumer

market.

Perception on the Reasons of Price Hike

Type of answer Number of respondents Percent

Over population but less production 83 16.4

Dependence on import for essential items 77 15.2

Unethical business practices e.g. hoarding, smuggling,

excessive profit etc 201 39.6

No control and effective monitoring system on market by

Govt. 110 21.7

Open market economy and absence of effective

competition laws 36 7.1

Total 507 100.0

The respondents in a huge number considers unethical business prctices is the main reason of

price hike. The above table and chart shows that 40% of the respondents blames unethical busines

prctices, 22% blames on the government for no control and monitoring system over markets, 16%

blames on over population and 15% considers import of goods is the main reason of price hike.

Only 7% of the respondents blames on the open market economy and absence of effective

competition laws who are mainly from the business community, investors and traders. So, the

government needs to take effective measures to curb unethical business practices and also to

ensure control and regular monitoring over the consumer markets for ensuring their rights.

Perception on the Improvement of Health Service Conditions

The 56% respondents provided a unique opinion that they consider health insurances and free

medical check up for all the citizens can improve the health services system in Bangladesh. A

number of 18% suggest that Govt. shall fix rates or fees for doctors and diagnosis and 15%

conceives that Govt. shall ensure quality drugs or medicine with reasonable price. However, 8%

consumer’s talks about the political involvements of doctors, nurses and others in the medical

services are a problem for our health services. There are some consumers who suggests use of

technology, training for doctors, nurses, medical officers, expansion of rural health services etc,.

are also important for improvement of health service conditions in Bangladesh.

Perception on Transport Services

Transport services are other fields where most consumers have experienced faulty management

systems and sustained sufferings including huge number of accidental death in each day. The

survey as stated above in the table and chart shows that 34% consumers thinks the transport

services of Bangladesh is full of Mismanaged and no monitoring and control by Govt. and Pvt.

Owners, founds Lack of professionalism from driver, contractor etc, suffering for Excessive fare

with unhealthy environment and unethical competition, always feel insecure and unsafe for high

accidental rate, and seen extortion by police and trade unions. In addition to that 19% considers

accident is a common issue to identify transport services and 13% thinks mismanagement and 12

% founds excessive fare are the common features of our transport services. However, some

people want to restructure our communication system and renovation of our roads and highways.

Perception on Consumer Rights Enforcement in Transport Sectors

From the above table and chart, it is found that 49% of the respondents are in favour of taking

multiple actions for ensuring consumer rights in the transport sectors in Bangladesh. The actions

may be Effective monitoring on the income and expenditure of trade unions, Improving

conditions of roads, highways, navigation and railways, Fixing fare on all routes of road, railway,

waterways and regular monitoring by the law enforcing agencies to ensure fair prices, becoming

Strict on training and professional ethics before issuing any licenses to a driver, master or others

and regular monitoring on their capability, ensuring Effective Law enforcement for negligent,

rash driving and other violations with an effective traffic policing system free from extortion,

Digitalization of all routes, vehicles, railways, navigation systems, licensing systems, ticketing

systems and regular monitoring on that, and initiating compulsory Passenger/commuter

insurances, Receiving passenger complain with quick action and quick accidental redress

mechanisms. However, professional training and passenger insurances are always getting priority

by the consumers for ensuring consumer rights.

Perception on the Scenario of Real Estate Sectors

The respondents are confused of how to explain the nature and characters of the realtors i.e. land

developers and house builders. Some 16% consumers says that mostly unethical and illegal

practices conducting by them, 15% comments that they always gives false advertisement and

based on lies without approval of their projects from lawful authorities, 14% opines that they are

fully involved in fraud, misrepresentation and illegal grabbing of land, 14% comments that they

are Selling same property or flat to many without registration and giving to none by

misappropriating money or returning money through installment without interests and 7% says

that no actions are taken against them by respective authorities for such illegal and unethical

activities and further 21% considers realtors involved in all those illegalities as stated above. So,

the government should take actions against the illegal land grabbers and also to punish them. All

types of illegal practices from realtors should be prohibited and punished for the greater interest

of consumers.

