Law

Introduction

Bangladesh is a small country with a huge population. Perhaps it is the country with
largest consumer comparing its small area. Though in many sectors Bangladesh
improves but it is matter of sorrow that after 40 year of independence consumer rights
are yet been introduced in a significant manner in Bangladesh. Though there is lot of
organization working for human rights in Bangladesh but no organization except
Consumer Association of Bangladesh (CAB) working for consumer rights. But consumer
rights are integral parts of human rights. As a student of law we know that consumer is
treated as king to marketer. In developed country we see that consumer is very much
honored.
But in Bangladesh we see that consumer is treated negligently. Consumer rights are
abused almost every sector in Bangladesh. I am writing some common scenario about
how the consumer rights are violated in our country.

Consumer:
Consumer is a person who is not directly involved in a trade, but receives goods and
services from a person who is occupied in the business. To keep the business profitable
and legal, 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. I have discussed in this chapter about the concept of
consumers and consumer protection.

Definition of consumer

A consumer or “Buyer” is defined as “one, who buys, uses, maintains and disposes of
products and/or services” and although, many may still be familiar with the doctrine of
“Let the Buyer Beware” this is no longer the case with the advent of Consumer
Protection law.
“Consumer” means any individual who in relation to a commercial practice is acting for
purposes which are outside his business.

Section-2 (19) of the Consumer Protection Act, 2009 in Bangladesh states the definition
of consumer.

“Consumer” means such type of person:
a)

Who except for the purpose of resale and commercial intention.

i)

ii)

Purchases or agrees to purchase any product by payment of a price.

Purchases or agrees to purchases by part payment of price.

iii)
Purchases with the promise of paying price in extended term or by
installments.

b) Who uses the product purchased under clause (a) with the consent of the
purchaser.

c) Who, after purchasing a product, uses it commercially for the purpose of making a
living self –employed.

d) Who,

i)
price.

Hires or receives otherwise any service by payment or promises to pay the

ii)
Hires or receives otherwise any service by part payment or promises to pay
partly the price.

iii)
Hires or receives otherwise any service by paying the price in an extended
term or by installments.

e) Who consumers the service received under clause (d) with the consent of the
service consumer.

Consumer protection and consumer law

It is now admitted that the law as it stands does not give sufficient protection to the
consumer. As a matter of fact, the term consumer is by origin an economic concept and
until quite recently, it was simply foreign to legal usage and conceptualization.
However, with the growing realization of the need for special legislation for the
protection of consumers and only consumers, it become important to give the term
‘consumer’ a fixed legal meaning.

Consumer protection consists of laws and organizations designed to ensure the rights
of consumers as well as fair trade 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.
Consumer protection laws are a form of government regulation which aims to protect
the rights of consumers. For example, a government may require businesses to disclose
detailed information about products—particularly in areas where safety or public health
is an issue, such as food. Consumer protection is linked to the idea of “consumer rights”
(that consumers have various rights as consumers), and to the formation of consumer
organizations, which help consumers make better choices in the marketplace and get
help with consumer.

Other organizations that promote consumer protection include government
organizations and self-regulating business organizations such as consumer protection
agencies and organizations, the Federal Trade Commission, ombudsmen, Better
Business Bureaus, etc.

A consumer is defined as someone who acquires goods or services for direct use or
ownership rather than for resale or use in production and manufacturing.

Consumer interests can also be protected by promoting competition in the markets
which directly and indirectly serve consumers, consistent with economic efficiency, but
this topic is treated in competition law.

What is Consumer Rights Law?

This legal area encompasses a large body of laws enacted by the government to protect
consumers by regulating many of the following business transactions and practices:
advertising, sales and business practices; product branding; mail fraud; sound banking
and truth in lending; quality produce and meats; housing material and other product
standards; and all manner of other types of consumer transactions. Some states also
regulate door-to-door sales, abusive collection practices and referral and promotional
sales.

Consumer protection law or consumer law is considered an area of law that regulates
private law relationships between individual consumers and the businesses that sell
those goods and services. Consumer protection covers a wide range of topics, including
but not necessarily limited to product liability, privacy rights, unfair business practices,
fraud, misrepresentation, and other consumer/business interactions.

Consumer protection laws deal with a wide range of issues including credit repair, debt
repair, product safety, service and sales contracts, bill collector regulation, pricing,
utility turnoffs, consolidation, personal loans that may lead to bankruptcy.

The Consumer Rights Protection Act, 2009

(Act No. 26 of 2009)

An Act to provide for the protection of the rights of consumers, prevention of anti~
consumer rights practices and for the purpose of making provisions for matters
connected therewith.

Whereas it is expedient and necessary to provide for the protection of the rights of
consumers, prevention of anti‐consumer rights practices and to make provisions for
matters connected therewith ;

It is hereby enacted as follows :‐

Chapter I

Preliminary

1. Short title and commencement. ‐ ( 1) This Act may be called the Consumer
Rights Protection Act, 2009.

(2) It shall come into force immediately.

2. Definitions.‐ In this Act, unless there is anything repugnant to the subject or
context ‐

(1) “directorate” means the Directorate of National Consumer Rights
Protection established under section 18 ;

(2) “complaint” means any allegation in writing made by a complainant to
the Director General against any trader for any anti‐consumer rights
practices under this Act ;

(3) “complainant” means the following person or persons, making any
complaint under this Act ‐

a) a consumer ;

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b) one or more consumers , where there are numerous consumers having
the same interest ;

c) any consumer association registered under any law for the time being in
force ;

d) National Consumer Rights Protection Council or any officer authorized to
file any complaint on its behalf ;

e) the Government or any Government officer authorized by the
Government in this behalf ; or

f)

concerned wholesaler and retailer ;

(4) “manufacturer” means a person, who ‐

(a) makes or manufactures any goods or part thereof ;

(b) does not make or manufacture any goods but lawfully assembles
parts thereof made or manufactured by others and claims the
goods so assembled as manufactured by him;

(c) lawfully puts or causes to be put his own trademark on any
goods made or manufactured by any other manufacturer and
claims such goods to be made or manufactured by him ; or

(d) where the goods are manufactured outside Bangladesh and the
manufacturer of the goods does not have any branch office or
business office in Bangladesh, a person who imports and
distributes such goods ;

Explanation : Where the local manufacturer assembles any goods or parts thereof to any
of its self‐controlled or self‐conducted branch office, such branch office shall not be
deemed to be the manufacturer even though the parts are assembled at such branch
office ;

(5) “medicine” means allopathic, homeopathic, unani and ayurvedic medicine or
any other medicine, used for preventing or curing of diseases of human beings,
fisheries and livestock ;

(6) “imprisonment” means rigorous or simple imprisonment ;

(7) “foodstuff” means any food including fruits and minerals for the livelihood ,
nutrition and preservation of health for human, fisheries and livestock ;

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(8) “laboratory” means any laboratory or organization, whatever the name is,
established by or under any law for the time being in force or recognized by the
Government ;

(9) “ fake” means making or manufacturing of similar goods without license
imitating the goods licensed for marketing by other and the property,
ingredients, elements or quality of the goods licensed either exist or not in such
fake goods ;

(10)“prescribed” means prescribed by Rules and until such Rules are made,
prescribed by written Order of the Director General ;

(11)“goods” means any movable commercial commodities which the buyer buys or
contracts to buy from any trader in exchange of money or price ;

