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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 business 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.
Objective of research
I have observed the objects for my research as under the following:-
Ø To clarity the concept of consumer and consumer protection.
Ø To indentify the legal problems related the protection of consumer rights.
Ø To evaluate the measure for enforcement of consumer rights.
Research methodologies
To collect the information and data have been used both sources. Primary source
includes face to face interview with consumers and secondary source consists such as
journals, brochures and web-side also.
Sources and Materials
These information and data have collected from both sources, primary and secondary
sources.
As a primary source, we have taken an interview with some consumer.
And secondary source are internet, books, journals, newspaper, constitution, the
protection of consumer rights Act, 2009. Standers of Weight and measurement
ordinance, 1980. Sale and Goods Act, 1930. Role of Consumer Association of
Bangladesh (CAB).
Scope and Limitation
It is now generally accepted that consumer policy and consumer protection are
concepts closely interlinked. The scope and limitation of consumer protection are quite
vast and engulfs even newer interests and aspects. The consumer rights protection act,
2009 states in section 2(20) some “acts against consumer rights” that means:
Ø Selling or offering to sale at a price higher than the price prescribed by any law or
rule, any product, medicine or service.
Ø Knowingly selling or offering to sale any adulterer product or medicine.
Ø Deceiving people in general by false and untrue advertisement with the purpose of
selling and product or service.
Ø Not to sell or supply property the product or service as promised in exchange price.
Ø To use any false weight or false measure of length or capacity as excessive weight or
measure from what it is at time of sell or supply of any product in any business institute.
Ø To give fewer products at time of sell or supply as it was promised.
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.
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.
In the opinion of Professor Ulf Bernitz, leading Scandinavian expert on consumer law,
the most sophisticated of the term ‘Consumer’ at present to be found in the Consumer
Sales Act of 1973.[1] This Act renewed in 1991, is applicable “Where a consumer buys
from merchant goods in the course of the merchant’s professional activities.” This
definition is also applicable to consumer services where they are intended mainly for
private purposes rather than private use.
In the UK, the Consumer Protection from Unfair Trading Regulation 2008 states that
“commercial practice” means any act, omission, course of conduct, representation or
commercial communication (including advertising and marketing) by a trader, which is
directly connected with the promotion, sale or supply of a product to or from consumers,
whether occurring before, during or after a commercial transaction (if any) in relation to
a product.
“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:
Who except for the purpose of resale and commercial intention.
Purchases or agrees to purchase any product by payment of a price.
Purchases or agrees to purchases by part payment of price.
Purchases with the promise of paying price in extended term or by installments.
Who uses the product purchased under clause (a) with the consent of the purchaser.
Who, after purchasing a product, uses it commercially for the purpose of making a
living self –employed.
Who,
Hires or receives otherwise any service by payment or promises to pay the price.
Hires or receives otherwise any service by part payment or promises to pay partly
the price.
Hires or receives otherwise any service by paying the price in an extended term or
by installments.
Who consumers the service received under clause (d) with the consent of the
service consumer.
Who is a consumer?
A consumer is anyone ranging from the cradle (a baby) tothe tomb (till the person
dies); from the Prime Minister of a country to the labourer on the street. In simple
words, the persons who uses or consumes products or services are consumers. In
the eyes of law, a person is required to fulfill certain conditions to be regarded as a
consumer. Consumers are those persons who, for oneself or for the dependants,
buy or use or obtain a permission to use any products or service by offering a price,
prompt or due or in installments. In addition, any person using such products with
the consent of the buyer will also be treated as a consumer. But if someone buys
something for the purpose of resale or for any other commercial purposes, he or she
shall not be a consumer as such. Personal consumpion is the main test for defining
oneself as a consumer. Under CRPA 2009, a person who buys goods to earn a
livelihood by ‘self-employment’ (though in a commercial scale) also falls within the
definition of a consumer.
Although it may be difficult for a seller to decide whether a purchaser is a consumer
or not it depends on the purchaser’s intention in buying the goods for him. It is said
that consumer protection is the achieved or intended result of consumer policy.
Consumer protection:
a concept that are designed to ensure fair competition and the free flow of truthful
information in the marketplace
Government - enacting & enforcement of laws
Non government – consumer activism
“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.
“RESPONSIBILITIES OF THE CONSUMER”
• Use the product safely, following all safety instructions and remaining alert for future
precautions.
• Choose vigilantly at a fair price.
• Make the effort to seek compensation for a wrong.
• Make choices that minimize the environmental impact of your purchase on others.
• Consume in a sustainable manner, so as not to preventothers from meeting their own
needs.