Perception on the Violation of Consumer Rights in Telecommunication Services

The consumers stated multiple reasons for their dissatisfaction over telecommunication services

such as 23% stated Frequent network disruption, 13% stated False advertisement using tele-

services, 12% mentioned that Right to safety,Security and privacy is threatened, 11% becomes

unhappy as not available network all over the country, 10% dissatisfied with high price of phone

sets and accessories and not adequate after sale services, 6% comments high price/ rate/charges

for call and other services is the reason of their dissatisfaction and 23% provided all the above are

the reasons of their dissatisfaction. Few people says that customer care centre are charging in the

name of customer care, no bangla online or phones, network busy tones, and a few consumers

blames abusive and aggressive marketing by using tele services. So, the regulatory authority must

take care of those issues for ensuring consumer rights.

Respondents Self-evaluation as Consumer

The consumers of Bangladesh have been suffering from various problems and systematic

disorders such as 15% have been suffering from lack of interest to file cases due to lengthy and

costly legal proceedings, 13% from no strong consumer association, 11% suffering from Lack of

awareness and not educated on consumer rights, 8% on poverty and 46% considers that

consumers have all the above problems. So, the consumers must know about their rights and take

effective measures for ensuring those rights. The state shall always work for the consumers from

side by side. A several consumers comments that our consumers are changing their mentality

very quick and as such unpredictable, some says consumers wants extra with the same price and

few blames them for depending on smuggled and black marketed items.

Perception on Economic Progress Through Implementation of Consumer Rights

It is further intersting that 65% of the resonpends consider that proper implementation of

consumer rights shall ensure economic progress and development and 19% made no comments.

The consumers may be benefited if labeling and standard marks are properly given, adulteration

is stopped, services are given properly, accidental deaths and damages is reduced in a remarkable

number, cheating and unethical business practices is punished etc,.

Perception on the impact of trade and import over consumer rights

The survey results that 57% consumers consider that import of goods and various consumer items

including international trading system is a barrier for ensuring consumer rights in Bangladesh and

15% did not make any comment on the matter. As Bangladesh depends for its basic necessities

upon import of various essential goods, it impacts upon the market price and price hike of a

particular imported product that hampers consumer rights.

Strengths of consumer rights protection scenario and its impact over economy

200% increase of domestic air-passengers year on year basis shows the increasing busy

life of consumers and their purchasing capacity for safe and secured life;

100% increase of 5 star hotels, beauty parlours, credit card users and volume of banking

transactions year on year basis in Dhaka, Chittagong and Cox’sbazar shows the economic

growth and changing lifestyle of urban consumers;

150% increase of online banking transactions, mobile banking, number of mobile users

and online shopping shows the technology-friendly consumers are increasing very

quickly;

No increase of oil, energy and utility services price in 2014 is a sign that the government

has been increasingly in pressure by the consumers to adjust its domestic market prices

with international trade markets.

Encouraging CSR activities by the central bank and issuing circulars to other banks is

very positive for the consumer’s specially marginalized communities.

Self–dependency in essential food items for three months surplus is very significant for

economic progress and sustainable development.

Reducing arable lands but increasing agro-production using technology, research, hybrid

seeds and digital exchange of ideas and information through Union Communication

centres is very significant for consumer interests.

Weaknesses identified in the survey on consumer rights protection mechanisms

* The Consumer rights Protection Act,2009 in Bangladesh did not include free services, online

services, legal services, banking services, police services and other services of public servants as

consumer rights.

* The main reasons for product consumers dissatisfaction are no price controlling system, low

quality and unsafe items of goods and services, adulteration of foods and drugs, no monitoring

and standard check by Govt., Sale of date expired products, Fake scale of weight and

measurement etc,.

* The consumers of Bangladesh are mostly concerned about products as more than 50% of their

income is spending for purchasing essential commodities and a huge amount for purchasing drugs

and medicines in general. They have few options to think of recreation, comfort, fashion and

style. However, there is a growing trend of fashions and lifestyles in the urban areas who are

spending enough for dresses, electronic items and cosmetics.