(12)“Council” means the National Consumer Rights Protection Council established
under section 5 ;

(13)“Regulations” means any Regulations made under this Act ;

(14)“Code of Criminal Procedure” means the Code of Criminal Procedure, 1898 (Act No.
V of 1898);

(15)“Rules” means any Rules made under this Act ;

(16)“trader” means any manufacturer, maker and supplier of any goods and also
includes wholesaler and retailer ;

(17)“person” means a person, company, society, partnership firm, statutory or other
organization and also includes representatives thereof ;

(18)“adulteration” means adulteration defined in section 3(1) of the Pure Food
Ordinance, 1959 (Ordinance No. LXVIII of 1959) and mentioned in section 25C of the
Special Powers Act, 1974 (Act No. XIV of 1974) or any other Act ;

(19)“consumer” means any person ‐

(a) who without resale or commercial purpose ‐

(i) buys any goods for a consideration which has been paid or promised to
be paid ;

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(ii) buys any goods for a consideration which has been partly paid
and partly promised ;

(iii) buys any goods for a consideration under any system of deferred
payment or installment basis ;

(b) who uses any goods bought under clause (a) with the approval of the
buyer ;

(c) who buys any goods and uses it commercially for the purpose of earning
his livelihood by means of self‐employment ;

(d) who ‐

(i) hires or in any other manner avails of any service for a
consideration which has been paid or promised to be paid; or

(ii) hires or in any other manner avails of any service for a
consideration which has been partly paid and partly promised ;
or

(iii) hires or in any other manner avails of any service for a
consideration under any system of deferred payment or
installment basis ; or

(e) who enjoys any service under clause (d), with the approval of the person
who hires or avails it ;

(20)“anti‐ consumer rights practices” means ‐

(a) to sell or offer to sell any goods, medicine or service at a higher price
than the fixed price under any law for the time being in force ;

(b) to sell or offer to sell adulterated goods or medicine knowingly ;

(c) to sell or offer to sell any goods containing any ingredient which is
extremely injurious to human health and the mixing of which with any
food item is prohibited under any law for the time being in force ;

(d) to deceive consumers by untrue or false advertisement with the purpose
of selling any goods or service ;

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(e) not to sell or deliver properly any goods or services sold and promised in consideration
of money ;

(f) to sell or deliver less than the offered weight to the consumers while delivering or selling
any goods ;

(g) if the weight stone or any other weight measuring instrument used for measuring weight
in selling or delivering goods shows more than the actual weight ;

(h) to sell or deliver less than the offered amount while delivering or selling any goods ;

(i) if the length measuring gauge or anything else used for measuring
length in selling or delivering goods shows more than the actual length ;

(j) to make or manufacture any fake goods or medicine ;

(k) to sell or offer to sell goods or medicine the date of which has expired;

(l) to do an act which may endanger life or security of the consumer and
which is prohibited by any law for the time being in force ;

(21)“Director General” means the Director General of the Directorate of National
Consumer Rights Protection ; and

(22)
“service” means transport, telecommunication, water supply, drainage,
fuel, gas, electricity, construction, residential hotel and restaurant and health
services, which is made available to users in exchange of price but does not
include the rendering of services free of cost ;

3. This Act to be deemed as additional .‐ The provisions of this Act shall be in addition to,
and not in derogation of , the provisions of any other law apparently connected matters
for the time being in force.

4. Exemption from this Act. ‐ The government may, by notification in the official Gazette,
exempt any service or area from the application of this Act for a specific period of time.

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Chapter II
Establishment of Council, etc.

5. Establishment of Council. – For the purposes of this Act, there shall be a council to be known
as the National Consumer Rights Protection Council, which shall consist of the following
members, namely: ‐

(1) the Minister in charge of the Ministry of Commerce who shall also be its Chairman ;

(2) the Secretary of the Ministry of Commerce, ex officeo ;

(3) Director General of the National Security Intelligence, ex officio ;

(4) Director General of the Bangladesh Standard and Testing Institution, ex officio ;

(5) an officer from the Ministry of Industries, not below the rank of the Joint Secretary ;

(6) an officer from the Ministry of Agriculture, not below the rank of the Joint Secretary ;

(7) an officer from the Ministry of Fisheries and Livestock, not below the rank of the Joint
Secretary ;

(8) an officer from the Ministry of Food and Disaster Management, not below the rank of
the Joint Secretary ;

(9) an officer from the Ministry of Home, not below the rank of the Joint Secretary ;

(10)an officer from Energy and Mineral Resources Division , not below the rank of the Joint
Secretary ;

(11)an officer from the Ministry of Law, Justice and Parliamentary Affairs, not below the
rank of the Joint Secretary ;

(12)Chairperson of the National Women Organization, ex officio ;

(13)an officer of the rank of the Additional Inspector General of Police ;

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(14)President of the Federation of Bangladesh Chamber of Commerce and
Industries, ex officeo;

(15)President of the Association of Pharmaceutical Industries, ex officio ;

(16)President of the Consumers Association of Bangladesh, ex officio ;

(17)President of the National Press Club, ex officio ;

(18)Director of the Directorate of Drug Administration, ex officio ;

(19)Three eminent citizens nominated by the Government ;

(20)Not less than four members including two women members, nominated by the
Government, who are experienced in market economics, commerce, industries
and public administration ;

(21)One teacher representative nominated by the Government ;

(22)One labor representative nominated by the Government ;

(23)One Farmer representative nominated by the Government ; and

(24)Director General, who shall be the Secretary of this Council.

6. Duration of membership .‐ (1) Subject to the provision of sub section (2), the tenure of
any nominated member of the Council shall be for a period of two years and six
months from the date of nomination ;

(2) Notwithstanding the provision of sub section (1), the
nominating authority may at any time cancel any nomination
and nominate afresh any competent person.

7. Meeting of the Council.‐(1) Subject to other provisions of this section, the Council may
determine the procedure of its meeting.

2) Council shall meet at such time and place as the Chairman may think
fit.

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(3) There shall be held at least one meeting of the Council in every 2 (two) months.

(4) The Chairman shall preside over all meetings of the Council.

(5) In the absence of the Chairman, the Secretary of the Ministry of Commerce shall
preside over in the meeting.

(6) Not less than 10 (ten) members shall make the quorum for a meeting of the
Council.

(7) Decision shall be taken by majority vote of the members present in a meeting
and case of equality, the person presiding shall have power to cast a deciding
vote.

(8) No proceedings of the Council shall be void or called into question only because
of the vacancy in any membership or any defect in the establishment of the
Council.

8. Functions of the Council.‐ The functions of the Council are as follows ;‐

(a) to make policy on the protection of consumer rights for the purposes of this Act and give
directions to the Director General and the District Committee to implement the policy ;

(b) to make necessary Regulations for the purposes of this Act ;

(c) to consider and give opinion on any matter referred by the Government regarding the
protection of consumer rights ;

(d) to advise and cooperate with the government in formulating necessary laws and
administrative directions with an aim to protect and promote consumer rights ;

(e) to undertake necessary educational and promotional campaign to raise public awareness
regarding consumer rights ;

(f) to take necessary steps to raise public awareness regarding the usefulness of protecting
consumer rights and bad impact of anti‐consumer rights practices ;

(g) to conduct research on consumer rights ;

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(h) to observe and monitor the activities of the Directorate, Director General and District
Committees ;

(i) to take any necessary step to perform the aforesaid responsibilities and duties.

