Urge to amend Consumer Rights Protection Act

In 1985, United Nations provides a guideline to protect consumer right for its member nations. After the long 23 years of such guideline, finally in 2009 the Government of Bangladesh enacted consumer right protection law. But it is the matter of regret, this law itself is not much consumer oriented.

Although the law defines consumer as buying any food or goods or enjoying any service but throughout the whole Act it only focuses consumption as the only medium to be a consumer. The Consumer Rights Protection Act, 2009 (CRPA) defines 'service' as transport, telecommunication, water supply, drainage, fuel, gas, electricity, construction, residential hotels, restaurant and health service, which is made available to users in exchange of price but does not include the rendering of service free of cost. This is a good provision but missed some common areas of service such as, banking, financing insurance, housing, entertainment, the purveying of news or other information etc. 

The CRPA remains silent regarding the false representation of goods or services, spurious goods and services, warranty or guarantee services. Even the Act does not define 'unfair trade practice'. A full and more specific definition of unfair trade practice is necessary to add in the current Act.

The CRPA provides, to sell or offer to sell any goods or service or medicine at a higher price than the fixed price that would be the act against the consumer right. However, there should have some provisions regarding bargaining price and authority to increase the price after offer to sell.

Furthermore, consumers need to know about the possible remedies after the closure of any promotional offer that the trader might have refused to provide promised gift or service or stop the offer without prior notice.

According to our present CRPA only the consumer can file a written complain to the director general of Directorate of National Consumer Rights Protection.  There should have a provision that will allow the registered consumer associations to file the complaint on behalf of any consumer irrespective of his/her membership in that association.

According to our present law after receipt of a complaint, the Director General may, by order, allow the complaint to be proceeded with or rejected. But in case of rejection there should have a provision of giving opportunity of being heard to the complaint. Moreover, there should be specific time limit within which complaint shall ordinarily be decided. Additionally, the time limit for filing complaint is only 30 days in the current law, it should be extended.

The Act should  insert the rule of ex parte on the basis of evidence brought by the complainant where opposite party omits or fails to take any action to represent his case within the time given by the Director general. At the same time if the complainant fails to appear on the date of hearing before the Director General, the director general may either dismiss the complaint for default or decided it on merit.

The punishment for the act against the consumer rights, which is maximum three years of imprisonment or as fine of fifty thousand to two lacs taka, is not sufficient and nothing left here to the consumer except 25 percent of fine as compensation.

Like in India the director general in Bangladesh should have the power to grant punitive damages and some other specific performances as required. In the law we should have the provision of issuing corrective advertisement to neutralize the effect of misleading advertisement at the cost of opposite party.

The writer is an Assistant Professor of Law, Bangladesh University of Business and Technology (BUBT).