* The consumers are spending less in purchasing fruits that indicates their less priority of dieting

systems and nutritious food habits.

* It is interesting that the consumers want a product with cheap price or cheap rate or reduced

fees but at the same time wants that the quality, style, fashion, status, durability, sustainability,

comfort, safety and security of the product must be ensured simultaneously.

* It is a serious issue that consumers are not known to the authority who are working for their

interests except a small number of the respondents identified the name of Mobile Court. It is

interesting that 60% consumers comments that only Mobile Court can not ensure consumer

rights.

* It is found that consumers are mainly blaming for their sufferings not only upon the producer or

manufacturer, distributor or supplier and seller but also upon the ineffective legal actions by the

executive and judicial authorities, unethical business practices, corrupted administrations and also

against insufficient and ineffective law.

* The consumers thinks that genetic engineering, bio-technology and hybrid production is

against the interest of local food, local food stuffs, indigenous habit, culture and religious faith .

Whether genetic engineering, bio-technology and hybrid production may cause adverse impact

over nature and violate natural imbalances should be taken into serious consideration for the

greater interest of consumer and their rights.

* The respondents in a huge number considers unethical business prctices is the main reason of

price hike. The other reasons of price hike included no control and monitoring system over

markets, over population, import of goods, open market economy and absence of effective

competition laws.

* The consumers are mostly cheated by false information, concealing information, excessive

price, low quality products with high price, imitation, violation of contractual obligation, shortage

of products in the market giving them no choice, counterfeit, false labeling and standard marks,

adulteration, date expired, no receipt for purchase, false weight and measurement, no guarantee or

warranty card, additional payment for after sale services, mixing goods with other low quality

items, selling stolen and smuggled goods in open market, coercion marketing strategy, false

advertisements etc,. So, the consumers are in a whole in a vulnerable state and cheating is a

business practice in Bangladesh now.

* It is further a serious issue that the consumers are being cheated but remains helpless and

without lawful remedy. The main reason may be restriction in filing criminal cases directly by

the consumers or payment of laboratory test fees and court fees for other cases or suits by the

complainant or plaintiff.

* Regarding service consumers, it is found that health, transport, utility, real estate, tele-

communication, online and banking services are the area where consumers rights have been

seriously affected.

* The consumers are seriously unhappy with the prevailing health and medical services in

Bangladesh due to excessive charges/ fees, for false/ unnecessary diagnosis, for business with

profit making attitude without service mentality, for lack of professionalism from nurses and

doctors as well. A number respondents are dissatisfied for various other grounds such as noisy

environment, polluted air with bad smell, lack of nursing and cleanliness, no frequent monitoring

or visits by senior doctors, lack of emergency support, No ICU or CCU or other modern facilities

in many hospitals, no supply of quality food and maintenance of hygiene, no psychological or

traumatic supports for accidental, rape and other victims etc,.

* It is interesting that the ratio of dependency on public general hospitals or health centres

comparing to private clinics or hospitals is very high which is 21% and 9% respectively. The

reasons behind this may be availability of senior doctors, lump-sump fees for visit and tests,

availability of cabin or bed, financial incapacity of the consumer etc,. So, the government can

improve public hospitals conditions and at the same time maintain with a regulatory body for

monitoring private doctors and private hospitals/ clinics for ensuring health services in

Bangladesh. A large number of consumers who are going abroad or have no confidence on our

native health services spending a huge amount of taka for their treatments outside should be

turned into our own hospitals and clinics if proper services and proper treatments can be ensured

through overall changes of the health service systems.

* The respondents provided a unique opinion that they consider health insurances and free

medical checkup for all the citizens can improve the health services system in Bangladesh. A

number of them suggest that Govt. shall fix rates or fees for doctors and diagnosis and the Govt.

shall ensure quality drugs or medicine with reasonable price. However, some consumer’s talks

about the political involvements of doctors, nurses and others in the medical services are a

problem for our health services. There are some consumers who suggests use of technology,

training for doctors, nurses, medical officers, expansion of rural health services etc., are also

important for improvement of health service conditions in Bangladesh.