9. Fund of the Council.‐ (1) The Council shall have its own fund for performing its functions and
money collected from the following sources will be deposited to this fund, namely ;‐

(a) Donations from the Government ;

(b) Donations from any foreign Government, institution or international
organization with prior approval of the Government ;

(c) Donations from any local authority ;

(d) Profit derived from capital investment of the Council ; and

(e) Money collected from any other legal sources.

(2)The fund of the Council or part thereof may be invested on any sector approved by the
Government ;

(3)The money collected in the fund shall be deposited in the name of the Council in a scheduled
bank as approved by it ;

(4)The fund is to be maintained and its money is to be spent in the manner as prescribed by the
Regulations.

10. Establishment of the District Consumer Rights Protection Committees.‐

(1)For the purposes of this Act, in every district there shall be a District Committee
named as District Consumer Rights Protection Committee, consisting of the
following members, namely :-

(a) Deputy Commissioner, who shall be the Chairman of the District Consumer
Rights Protection Committee, ex officio ;

(b) Chairman of the District Chamber of Commerce and Industries , ex officio ;

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(c) One representative nominated by a Consumer Rights Organization recognized by the
Government ;

(d) Civil Surgeon, ex officio ;

(e) Superintendent of Police, ex officio ;

(f) One representative nominated by the Mayor of Municipality or City Corporation as the
case may be ;

(g) Four representatives nominated by the Government, who shall be experienced
respectively in market economics, commerce, industries and public administration ;

(h) One officer nominated by the Deputy Commissioner from his office, not below the rank
of an Assistant Commissioner, who shall also be its Secretary.

(2) The tenure of the nominated members of the District Committee shall be for a period of
two years and six months from the date of nomination :

Provided that, the nominating authority may, at any time, cancel any nomination and nominate
afresh any competent person.

11. Responsibilities and Functions of the District Committees.‐The responsibilities and
functions of a District Committee shall be as follows :‐

(a) to comply with the directions of the Council, if any, regarding consumer rights
protection ;

(b) to cooperate with the council in performing its functions for the purposes of this Act ;

(c) to create public awareness through arranging necessary promotions, meetings, seminars
and workshops regarding consumer rights protection ;

(d) to supervise and monitor the functions of the organizations which manufacture and sell
various goods for consumers, including the wholesale and retail business organizations ;

(e) to perform any other functions entrusted with the Council ; and

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(f) to execute any other acts consequential to the performance of the above mentioned
functions.

12. Meeting of the District Committee.‐(1)Subject to other provisions of this section, the
District Committee may determine the procedure of its meeting ;

(2) The District Committee shall meet at such time and place as the Chairman may think fit :

Provided that there shall be at least one meeting of the District Committee in every month ;

(3)The Chairman of the District Committee shall preside over all meetings of the
Committee ;

(4)Not less than 5 (five) members shall form quorum of the meeting of the Committee ;

(5) No proceedings of the District Committee shall be void or called into question only
because of vacancy in any membership or any defect in the formation of the
Committee.

13. Upazila Committee, Union Committee etc..‐(1) For the purposes of this Act, if necessary,
the Directorate may establish Upazila Consumer Rights Protection Committee in every
Upazila and Union Consumer Rights Protection Committee in every Union .

(2)Of every Upazila Committee and Union Committee under sub section (1) ‐

(a) the provisions relating to number of members, nomination of members,
qualifications, removal and resignation ; and

(b) responsibilities, functions and procedure of the meeting;

shall be determined by Regulations.

14. Fund of the District Committee, etc..‐(1) Each District Committee, Upazila Committee and Union
Committee shall have individual fund.

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(2) Maintenance of the fund of the District Committee, Upazila Committee
and Union Committee, expenditure from the fund and other related
issues shall be determined by Regulations.

(3) Costs of cases under this Act, laboratory tests including other necessary
expenses of the Committee shall be met from the fund of the District
Committee, Upazila Committee or Union Committee, as the case may
be, in accordance with the provisions of Regulations.

15. Budget.‐ The Council shall, in every year, within the time prescribed by the Government,
submit its budget for the next fiscal year to the Government in the form prescribed by
the Government and the budget must mention the amount of money that shall be
needed from the Government in that fiscal year by the Council including District
Committees, Upazila Committees and Union Committees.

16. Keeping Accounts and Audit.‐(1) The Council shall properly keep accounts of its
fund and prepare an annual statement of the accounts.

(2)The Comptroller and Auditor General of Bangladesh, hereinafter referred to as the Auditor
General, or any other person authorized by him for this purpose shall audit the fund of the
Council every year and submit one copy of his Audit Report to the Government and the Council.

(3)For conducting audit under sub section (2), the Auditor General or any other person
authorized by him for this purpose, may examine all records, deeds and documents, cash money
or fund kept in bank, security money, stock and any other properties of the Council and he may
also examine any member of the Council, Director General and any officer or employee of the
Council.

17. Annual Report: The Council shall submit an annual report to the Government within
30thJune of every year containing the details of its functions for the last one year ending on 31st
December and the Government shall, as soon as possible, take steps to place the report to the
Parliament.

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Chapter III

Directorate, Director General, etc.

18. Establishment of the Directorate, etc..‐(1) For the purposes of this Act, there shall be a
Directorate, which shall be known as the Directorate of National Consumer Rights Protection.

(2)The Government shall establish the Directorate of National Consumer Rights Protection by
notification in the official gazette.

(3)The Directorate shall cooperate with the Council in performing all its functions and shall be
responsible for the execution of the decisions of the Council.

19. Head office of the Directorate, etc..‐(1)The Head Office of the Directorate shall be situated
at Dhaka.

(2)The Government may, if it thinks necessary, establish District Office of the Directorate in any
district outside Dhaka.

20. Director General.‐(1) There shall be a Director General of the Directorate.

(2)The Director General shall be appointed by the Government and his terms and conditions of
employment shall be determined by the Government.

(3)The Director General shall be a full‐time officer of the Directorate and, according to the
provisions of this Act, shall be performing such functions and duties and exercising such powers
as per the directions of the Council.

(4) To facilitate the functions of the Director General, any person may request the Director
General through fax, email or any other means for taking necessary steps.

(5) In case of vacancy in the office of the Director General or if the Director General is
unable to perform his duties due to absence, illness or any other reason, a person
appointed by the Government shall temporarily perform the duties of the Director
General until a newly appointed Director General

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takes over the charges of the office or the Director General becomes able to resume his duties.

21. Power and Functions of Director General.‐ (1) The Director General may take all necessary
actions as he deems expedient and necessary for protection of consumer rights, prevent anti
consumer rights practice, disposal of the complaint against violation of consumer rights for the
purposes of this Act.