Objectives of consumer protection
 To protect the consumer from abuse
 To provide a venue for grievance /redress
 To ensure a better quality of living by improving the quality of consumer products
& services
OVERVIEW
The Consumer Right Protection Act (later termed as CRPA), 2009 of Bangladesh was
passed by the Parliament and obtained assents of the President on 5th April, 2009 and
shall come into force at once [sec-1(2)].The Act provides for the protection of consumer
rights and for prevention of acts against consumer right and interest and other relevant
issues. The Consumer Protection Act 2009 is organized into 7 chapters and a total of 82
sections. The Act mainly deals with the obligations of "economic operators" and product
safety. It enjoins state organs to punish the offenses of economic operators who violate
consumer rights and interests. It provides for various actions to be taken by the
respective ministries against the production of products or services that are likely to
induce grave or imminent dangers. The Act also sets out comprehensive procedures to
be followed by inspection agents to ensure the quality and safety of products (goods
and services). It also allows for the establishment of a specialized institution to be in
charge of fraud repression and inspections of imported and exported goods. (Chapter 1)
deals with definition such as complainant, consumer, medicine, punishment, Food
product, council, Rules etc and it deals with the establishment of council (chapter 2).
Department and Director General (chapter 3), offence and punishment (chapter 4), trial
(chapter 5), civil proceedings and remedies (chapter 6) and miscellaneous (chapter 7).
In section 2(20) - it states some name of activities which is against consumer's rights
such as- to sale at a higher price, to sale any adulterer medicine or product, to sell any
product which has mixture of any product, deceiving people by false or untrue
advertisements, not to supply goods properly in exchange of price, to make counterfeit
products, to sale date expired products and so on.
In section 2(22) - it provides for a definition of services.
In section 5- it is said that "The Consumer Right Protection Council" shall be
established and it consists of 29 members. The Tenure of membership, Meeting and
Function of the council shall be enacted.
In section 10- it provides about the Establishment of District Committee for the
Protection of Consumer Right.
In chapter 3- Sections from (18-36) deal with Establishment of a Department, Director
General and Powers and functions of the Director General and so on.
In chapter 4- Sections from (37-56) deal with punishment for the various acts against
consumer's rights and interests and violation of the provisions of this act.
In chapter 5- Sections from (57-65) deal with the trial.
In chapter 6- Sections from (66-68) deal with the civil proceedings and remedy.
In chapter 7- Section from (68-82) deal with the miscellaneous. Chapter 7 also deals
with different types of miscellaneous provisions such as- power of District Magistrate
(sec-69), Administrative action taken by Department (sec-70), monitoring private health
and medicine service (sec-73) etc. Under this chapter some exemption are also allowed
for some offenses.
IMPORTANT ASPECTS OF THE CONSUMER RIGHTS PROTECTION ACT, 2009:
i. Liability of seller to third party
Under this Act, the seller or the service provider will be liable not only to the purchaser
but also, to those persons who again buy or use the products with the consent of the
former buyer. Since the definition of consumer covers such person, it means that the
seller is liable to a third party.
ii. Establishment of the Council (parishad)
Under the Consumer Rights Protection Act, 2009, there are Councils at two levels:
a. National level (National Consumer Rights Protection Council)
b. District level (District Consumer Rights Protection Committee) The National
Consumer Rights Protection Council may, for purpose of preservation and protection of
consumer rights, make appropriate regulations, undertake research, create awareness,
and advise the government on policy relating to consumer protection, as well as monitor
the activities of the Directorate of Consumer Protection. On the other hand, the District
Committees are to implement the rules and regulations adopted by the National
Council.
iii. Establishment of Directorate on Consumer Rights
Under the Consumer Rights Protection Act, 2009, a Directorate of consumer rights is
established in Dhaka. In fact, the principal responsibility to implement this Act rests on
this Directorate. The Directorate is headed by a Director General (DG) and to assist
him, there will be such staffs as may be necessary. A person may submit complaint of
any activity violating consumer rights to the DG or any person authorized by him. To
make a complaint to Magistrate or to file a criminal case requires the permission of the
DG or of person authorized by him on this behalf. The DG holds power to investigate, to
search or to issue summons and warrant. Besides this, he may also issue directives to
close any shop or business enterprise engaged in activities that violate consumer rights.
iv. Filing of Complaint
Under the CRPA 2009, no person can file a complaint directly at the Magistrate’s court.
A person can file a complaint based on the anti-consumer activities to the Director
General of the National Consumer Rights Protection Directorate or any other person
authorized by him within 30 days of the complained cause of action. Then, within 90
days of the complaint received, the charge has to be filed to the Magistrate court with
the approval of the DG.
v. Concurrent Remedy
Apart from filing a criminal case with the Magistrate court, civil remedy can be sought at
the civil courts. The civil court is endowed with the jurisdiction to grant proper
compensation which would not go beyond the fivefold amount of the actual damage.
vi. Act not in derogation of any other law
The provisions of the CRPA shall be in addition to and not in derogation of the
provisions of any other law for the time being in force. It would be operative as an
additional apparatus with the other laws having consumer implications. This law does
not supersede other laws, rather it is said to be applied as a complementary law on the
same point. If an anti-consumer activity falls within the ambit of some other rigorous law
(for example: Special Powers Act 1974), the complainant would have the option to
resort to that law.
vii. Mobile Court
The mobile court has jurisdiction to try offences relating to activities that violate
consumer rights. An executive Magistrate runs the mobile court. Besides, the DG has
also the same power as an Executive Magistrate to run the mobile court. He has
jurisdiction all over Bangladesh. A Magistrate may at once recognize an offence under
this Act, if committed in front of him and punish him, on the basis of his confession, with
an imprisonment for a period of maximum two years. However, if the offence is serious
in nature; he will take steps to file a criminal case in the criminal court.