* Transport services are other fields where most consumers have experienced faulty management

systems and sustained sufferings including huge number of accidental death in each day. The

respondents in a huge number which is 87% gives in favour of safety net insurances for the

victims who suffered by accident or adulteration or unethical business practices. The respondents

are seriously unhappy with the existing compensation system which is commonly provided from

the relief fund of the government and in a small amount which cannot help the victims or his

relatives.

* The respondents consider multiple reasons behind accidents in Bangladesh such as vulnerable

road/ railways/navigation system, lack of proper training and rests necessary to driver/ master, no

exemplary punishments for accident, no existing laws on passenger insurances or compensation

by the offender, lack of interest to implement law by the traffic police or law enforcing agencies

etc, lack of professionalism from drivers and faulty traffic laws and systems. So, there is an

essentiality for changing our laws, traffic systems, implementation of laws, up gradation of

roads, highways, railways, navigation systems, making laws on passenger insurances and further

to provide professional training to the drivers, masters etc,. The use of online, GPRS system may

help in this regard for monitoring and providing exemplary punishments and also compensations

to the victims. It is further necessary to open foot paths or foot over bridges or underpass for the

commuters and also by inaugurating elevated express way or bullet trains to reduce congestion of

traffic systems and also to curb accidents. The Hats, bazaars and human habitation besides

highways and railways should not be allowed for reducing number of accidental death.

* The maximum number of respondents considers that trade union is a barrier for ensuring justice

to the accidental victims or to provide them with damages.

* The respondents are in favour of taking multiple actions for ensuring consumer rights in the

transport sectors in Bangladesh. The actions may be Effective monitoring on the income and

expenditure of trade unions, Improving conditions of roads, highways, navigation and railways,

Fixing fare on all routes of road, railway, waterways and regular monitoring by the law enforcing

agencies to ensure fair prices, becoming Strict on training and professional ethics before issuing

any licenses to a driver, master or others and regular monitoring on their capability, ensuring

Effective Law enforcement for negligent, rash driving and other violations with an effective

traffic policing system free from extortion, Digitalization of all routes, vehicles, railways,

navigation systems, licensing systems, ticketing systems and regular monitoring on that, and

initiating compulsory Passenger/commuter insurances, Receiving passenger complain with quick

action and quick accidental redress mechanisms. However, professional training and passenger

insurances are always getting priority by the consumers for ensuring consumer rights.

* The majority of respondents have given answer in favour of privatization of electricity and gas

or other utility services for better services.

* The 82% of the respondents are dissatisfied with land owners, land developers and real estate

business in Bangladesh. The realtors taking different modes of unethical practices such as false

advertisement based on lies and misleading information without approval of their projects from

lawful authorities, fraud, misrepresentation and illegal grabbing of land, selling same property or

flat to many without registration and giving to none by misappropriating money or returning

money through installment without interests and the culprits are encouraged by that as no actions

are taken against them by respective authorities for such illegal and unethical activities.

* The majority consumers are dissatisfied with telecommunication services and stated multiple

reasons for their dissatisfaction over telecommunication services such as Frequent network

disruption, false advertisement using telecommunication services, threat to right to safety,

Security and privacy, not available network all over the country, high price of phone sets and

accessories and not adequate after sale services, high price/ rate/charges for call and other

services. Few consumers says that customer care centre are charging in the name of customer

care, no Bangla online or phones, network busy tones, and a few consumers blames abusive and

aggressive marketing by using telecommunication services.

* A number of 86% of the respondents suggested adding free services, mobile banking services,

banking and financial services and online services to our Consumer Rights Protection Act.

* The majority consumers are disappointed and dissatisfied with after sales services in

Bangladesh and a large number of them never heard or found of after sales services without

payment.