(2) In conformity with the provision of sub‐section (1) the Director General may take all or any of
the following action, such as:

(a) to collaborate with functions of any party or organization who is related to the object of
this act;

(b) to take necessary steps to prevent any apprehended act which may violate consumer
rights, to determine preventive measures and take necessary actions thereupon;

(c) to take necessary actions through inspection whether the standard quality of goods or
services by the trader is being maintained;

(d) to take necessary actions through inspection whether any fraud is committed in respect
of weight or quantity in selling or supplying goods;

(e) to take necessary actions through inspection whether any fake goods or medicine are
being manufactured and marketed and buyers are being deceived thereby;

(f) to take necessary actions through inspection whether any goods or medicine is being
adulterated;

(g) to take necessary actions through inspection whether the date of manufacture and
expiry of the goods or medicine and instruction are inscribed on the cover of such goods
or medicine under provision of any law for time being in force;

(h) to take necessary actions through inspection whether any expired goods or medicine
are being sold;

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(i) to take necessary actions through inspection whether any food item
that is hazardous for human life or health is being made, manufactured
or sold;

(j) to take necessary actions through inspection whether any goods are
being manufactured or processed in such a process injurious to human
life or health;

(k) to take necessary actions through inspection whether any medicine is
being made or manufactured anywhere without any valid license;

(l) to take necessary actions through inspection whether general
consumers are being deceived by false advertisement for selling goods
or service;

(m) to take necessary actions through inspection whether the life of
commuters are being put into risk by illegally running general public
transports such as minibus, bus, launch, steamer and train by unskilled
or unlicensed drivers; and

(n) to take necessary actions through inspection whether life or security of
service receivers are being jeopardized by violating any prohibition
imposed under any law for the time being in force.

(3) The Director General shall, by April 30 of each year, prepare a consolidated
report for the last 1 (one) year ending on December 31 of his own functions and
the functions of the districts, if any, and shall submit such report to the Council
for its approval.

22.Appointment of Officers and Employees.‐ For the purposes of proper functioning of the
Directorate, the Government may appoint as many officers and employees as required
and their terms of employment shall be determined by the rules.

23. Power of Enquiry of the Director General or any other officer.‐

(1) For enquiry of any offence under this Act, the Director General shall have the
same power of an officer‐in‐charge of a police station.

(2) The Government may, by notification in the official gazette, empower any
officer subordinate to the Director General with the same power of an
officer‐in‐charge of a police station to enquire into any offence under this Act.

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24.Power to issue warrant.‐(1) If the Director General or Any officer empowered by the
Government for this purpose has reason to believe that ‐

(a) any person has committed any offence under this Act; or

(b) any thing which is kept in any place or any person is in possession of any thing
relating to any offence under this Act or any document, paper or any other
things necessary to prove such offence;

then, after recording such reasons in writing, may issue warrant of arrest such person or to
search any place where such thing, documents, papers or other things related to offence are
kept.

(2) any person to whom the warrant issued under sub‐section (1) is sent for execution, he shall
have the same power of an officer mentioned in section 23.

25. Power of seizure or arrest in open place, etc..‐ If Any officer while performing any
investigation or inquiry under this Act, has reason to believe that in any open place or
any vehicle there are goods contrary to this Act, then he may, after recording the
reasons in writing, seize such goods after search and arrest the accused related to such
goods.

26. Procedure of search etc..‐ If there is nothing otherwise in this Act, the relevant
provisions of the Code of Criminal Procedure shall be applied in relation to all search,
seizure, warrant, arrest and detention under this Act.

27. Order of temporary shutdown of any shop, business enterprise, etc. for any
anti‐consumer rights practices.‐

(1) If it appears that in any shop, commercial enterprise, factory, workshop or godown any
anti‐consumer rights goods are being sold or manufactured or stored, the Director

General or any empowered officer of the Directorate may order temporary shutdown of
such shop, commercial enterprise, factory, workshop or godown.

(2) In case of failure of complying with the order passed under sub‐section (1), such shop,
commercial enterprise, factory, workshop or godown may, as immediate step, be shut
down on behalf of the Directorate under lock and key.

(3) After steps taken under sub‐section (1) and (2), the Directorate shall take the final
decision after conducting hearing, examination and investigation and on

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consideration of consumer rights and whether any anti consumer rights practice has been
committed in actual violation of any provision of this Act or not.

(4) If any service providing person or organization does any anti consumer rights practice in
violation of any provision of this Act, the Director General or any empowered officer of
the Directorate, may order temporary shutdown of the business of such person or
organization.

(5) In case of failure of complying with the order passed under sub‐section (4), such service
providing business may be shut down on behalf of the Directorate.

(6) After temporary shutdown of any service providing business under sub‐section

(4) and (5), the Directorate shall take the final decision after conducting hearing,
examination and investigation and on consideration of consumer rights and whether
any anti consumer rights practice has been committed in actual violation of any
provision of this Act or not.

28. Taking assistance from any law enforcing agency or any other authority.‐

The Director General or any officer so empowered by him may request assistance of any law
enforcing agency or any other public or statutory authority for enforcing powers or execution of
functions under this Act, and upon such request such agency or authority shall render such
assistance.

29. Prohibition on manufacturing, selling etc. of goods injurious to human health.‐
If any goods is proved to be particularly harmful to human health, the
Government, in consultation with the Director General, may, by notification in
the official gazette, direct that production, import, marketing, sale, display for
sale, distribution, transportation for commercial purpose or commercial use be
stopped completely or those activities can be conducted or managed according
to the terms and conditions of the notification .

30. Power of entry etc..‐(1) Subject to the provisions of this section the Director
General or any person generally or specially empowered for this purpose may,

at any reasonable time, with assistance as he may deem necessary, be entitled
to enter into any building or premise for the following purposes :~

(a) to perform any functions entrusted to him under this Act or Rules ;

(b) to inspect in pursuance of any notice, order or direction issued under
this Act or Rules ;

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(c) to examine and verify, in relation to any goods or service, any record,
register, document or any other important information related thereto ;

(d) to direct searches in such building or premise if he has reason to believe
that any offence had been committed in such building or premise in
contravention of any order or direction issued under this Act or Rules ;

(e) to seize any goods, ingredient, record, register, document etc. which
may be used as evidence in relation to any offence under this Act or
Rules.

(2) Any person related to sale or production of any goods or service shall be bound
to give all assistance to such person in the discharge of his responsibilities
authorized under this section.

31. Power to collect sample etc..‐(1)The Director General or any person empowered by him
in this behalf, may, for the purpose of examination, collect any goods or any ingredient
used in such goods from any shop, godown, factory, yard or premise .

(2)Subject to the provisions of sub section (3) or (4), as the case may be, the sample or the report
of the laboratory of such sample or both mentioned in above sub section of the sample collected
under this section, shall be admissible as evidence in the relevant proceedings.

(3) Subject to the provisions of sub section (4) the sample collecting officer under sub section (1)
shall –

(a) send notice to possessor or agent of such premise in the manner prescribed by Rules
about his intention of collecting such sample ;

(b) collect sample in presence of such possessor or agent ;

(c) put such sample in a container and then seal the same putting thereon his own signature
and signature of the possessor or his agent ;

(d) after preparation of a report on such sample, put his own signature and shall also take
signature of the possessor or agent thereon;

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(e) immediately send the such container to laboratory as designated by the Director General ;

(4) In a situation where sample is collected under sub section (1) and the collecting officer sends
notice under sub section (3)(a), if, in that case the possessor or the agent intentionally remains
absent at the time of collection of such sample or being present refuses to sign on sample or
report, then the collecting officer shall, in presence of two witnesses, confirm such sample by
putting his own signature and affix it with seal and shall, by mentioning the absence or refusal,
as the case may be, of the possessor or the agent, immediately send such sample to laboratory
as designated by the Director General for examination.