* The consumers of Bangladesh are nearly united (94%) into their expectations of finding ethical

business practices. They have stated that ethical business practices may be ensured through

Proper laws and its implementation, by providing Financial security, investment friendly

environment etc, by ensuring free from bribery, extortion, harassment and undue influence,

through Political stability, by ensuring family, social and cultural bondage with reciprocal

responsibility, and by taking effective measures on all the above as stated. Some respondents

comment that ethical business practices is impossible while corruption is surrounding business

functions.

* A number of 61% respondents blame multiplicity of laws as a barrier o consumer rights.

* The majority respondents consider that BSTI, Bar Council, Drug Council, Medical Council etc.

are not working in appropriate way to ensure consumer rights.

* It is a matter of great expectation that 65% of the resonpends consider that proper

implementation of consumer rights shall ensure economic progress and development and 19%

made no comments. The consumers may be benefited if labeling and standard marks are properly

given, adulteration is stopped, services are given properly, accidental deaths and damages is

reduced in a remarkable number, cheating and unethical business practices is punished etc,.

* 57% consumers consider that import of goods and various consumer items including

international trading system is a barrier for ensuring consumer rights in Bangladesh.

* The results from this survey gives no concrete senses about the matter on whether effective

implementation of intellectual property laws (i.e. copyright, trademark right, patent right, design

right) shall have adverse impact over consumers in Bangladesh or not. A number of 15% made no

comments who are the life liners in giving answer to this question which shall lead us to a

conclusion. However, 46% population of Bangladesh at present is against the strict application of

intellectual property laws.

* 64% respondents consider that false and misleading advertisement is a great concern for

effective implementation of consumer rights in Bangladesh and 14% respondents abstained in

making any comments that suggested that advertisements impacts on consumers decision making

process and therefore false advertisements infringes his rights. It is interesting that consumers are

influenced by different ways of media and advertisements of which 43% by audio-visual, 17% by

printing, 15% by online, 13% by audio and 13% by other forms. Several consumers say that they

are influenced by talk show, some by leaflet, banner and festoons, some by procession and few by

seminar and workshops. So, the government may use the best medium for creating awareness

among consumers for enforcing their rights.

* The consumers of Bangladesh mostly knows that food, shelter, apparel, medicine and education

is a part of our fundamental rights which is basically part of human rights or

fundamentalprinciples of state policy in our consitution. So 72% given answer in favour of the

inclusion of those matter in our constitution as fundamental rights. However, the government

although enacted many laws separately for ensuring various rights of consumers they are not yet

interested to include all those as fundmenetal rights due to financial incapacity.

* It is clear from the survey that Child, youth, adult and age-old i.e. all categories of our citizens

are in a vulnerable position for adulteration of food and drugs.

The Constitution of Bangladesh stipulates ‘right to life’ as a fundamental right that indirectly

protects consumer rights.44 The constitution also states that it is the fundamental responsibility of

the State to ensure the basic necessities of life, including food, clothing, shelter, education and

medical care with special regard to public health and morality. The High Court Division of the

Supreme Court may come forward for ensuring consumer rights through its judicial activism.45

The NGO’s such as CAB, VOKTA or Civil Societies may play a significant role in ensuring

consumer rights through awareness campaign, advocacy, legal aid and services.

In Bangladesh, apart from the Constitutional provisions, there also have a few specific consumer

protection legislations which are 'scanty,' 'scattered over a whole range of enactments' and are

'only indirectly related to the protection of consumer interests' except the Consumer Rights

Protection Act, 2009, Consumer Rights Protection Rules, 2010 and Consumer Rights Protection

Regulations, 2010. To ensure security and safety in life, the consumer rights protection related

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

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

impact widely on economic progress in national and international level. The consumer related

laws should be enforced equally for all the citizens irrespective of their nationalism or race, sex,

colour, language, religion etc,.

In Bangladesh, governments are mostly formed by the people from business communities who

pledge no care in reality for ensuring consumer rights rather involved in unethical business

practices for gaining money by hostaging consumers in different forms.

The government is not allocating sufficient fund for testing standard of products, market

monitoring for quality, standard and price of products, providing adequate compensation to the

victims of adulteration and accidents which is a barrier of effective implementation of consumer

44 Articles 27 ad 31 of the Constitution of the People’s Republic of Bangladesh.

45 Article 102 of the Constitution of the People’s Republic of Bangladesh provided to issue suo motu Rule or to hear and issue direction in PIL (Public Interest Litigation) though writ petition.

rights. Sometimes poverty and over population is considered as a barrier towards proper

enforcement of consumer rights.

At present, Judicial and Executive Magistrate are in a cold war regarding their jurisdictions that

arises after the separation of judiciary. The Mobile Courts which is mainly presided over by the

Executive Magistrates have no legal knowledge and as such most judgements passed by them are

subsequently turned down or overruled by the Judiciary. The other procedural hindrances

includes court-fees for civil suits, test of alleged adultered products be paid by the complainant,

no direct case without approval of the DG of Consumer Right protection department etc,.

A number of around 65 national and many international laws are prevailing for the promotion and

protection of consumer rights in addition to the religious verses. The multiplicity of laws and its

conflicting provisions is a great barrier for effective implementation of consumer rights. There are

many issues which are not even properly addressed in the laws such as service consumers, online

trading, drug adulteration and use of narcotics, halal foods, price hike, traceability, indigenous

habit, bio-technology or genetic engineering, rationing etc,.

Technology is an important issue for effective implementation of consumer rights. The testing or

examining quality of goods, standard of products or services, weight and measurements,

accidental inquiry, counterfeit of products, adulteration of foods or drugs, environment friendly or

health friendly products or services etc. can be ensured by technology.

The Council of Consumer Rights is formed by the like minded Government officials and

supporters of the incumbent Governments whereas the DG of the Directorate of Consumer rights

virtually not accountable to anyone although he is given main responsibility for ensuring

consumer rights. The Other committees to be formed under the Consumer Rights Protection Act,

2009 have no effective role in ensuring consumer rights and they are not accountable to anyone

for their acts.

As the Consumer Rights Protection Act, 2009 has enumerated provisions for the immunities and

privileges of sellers and manufacturers and the administrative authorities who are mainly

responsible for market monitoring, providing standard and property marks, licenses, controlling

price hike, testing and examining adultered foods and drugs, checking scales of weight and

measurements has no accountability, unethical business practices is a common scenario in

Bangladesh that includes smuggling, hoarding, monopolization, adulteration, counterfeiting etc,.

Corruption of the administrative and other authorities in providing licenses, monitoring

competition laws, executing consumer laws against unethical trade practices is a serious concern

for implementation of the laws.

There are numerous authorities to examine and take necessary action for adulteration of food like

Mobile courts, BSTI, Food courts, DG of the Consumer department, DC and other committees.

The Drug council and drug court is liable to ensure safety in drugs and to take action against

adulteration of drugs. However, lack of their accountability and monitoring, lack of expertise,

corruption etc. causes no control over adulteration of food and drugs by using formalin, chemical

and other health hazard components.

There are provisions for market monitoring by the DG of the Consumer department or by Mobile

courts or by the committee to see price hike, adulteration, ethical or fair business practice, supply

of goods, safety and security in providing services etc,. However, hardly such authorities act to

ensure consumer rights through continuous and effective market monitoring.

As the individuals can not file any criminal case against the seller or producer for violation of

consumer rights without approval of the Consumer rights department, rarely any proceedings is

drawn by the department against the offenders for violation of consumer rights.

The mismanagement in health hazard products and the garbage by the hospital, factory, and local

authorities causes serious impacts over consumer rights. The impact of air pollution, water

pollution, chemical emission to air and water, absence of green technology etc, causes serious

threat for our environment and as well as right to life. There are unaccountable accidental rates in

Bangladesh due to legal loopholes, negligent and rash driving, no effective monitoring against

service providers, negligence in building substandard construction materials, no insurance

facilities for the worker or passengers, no deterrent punishments for the offenders etc,.

* There is no law to protect consumer rights for refugees, victims of war or internal disturbance

or external aggression.