32. Subject of confiscation etc..‐ The goods, elements, machineries, tools, ingredients,
vessel, container, cover, which are related to an offence under this Act, shall be liable to
confiscation.

33. Procedure for confiscation.‐(1) In a departmental enquiry under this Act, if it is proved
that any goods is liable to confiscation under section 32, the enquiry officer may,
whether offence is proved against any person or not, order confiscation of such goods.

(2)In case any goods are detained which are liable to confiscation under section 32 but the
accused related to such goods is not found, the Director General or any officer empowered by
him for this purpose who shall be superior to the confiscating officer, may confiscate such goods
by order in writing.

(3)Notwithstanding anything contained in sub section (1) or (2), notice shall be served under the
prescribed rules giving opportunity to raise any objection against any such confiscation before
any order of confiscation is passed, and the person objecting shall be given reasonable
opportunity of hearing within the time mentioned in the notice which shall not be less than15
(fifteen) days from the date of service of such notice.

(4)Any person aggrieved by any order passed under sub section (2), may, within 30 (thirty) days
of such order ‐

(a) appeal to the Director General against any order passed by an officer subordinate to the
Director General; and

(b) appeal to the Government against any order passed by the Director General.

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(5) The judgment of the appellate authority, mentioned in sub section (4), shall be final and no
suit shall be filed against that in any court.

34. Disposal of decomposing goods.‐ Any goods seized under this Act which is perishable,
such as – fish, vegetables, etc. shall, without preserving it, be used, transferred,
destroyed or disposed of in the prescribed manner.

35. Disposal or distribution of confiscated and seized goods.‐ As soon as any goods which is
liable to confiscation under this Act is confiscated, it shall immediately be handed over
to Director General and the Director General may take steps for use, transfer or
destruction or disposal of such goods in the prescribed manner.

36. Direct detention and disposal of adulterated goods.‐ In any inquiry, investigation or
judicial proceeding it appears that any goods is clearly adulterated and unfit for human
consumption or injurious to human health and such allegation is admitted or not denied
by the contesting party, then such goods shall, after seizure, be used, transferred,
destroyed or disposed of in the prescribed manner.

Chapter IV
Offences, Punishment, etc.

37. Punishment for not using cover of goods etc.‐ Whoever violates any obligation under
any law for the time being in force to sell any goods in covered manner and to inscribe
on the cover weight, amount, ingredient, instructions for use, the maximum retail price,
date of manufacture, date of packaging and date of expiry of that goods, shall be
sentenced to imprisonment for a period not exceeding one year or fine not exceeding
Tk. fifty thousand or to both;

38. Punishment for not showing price list of goods.‐ Whoever, in violation of any obligation
under any law for the time being in force, does not display the price list of goods by
hanging it in a conspicuous place of his shop or organization, shall be sentenced to

imprisonment for a period not exceeding one year or fine not exceeding Tk. fifty
thousand or to both.

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39.Punishment for not preserving and showing price list of services.‐ Whoever, in violation
of any obligation under any law for the time being in force, does not preserve price list
of service of his shop or organization and shows it by hanging in relevant or conspicuous
place, shall be sentenced to imprisonment for a period not exceeding one year or fine
not exceeding Tk. fifty thousand or to both.

40. Punishment for selling goods, medicine or service at higher price than fixed.‐

Whoever sells or offers to sell any goods, medicine or service at a higher price than fixed under
any law for the time being in force, shall be sentenced to imprisonment for a period not
exceeding one year or fine not exceeding Tk. fifty thousand or to both.

41. Punishment for selling adulterated goods or medicine.‐ Whoever knowingly sells or
offers to sell any adulterated goods or medicine, shall be sentenced to imprisonment for
a period not exceeding three years or fine not exceeding Tk. two lacs or to both.

42. Punishment for mixing prohibited materials in foodstuff.‐Any ingredient which is
injurious to human life or health and the mixing of which with any food item is
prohibited by any law for the time being in force, whoever mixes any such ingredient
with food item shall be sentenced to imprisonment for a period not exceeding three
years or fine not exceeding Tk. two lacs or to both.

43. Punishment for manufacturing or processing goods in illegal process.‐ Whoever
manufactures or processes any goods in a process which is injurious to human life or
health and which is prohibited under any law for the time being in force , shall be
sentenced to imprisonment for a period not exceeding two years or fine not exceeding
Tk. two lacs or to both.

44. Punishment for deceiving buyers by false advertisement.‐Whoever deceives any buyer
by any false or untrue advertisement for the purpose of selling any goods or service,
shall be sentenced to imprisonment for a period not exceeding one year or fine not
exceeding Tk. two lacs or to both.

45. Punishment for not selling or delivering properly any goods or services sold and
promised.‐Whoever dose not sell or deliver properly any goods or services sold and
promised in consideration of money, shall be sentenced to imprisonment for a period
not exceeding one year or fine not exceeding Tk. fifty thousand or to both.

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46. Punishment for deceiving in weight.‐Whoever sells or supplies any goods to consumer
less than the offered weight, at the time of supplying or selling, he shall be sentenced to
imprisonment for not exceeding one year or fine not exceeding Tk. Fifty thousand or to
both.

47. Punishment for deceiving in weight stone or weight measuring instrument.‐ If any
weight stone or weight measuring instrument used for measuring weight for the purpose
of selling or delivering goods in any shop or commercial organization of any person,
shows more than the actual weight, he shall be sentenced to imprisonment for a period
not exceeding one year or fine not exceeding Tk. fifty thousand or to both.

48. Punishment for deceiving in measurement.‐Whoever sells or delivers any goods to the
consumer less than the offered measurement, at the time of delivering or selling, he
shall be sentenced to imprisonment for a period not exceeding one year or fine not
exceeding Tk. fifty thousand or to both.

49. Punishment for deceiving in measuring gauge or anything used for measuring length.‐
If any fraud is committed in measuring gauge or anything used for measuring length in
selling or delivering goods in any shop or commercial organization of any person, shall be
sentenced to imprisonment for a period not exceeding one year or fine not exceeding Tk.
fifty thousand or to both.

50. Punishment for making or manufacturing fake goods.‐Whoever makes or

manufactures fake goods shall be sentenced to imprisonment for a period not exceeding three
years or fine not exceeding Tk. two lacs or to both.

51. Punishment for selling any date expired goods or medicine.‐Whoever sells or offers to
sell any date expired goods or medicine shall be sentenced to imprisonment for a period
not exceeding one year or fine not exceeding Tk. fifty thousand or to both.

52. Punishment for doing any act detrimental to service receiver’s life or security.‐

Whoever, in violation of any prohibition under any law for the time being in force, does any act
which is detrimental to service receiver’s life or security, shall be sentenced to imprisonment for
a period not exceeding three years or fine not exceeding Tk. two lacs or to both.

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53. Punishment for damaging service receiver’s money, health or life etc. by
negligence.‐Any service provider who by its negligence, irresponsibility or carelessness
damages service receiver’s money, health or causes death, shall be sentenced to
imprisonment for a period not exceeding three years or fine not exceeding Tk. Two lacs
or to both.

54. Punishment for filing false or harassing cases.‐Whoever, with a motive to harass any
trader or service provider or to defame him publicly or to damage his business
reputation files any false or harassing case, shall be sentenced to imprisonment for a
period not exceeding three years or fine not exceeding Tk. Fifty thousand or to both.