* Those who are unemployed and dependent to others cannot execute their right to choice as a

consumer.

* The existing law has not been applied to protect consumers from purchasing smuggled cars,

golds, cows, sari and also to monitor on stolen markets.

* The Corporate Social Responsibilities (CSR) activities not duly monitored and continued in a

coordinated way for the protection of consumers in Bangladesh.

* There is no implementation of laws to ensure safety, security and equal fees for same diagnosis

and laboratory tests in the hospitals, diagnosis centres and medical laboratories for the interest of

consumer protection.

* The privacy of consumers is frequently violated by abusing close circuit cameras and other

technologies using online and in the name of safety and security.

* There are no safety net insurances for victims and their families of medical negligence,

accidental death, adulteration of foods and drugs.

* There is no institution in Bangladesh to provide ‘halal certificate’ although the Islamic

Foundation has for the first time in 2015 issued a certificate without any legal sanction.

* The law on traceability is not yet applied for food and fish products in Bangladesh till

submission of this research although a provision is added to the Safe Food Act, 2013.

* The use of technology and scientific equipment in agricultural production and food processing

is not at satisfactory level in Bangladesh.

* The excessive use of underground water for agriculture is a threat to the existence of future

generation and sustainable development.

* The use of pesticides, insecticides, chemicals and poisons in agricultural production and food

processing posing as serious threat to human health and responsible for various diseases.

* There is no coordination among different organizations of the Government to maintain nutrition

level in food production.

* There is no research and assessment to ensure production, collection, distribution, supply,

import of food stuffs to fulfill consumers demand.

* The agricultural production in Bangladesh is not maintained through zone wise production as

per demands of the consumers.

* The farmers are not benefited by the subsidies given by the government to reduce production

costs for interference of commission agents which impacts consumers as the end-users.

* The food security programs of the government such as- Test Relief, Open Market Sale

(OMS), KABIKHA, Vulnerable Group Feeding, allowance for destitute women is not to

ensure food security but to give as ‘relief’ to the destitute or poor of the disaster prone areas.

* There is no law to fix prices of essential commodities and to monitor hat-bazars-markets-super

shops from time to time which is made by the Ministry of Commerce from time to time through

circulars as necessary.

* There is no practice to credit VAT paid during purchase to add to the tax return of the

consumer.

* Poverty, illiteracy and lack of awareness are barrier to effective implementation of consumer

rights in Bangladesh

False advertisements and consumers attitude to get extra or free with purchase is assisting

unethical business practices specially in the sector of real estate, telecommunication,

product purchase etc,.

Import of goods and products without proper assessment of needs goes against the

interest of consumers.

Malpractices in health, medical, legal and other professional services are also infringing

consumer rights.

Monopoly business, ineffective competition laws etc, poses a threat to ensuring consumer

rights.

Faulty management system and no research on agro production through zone wise to

meet consumers need is a threat for sustainable development.

Regarding service consumers, it is found that health, transport, utility, real estate,

telecommunication, online and banking services are the area where consumers rights

have been seriously affected.

The quality and quantity of after sale services is not satisfactory for implementing

consumer rights.

Consumers having options and capabilities going outside the country for taking medical

treatments which is not suitable for consumer’s interests and economic prospects.

There is no law on GMO or Genetically Modified Organisms.

There is no specific provision except the Contract Act, 1872 to protect consumers from

unfair consumer contracts and to protect their privacy and to save them from online and

other transactions.

“A study by Bangladesh Agricultural Research Institute (BARI) in September 2010 revealed that

use of toxic chemicals in agriculture had increased six times over a decade.

As per the data of Bangladesh Kidney Foundation, some 16 per cent of country's people suffer

from renal diseases because of food adulteration.

Due to taking adulterated food the number of patients suffering from cancer, kidney and liver

complications is increasing day by day. In 2012, the number of cancer patients was 232,456 and it

jumped to 476,265 in 2013, according to a leading non-government organisation in the country.