55. Punishment for reoccurring offence.‐Whoever convicted of any offence mentioned in
this Act does the same offence again, shall be sentenced to twice the maximum
punishment provided for that offence.

56. Confiscation etc.‐ In addition to the sentences provided in the above sections of this
chapter, the court if thinks fit, may order to forfeit in the favor of state the illegal goods
or manufacturing ingredients related to offence.

Chapter V
Trial etc.

57. Trial.‐ (1) Offences under this Act shall be tried by Magistrate of the First Class or
Metropolitan Magistrate.

(2) Notwithstanding anything contained in the Code of Criminal Procedure , 1898 it shall be
lawful on the part of the Magistrate of the first class or Metropolitan Magistrate to impose fine
as provided in this Act.

58. Summary Trial.‐ Without prejudice to the provisions of section 57, the Court may, as the case
may be, in case of trial of offences under this Act, mutatis mutandis follow the summary
procedure prescribed in Chapter XXII of the Code of Criminal Procedure, 1898.

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59. Bail, Cognizable and Compoundable of offences.‐ All offences under this Act shall be
bailable, cognizable and compoundable.

60. Complaint.‐ No complaint shall be accepted if such complaint is not made by any person
to the Director General or any empowered officer of the Directorate within

30 (thirty) days of arising the cause of action of any anti‐consumer rights practices under
this Act.

61. Limitation.‐Notwithstanding anything contained in the Limitation Act, 1908 (Act of IX of
1908), the Magistrate shall not take cognizance of any offence if charge sheet is not
submitted within 90 (ninety) days of complaint made under section 60.

62. Examination of defect of goods.‐ (1) In determining the truth of a complaint about any
defect of any goods, if the Magistrate deems that it cannot be so determined without a
proper analysis or examination of that goods, he may‐

(a) collect a sample of that goods from the complainant and attest that
sample with seal in prevailing process/manner; and

(b) send that goods, sealed under clause (a), to appropriate laboratory with
necessary orders to examine the presence of the defect raised or any
other defect.

(2) The examination report about any goods, sent to any laboratory for examination
under sub section (1), shall be presented to such Magistrate Court within 2(two)
months from such sending date :

Provided that such time may be extended on the requirement of the laboratory.

(3) Magistrate shall order the complainant to deposit the specified money or fees for
examining the complaint made against any goods before sending any sample of that
goods to laboratory.

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63. Power of Magistrate.‐Magistrate may, upon a person convicted, impose any sentence
provided by this Act in a trial held under this chapter.

64. Prohibition on Second Trial.‐ Any person, convicted or acquitted in a trial according to
the provisions of this Act for an offence punishable under this Act, shall not be tried
again for the same offence under any other law.

65. Appeal.‐ Any party aggrieved by any judgment or order passed by the Magistrate, may
prefer an appeal to the Sessions Judge of local jurisdiction within 60 (sixty) days of that
judgment or order.

Chapter VI

Civil Proceedings and Remedies

66. Civil Remedies.‐ (1) Nothing shall debar any aggrieved consumer, in appropriate cases, to file
a civil suit in a Civil Court for civil remedies against a person who has been convicted of a criminal
offence for violating consumer rights or for initiation of any criminal proceedings against him for
violating such consumer rights.

(2) The competent Civil Court shall mean the Court of Joint District Judge of local jurisdiction
under this Act.

(3) A consumer, being affected by any anti‐consumer rights practices by any trader and if
such damage is measurable in terms of money, may file a civil suit claiming
compensation not exceeding five times of that measured damage.

(4) The court, after considering plaint, written statement, evidences and other
circumstances, may allow compensation not exceeding five times of the actual damage
as the court may think fit, proper and just.

(5) Notwithstanding anything in the Code of Civil procedure, 1908, the Contract Act, 1872
and the Civil Courts Act, 1887, the provisions of this sections shall apply.

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67. Powers of Civil Court.‐ The Civil Court may allow all or any of the following remedies,
such as‐

(a) ordering defendant to replace the defective goods by appropriate goods.

(b) Ordering defendant to take back the defective goods and pay back the price to
the buyer.

(c) Ordering defendant to give compensations, which has been assessed in terms of
money and not exceeding five times of the proved damage, and to pay cost of
the suit.

68. Civil Appeal.‐ Notwithstanding anything in the Code of Civil Procedure, 1908 and the
Civil Courts Act, 1887, an appeal may be made only to the High Court Division within 90
days of the judgment or decree passed by the Court under section 67.

Chapter VII

Miscellaneous

69. Power of District Magistrate under this Act.‐ (1) Any District Magistrate within the local
limit of his jurisdiction shall have same powers and functions which the Director General
has under this Act and such District Magistrate may exercise such powers and perform
such duties without any prior approval of Director General.

(2) District Magistrate may delegate his powers to any subordinate Executive
Magistrate under such conditions as may be determined by him.

(3) District Magistrate or Executive Magistrate, as the case may be, shall
immediately inform the Director General, in writing, about any actions taken
under this section.

70. Administrative Actions to be taken by Directorate.‐ (1) To prevent any anti‐ consumer
rights practices or to take any action against any anti‐consumer rights offences under
this Act, if the Director General or any empowered officer of the Directorate, in spite of
commission of any offence under chapter IV of this Act, deems expedient, may take
administrative actions of imposing only fine or cancellation of trade license or
suspending commercial functions, permanently or temporarily, without imposing any
sentence and taking any action to file criminal proceeding.

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(2)No fine, more than the maximum fine specified in this Act, shall be imposed in case of
administrative actions taken under sub section (1).

(3)Imprisonment shall not be imposed for non‐payment of fines imposed under
administrative actions under sub section (1) and (2).

(4)Any fine imposed under this section shall be paid by the person convicted voluntarily
within 5 (five) working days.

(5) If the fine impose is not paid voluntary by the person convicted under sub section (4), the
sentencing authority may realize that sum in accordance with the procedure prescribed
in clause (a) of sub section (1) of section 386 of the Code of

Criminal Procedure by attachment and sale including 25 percent additional sum as cost.

71. Limitation on Criminal Proceeding.‐(1) No criminal case shall be directly filed in the
Court of first class Magistrate or Metropolitan Magistrate against any person on
accusation of any anti‐consumer rights practices under this Act.

(2) Every complaint by a consumer or a complainant shall be filed to the Director
General or any officer empowered by him or District Magistrate or any Executive
Magistrate empowered by District Magistrate.

72. Special provision on medicine.‐ (1) Although the Director General has the power

and responsibility to discover any adulteration or faking of medicine by investigation, but no
judicial proceeding on adulterated or fake medicine shall be initiated or no case shall be filed in
the Magistrate Court under this Act .

(2)Cases shall be filed under section 25C of the Special Powers Act, 1974 (Act No. XIV of 1974) for
offences specified in sub section (1).

73. Inspection of private health care service.‐(1) Director General shall have the power to
inspect and discover defects in private healthcare service.

(2) Director General, under sub section (1), shall not take any remedial measures on the defects
discovered in private health care services, but he would inform the matter to the Secretary,
Ministry of Health and Director General, Department of Health.

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74. Informing superior officer about arrest or seizure.‐ If any person is arrested or any
goods is seized under this Act, the arresting or seizing officer shall immediately inform
his superior officer by a report in writing and send a copy thereof to Director General.