Recommendation to ensure sustainable growth by ensuring consumer rights

All the current consumer laws of Bangladesh and relevant international trading laws are studied,

examined and suggested for its effective implementation that may lead towards economic

progress. The Consumer behaviour pattern, ethical business practices, legal actions for violation

of consumer rights, administrative, judicial and procedural functions by consumer redress

mechanisms are critically analyzed in this manuscript.

The consumer protection is a large area covering a diverse range of laws and policies. It includes

such topics as the regulation of market place relations (contract terms, advertising), the

establishment of health and safety standards for products sold to consumers, and regulation of the

provision of certain services (credit, professions, public services etc.). Therefore, it is designed to

protect consumers against injuries occur in unregulated markets.

The issues of socio-ethical dynamics of international trade includes human rights, labour

standards, bribery, money laundering, cultural issues in marketing, capitalism, regional bloc etc,.

To achieve future challenges for the greater interest of consumers, innovative negotiating

techniques and rules are needed to restrain big trading partners from resorting to outright trade

war and retaliation against weaker partners.

The right of a consumer is seen through the mirror of economic progress. A consumer right

includes a ‘bundle of rights’ and is a ‘package’ to ensure security and safety in life. In spite of

resistance from the business communities, especially those involved in monopoly business, it is

now widely accepted that consumers should be dealt with special care and attention by providing

‘secured service’ and ‘safety products’. The people of the developing and least developed

countries are still in an ordeal to this aspect of consumer rights. This study has a great importance

to this respect.

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

religious conditions of a particular community. Bangladesh, a developing country with over

population, is dependant upon the foreign countries for its essential commodities and imports

huge food, cosmetic and essential products every year especially from India, Japan, China, the

USA and the EU countries. It has very good relations with the Middle East countries and earns

huge foreign exchanges by exporting goods and remittances every year.

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

consumer rights. It is the prime responsibility of the state to ensure all those rights to its citizens.

Bangladesh, a country looking forward for MDG, is under threat for unscrupulous business of

formalin and food and drug adulteration with unchecked service default which is a part of

consumer rights and as such essential to integrate in our laws and to implement it.

So, the importance of the study is not only for academic purpose but carries a great value towards

humanity. The study is purely based on human activities towards consumption and its impact on

economic progress. The study shall find out the inter-connectivity of various stakeholders through

ensuring consumer rights in national and international arena.

Role of Mobile Court

It is interesting that 60% consumers comments that only Mobile Court can not ensure consumer

rights. So, the government must take recourse to the help of other institutions and mechanisms for

effective implementation of consumer rights.

Impact of Multiplicity of Laws

From the above table and chart, it is evident that 61% respondents blame multiplicity of laws as a

barrier o consumer rights. However 39 % thinks multiplicity of laws as positive to a consumer’s

right.

Functions of BSTI, Drug Council, Medical Council etc,.

It is found from this survey that 54% of the respondents consider that BSTI, Bar Council, Drug

Council, Medical Council etc. are not working in appropriate way to ensure consumer rights and

26% of them are not sure about the role of those organizations in ensuring consumer rights. So,

the effectively of those institutions must be increased for proper implementation of consumer

rights.

Access to Justice and judiciary

The survey result is disappointing as 52% of the consumers consider that the existing judiciary is

not favorable for ensuring justice to the justice seeker and 17% refrained from making any

comment on the issue. So, the judiciary must be pro active and work with free from any sorts of

biasness for ensuring consumer rights.

Conclusions

To conclude, it is really an important issue to promote and protect consumer rights for the greater

interest of human being. The above discussion given a clear concept that protection of consumer

rights is not only a legal issue rather it is essential to save humanity and promote ethical business.

Bangladesh may attract more investment and reduce corruption by ensuring consumer rights as it

is not an issue of purchasing quality products but also a right to receive quality services.

Economy of Bangladesh may not hamper by effective implementation of consumer rights rather it

shall have sustainable growth and people’s in general shall be benefitted. The growth of economy

therefore can be boost up by standard marks, ensuring intellectual property rights and providing

access to justice which is connected to our fundamental rights as well.