75. Method to be followed for offences under any other law.‐ Notwithstanding anything
contained in any other law for the time being in force, if any offence under this Act (e.g.
adulteration, fake etc.) bears a higher sentence as a special punishable offence under
any special law, then there shall be no legal bar to try that offence under this Act
considering such offence as anti‐consumer rights practices :

Provided that in consideration of the nature and gravity of the respective offence, if the
Directorate is of opinion that it shall be expedient to be tried and sentenced on that offence in
the respective special tribunal, the Directorate shall, for effective trial of such offence, take
necessary steps to file case in such special tribunal instead of filing case in Magistrate court..

76. Complaint and complainant’s share in fine.‐(1) Any person, who, is generally a consumer or
may be a consumer, may make a written complaint to the Director General or any person
empowered by the Director General against any anti‐consumer rights practices under this Act.

(2) The authority upon receiving a complaint under sub section (1), shall immediately
investigate or enquire into such complaint.

(3) If such complaint is proved to be true after enquiry, the Director General or any officer
empowered by him may, in his administrative action, impose fine upon the guilty person.

(4) If the fine imposed under sub section (3) is realized, 25% of such realized fine shall
immediately be paid to the complainant mentioned in sub section (1):

Provided that if the complainant is an officer or an employee of the Directorate, he shall not be
entitled to receive such 25% mentioned in this sub‐section..

(5) If any regular criminal case is filed in a court or special tribunal under this section and if the
accused is sentenced to fine upon found guilty and the fine

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is realized, the 25% of the realized fine shall be paid to the complainant mentioned in sub section
(1) :

Provided that if the complainant is an officer or an employee of the Directorate, he shall not be
entitled to receive the 25% mentioned in this sub section.

(6) Any person, for the purpose of this section, may make complaint by examining
the matter of adulteration or faking of goods in a public or private laboratory at
his own initiative.

77. Acts done in Good Faith.‐ If any person is affected or if there is possibility to be affected
by any act done in good faith under this Act or any Rules, no case, civil or criminal, can be
filed or no legal proceeding can be taken for that against the Government, the Council,
any member of Council, the Directorate, any officer or employee of the Directorate.

78. Indemnity.‐ (1) No steps shall be taken for imposing any sentence against any trader by
accusing him of any offence under this Act, if such trader has no involvement within his
knowledge with any act violating any provision of this Act.

(2) In case an adulterated or defective goods is sold from a shop, no criminal or
administrative action or proceeding shall be taken against the owner or the
director of such shop, if such goods is manufactured from a legal or licensed
workshop, factory or organization and he has no relation to such workshop,
factory or organization or with making or manufacturing process of that goods.

(3) No person shall be liable under this Act if such person, to earn his livelihood,
buys and sells goods as hawker or peddler and such goods are adulterated, fake
or has any other defects and for such consumer rights are affected unless it is
comprehensible beyond reasonable doubt that he with motive to illegally gain
profit, intentionally or knowingly or in collusion, buys that goods to sell to buyer.

(4) If any quick perishable goods, such as fish or vegetable, are found in naturally
perished manner from any hawker or peddler or any shop, no criminal

proceeding or administrative action shall be taken against such hawker, peddler
or shop keeper accusing as such, unless it is easily

comprehensible that he kept such goods for selling or tried to sell such goods knowing well that
such goods has perished.

(5) Any person indemnified under this section shall, upon order or request by
authority, be bound to help such authority to discover source of fake or
adulteration .

79. Delegation of Power.‐ The Director General, where necessary, subject to the conditions
determined by Council, may delegate, in writing, any of his powers or responsibilities
under this Act to any officer or employee of the Directorate.

80. Power to make rules.‐ For the purpose of this Act, the Government may make Rules by
notification in the official gazette.

81. Power to make regulations.‐ For the purpose of this Act, the Council may, with prior
permission of the Government and by notification in the official gazette, make
Regulations.

82. Publication of a translation in English text, etc.‐ (1) The main text of this Act shall be in
Bengali and the Government may, if it thinks necessary, shall publish an authentic
translation of the main text in English.

(2) In the event of conflict between the Bengali and English text, the Bengali text
shall prevail.

Aspects of consumer protection

There are three aspects of consumer rights protection, which every country must consider.

First, the aspect of ‘voluntary protection’ which means that consumer’s themselves would voluntarily
set up associations and/or organizations to safeguard their own rights and interests. These
associations/organizations generally work as pressure groups on the government for consumer rights
issues. In Bangladesh, the Consumers’ Association of Bangladesh (CAB) was established in 1978.

Second, the aspect of ‘institutional protection’. By establishing national institutions to safeguard and
promote consumer rights of citizens this aspect of consumers’ protection can be ensured. For example,
in 1914 the Federal Trade Commission
Third, the aspect of ‘statutory protection’, which can be guaranteed by enacting relevant laws for
protecting the rights and interests of the consumers. Many countries of the world, including those in
Asia, have already enacted comprehensive laws in this regard. For example, the Consumer Protection
Fundamental Act 1968 in Japan, However, Bangladesh is yet to enact such a comprehensive Consumers
Protection Act.

How is a consumer protected

To protect consumer rights, the best possible solution is that the consumers must be aware of their
rights, work together with consumer organizations, assert against exploitation and seek redress for their
grievances. A kind of self-vaccinating culture has to be developed to produce the best harvest from the
Consumer Rights Protection Act (CRPA),

In our country, consumer awareness is low due to the apathy and lack of education among the masses.
The efforts to educate them about their rights, quality concerns, price mechanisms, access to justice etc
are limited due to varied reasons. The producers of goods and services providers are reluctant to give
due consideration to the interest of consumers.

Why consumer protection is necessary (Advantage)

• The people who dominate the market or run businesses are always in a more advantageous position
than the Customers. The customers are often put into a disadvantaged and unequal bargaining
situation. Therefore, consumers need to be protected.

• Honesty should govern competitive business enterprises and the maxim ‘buyer be aware’ should not
be relied upon to reward fraudulent and deceptive businesses.

• The concept of consumer rights cannot be separated from the human rights perspective.

• Consumer rights are regarded as a facet of ‘social justice’.

• Ralph Nader, pioneer of the American consumer movement said, ‘consumers are the vital force of the
economy’.

“EIGHT LEGITIMATE RIGHTS OF THE CONSUMERS”

1. Right to Satisfaction of Basic needs: Fundamental right according to the Constitution of Bangladesh to
have access to food, clothing, education, healthcare, shelter.

2. Right to Safety: protection from hazardous and unsafe products and services.

3. Right to Information: information about the quality, quantity, potency, purity, standard and price of
products and services.

4. Right to Choose: Availability of selection of goods and services from their varieties to justify the
quality, cost, preference.

5. Right to be Heard: raise unhappiness against consumer malpractice; or right to be represented by
consumer organizations.

6. Right to Redress: This is the crux of consumer rights. The consumer is entitled to have legal remedy,
either monetary or exchange, in case of violation of consumer rights.

7. Right to Consumer Education: to have access to programs and information that helps the consumer to
make a better and informed buying decision.

8. Right to Healthy Environment: to live and work in an environment that does not affect consumers’
welfare and health.

Current status of legal protection to consumers in Bangladesh

It has already been mentioned that the current system of legal protection to the consumers in
Bangladesh is inadequate and outdated. Further whatever little laws are available; they are not strictly
enforced for the protection of the rights of the general consumers. The consumers in Bangladesh are
thus deprived of their rights at every sphere of their lives.

The Constitution of Bangladesh, under its ‘fundamental principles of state policy’ part, recognizes the
rights of consumers to a limited extent. The provisions of consumer protection can be found at Articles
15 and 18 of the Constitution. However, these provisions are mainly focused on the vital issues of
‘health’ and ‘food’ than on other consumer rights. Moreover, they said provisions are mentioned under
the ‘fundamental principles of state policy’ part and not under the ‘fundamental rights’ part of the
Constitution. Hence, they remain mostly non-enforceable in the courts of law.

Further, there are certain legislations, part of which has got direct bearings on consumer protection. For
example, sections 264-267, 272-276, 478-483 of the Bangladesh Penal Code 1860, the Poison Act 1919,
the Dangerous Drug Act 1930, the Trade Mark Act 1940, the Animals Slaughter (Restriction) and Meat
Act 1957, the Special Powers Act 1974, the Standards of Weights and Measures Ordinance 1982, the
Bangladesh Standards and Testing Institute Ordinance 1985, the Narcotics (Control) Act 1990, and the
Safe Blood Transfusion Act 2002, etc.

(a) The current laws are faulty and do not meet the present needs;

(b) Under the existing legal regime, the aggrieved consumers themselves cannot go to the court to sue
against the violators. It is only the designated government officials empowered under these laws, who
can initiate and sue against the violators.

(c) The provisions of penalty or punishment under the current laws are so negligible that nobody cares
to abide by such laws; and

(d) Finally, the laws are not effectively enforced.

An overview of the Bangladeshi Laws on the promotion and Protection of consumer rights

The general protection of the consumers may be derived from principles enunciated in Articles- 15x and
18xi of the Constitution. This Articles, though non-justifiable in its nature, indicates the importance
attributed to the nutritional status of the people and basic principles and measures for protecting
consumers from products, processes and services, which can endanger their health and safety. This
constitutional safeguard has been strengthened through promulgation of related laws and regulations
so that consumption is proper and appropriate.

Moreover, in the Constitution of Bangladesh some justifiable fundamental rights are incorporated
which are connected with the rights of the consumers. As for examples, Article 32 provides that no
person shall be deprived of life save in accordance with law; Article 38 provides that every citizen shall
have the right to form associations or unions, subject to any reasonable restrictions imposed by law in

the interests of morality or public order; Article 40 provides that subject to any restrictions imposed by
law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct
any lawful trade or business. These fundamental rights interalia are enforceable by the Supreme Court
of Bangladesh in accordance with Article 102 read with Article 44 of the Constitution.

The Consumer Rights Protection Act, 2009 provided both civil and criminal remedies. A consumer is
entitled to lodge complain to the Consumer Rights Protection Department for any violation of the Act.
The DC‟s of different districts can exercise the same power as given to the department. A consumer
although barred from filing a direct complains to the police station under the Consumer Rights
Protection Act, 2009 can file a case to the Police station under other Laws.

The Bangladeshi laws provides for the establishments of different organizations 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 etc.

Major Finding of the study

The major finding of the study is known more and more about the consumer rights in Bangladesh and
which consumer’s rights are violated in Bangladesh. That is verifying important for me as a law student. I
also learn about the definitions of consumer rights and other important which is related with this topic. I
also fined the various laws of the consumer’s rights in Bangladesh and it has many drawbacks. That is
lack of enforcement and the laws are not sufficient for protect the consumer’s rights. The lack of
education and lack of Security for consumer is the main problem and also the consequence for
consumer’s rights. We also find this topic about the various concept of consumer’s rights and sources of
law, its elements. I also recommended some significant steps for the problem of my research topic.

Thus, we may conclude that 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.). In short, consumer protection law
is designed to protect citizens/consumers against injuries though to occur in unregulated markets.

Suggestions

The suggestion of my legal research is how to increase the consumer’s rights and how to protect the
consumer’s rights in Bangladesh. That’s discussed in the research now here stated the key point there as
follows. This enumeration of the types of action needed to promote consumers interests provides an
accurate indication of the fields in which consumer law should come to play, foremost among which are:

1. Protection against risks of physical injury to persons or property and against useless products.

2. Protection against improper marketing measures and inadequate information.

3. Protection against one-sided contract terms and risks of economic damage,

4. Provision of effective and impulsive dispute resolution procedures for the consumer.

5. Monitoring of the mechanism whereby prices and rates are fixed on the consumer goods and services
market,

6. Surveillance of practices or agreements jeopardizing the competitive structure of a market sector,

7. Planning of a consumer education programmed.

Consumer rights gained importance in the world, particularly in western countries in the last country.
Subsequently it gained some ground in the developing countries as well. Almost all the countries now
have consumer protection laws. The rights of consumers got international recognition when in 1985 the
UN adopted the basic guidelines for consumer rights protection. The guidelines stipulate that ‘all
citizens, regardless of their incomes or social standing, have basic rights as consumers.

Conclusions

In conclusion, the naive consumers of Bangladesh are in critical need of having the fortification of broad
consumer protection legislation. So, the government of Bangladesh is required to enact a widespread
Consumer Protection Act as quickly as possible and advance strictly ensures the efficient execution of
such legislation. We should always remember that an efficient consumer protection legislation of a
inhabitants not only protects and promotes the privileges and happiness of its consumers, but it also
enhance definite socio-economic targets of its macro economy, such as scarcity alleviation, competent,
fair and translucent market method, good governance and beyond all, socio-economic impartiality for
its citizens. Many declare as, our current law is old-fashioned, not capable to look after the consumers,
defective and doesn’t meet the current necessities. Therefore, endorsement of new law is a must. Yet,
one may query, how far the endorsement of new law will in some real sense explain the current
consumer hitch? If the already obtainable law is not completely imposed then how come we can look
forward that the new law will protect our customers and their privileges properly improved than today.

Bibliography

Ahamuduzzaman et al, “Consumer Protection Law”, Books 4 U, July, 2009,Ch-Four, pp-123-124, passim

Ulf Bernitz and John Draper.Consumer protection in Sweden.Legislation, Institutions and Practice.
Stockholm. 1986, p. 11

M. HumayunKabirChowdhury, et al, Consumer Perceived Value Formation in Bangladesh: A latent
Structure Approach, ASA University Review, vol.1, Issue No.01, pp-1-4, passim;

G. Borrie and A. L. Diamond. The Consumer, Society and the Law. New York, 1983, p.9

The High Court Division in a recent judgement ordered all the medical service providers to pay the VAT
by themselves not to charge the consumers;

MizanurRahman, ‘Consumer Protection in Bangladesh: Law and Practice’ (1994) 17(3) Journal of
Consumer Policy 349.

Stern.Consumer Protection via increased information. In: D. Aaaker and G. Day. Consumerism : Search
for the consumer interest. Brussels Seminar, Nov. 1977.

The Protection of Consumer Rights Act, 2009.Published by the Government on April 06, 2009.

Constitution of Bangladesh, the ministry of law, published by the parliament.

Mr. L. Kabir, the Penal Code, 1860. Ainprokashani, Dhaka, 2009.