Current Status of Legal Protection to Consumers in Bangladesh:
Legal protection to the consumers in Bangladesh is not adequate from the very
beginning. But the most important thing is- few laws those are available are not
enforced strictly to protect the consumers’ rights. In ‘fundamental principles and state
policy’ part of the constitution rights of consumers are not discussed properly. In article
15 and 18 little information is found which talks about the provisions of consumer
protection, like- health and food particularly.
In article 15.2 It shall be a fundamental responsibility of the State to attain, through
planned economic growth, a constant increase of productive forces and a steady
improvement in the material and cultural standard of living of the people, with a view to
securing to its citizens-
(a) The provision of the basic necessities of life, including food, clothing, shelter,
education and medical care;
In article 18.3 The State shall regard the raising of the level of nutrition and the
improvement of public health as moving its primary duties, and in particular shall adopt
effective measures to prevent the consumption, except for medical purposes or for such
other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks
and drugs which are injurious to health.
Because it is acknowledged in ‘fundamental principles and state policy’ part not in
‘fundamental rights’ part, so most of them are not enforceable in the court room.
Importance of the protection of consumer rights
It is now universally acknowledges that the observance of basic human rights is the
cornerstone of peace and security for all nations. A consumer right is considered as a
basic human rights as part of right to life. Many European countries have already
inserted „consumer rights‟ in their constitution for giving special preferences e.g. Spain.
The constitution of Bangladesh enshrines „right to life‟ as a fundamental right that
indirectly protects consumer rights. 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.
In this digital era, the world is considered as a global village. So, concern for consumer
rights rarely begins or ends at any single nations boundaries, and effective action to
protect and promote consumer rights, whether at home or abroad, can be furthered by
the imaginative use of national, regional or international techniques. In the European
Countries a consumer‟s right is protected through common directives applicable equally
for all the EU nations. The World Trade Organizations (WTO) has a great role in
regulating trade affairs through different agreements among various nations. The United
Nations (UN) has adopted guidelines for the protection of consumer rights.
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 quantities of 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, medicines and apparels.
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.
So, the importance of the protection of consumer rights carries a great value towards
humanity. 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.
Rights of a consumer
The declaration made by former US President John F. Kennedy in 1962 outlined only
four basic consumer rights: (1) the right to safety; (2) the right to be informed; (3) the
right to choose; and (4) the right to be heard. Worldwide consumer movement led by
Consumers International (CI), a global federation of over 250 consumer organizations,
added four more rights: (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. Together these
eight rights form the basis for current consumers’ movement worldwide.” Now-a-days,
consumer rights include more sectors like banking, telecommunication etc. In
Bangladesh a lot of laws (around 61 laws, list given below) are prevailing on consumer
rights that aims to ensure safety products and security in service.
In negative sense, a list of consumer rights can be found from the explanation of the
term “Acts against consumer rights”.
Section 2 (20) of the Consumer Rights Protection Act, 2009 states that “Acts against
consumer rights” mean:
a) Selling or offering to sale at a price higher than the price prescribed by any law or
Rule for any product, medicine or service;
b) Knowingly selling or offering to sale any adultered product or medicine;
c) Selling or offering to sale any product which has mixture of any object that is
dangerously harmful for human health and mixture of such object with food is prohibited
by any Act or Rule;
d) Deceiving people in general by false and untrue advertisement with the purpose of
selling any product or service.
e) Not to supply properly the product or service as promised in exchange price;
f) To sale or supply in a weight lesser than that has been promised at the time of such
sale or supply;
g) The scale or instruments of weighing using for sale or supply of any product of a
business establishment showing over weight that in actual weight;
h) Using less than in promised weight in time of sale or supply of a product;
i) The using ribbon for measuring length in any business establishment showing more
length than in actual size;
j) To make or manufacture any counterfeit product or medicine;
k) To sale or offer to sale any date expire product or medicine;
l) Commission of any act which is dangerous to the life or safety of the service
consumer that is prohibited under any Act or Rule;
We, therefore, may come to a conclusion that the prevention of the above „acts against
consumer rights‟ means to ensure consumer rights.
Consumer Right Protection Act in Bangladesh and Its Features:
Almost all the countries now have consumer protection laws. Like other countries
Bangladesh has also its consumer protection laws which known as Consumer rights
protection act, 2009. The base of this act is consumer protection act 2000. Bangladesh
parliament passed this act on 1st April 2009. It is aimed to protect consumers’ rights by
preventing cheating on weight, price and quality of what they buy. Though the act is
available but due to poverty, illiteracy, and unemployment, the people of Bangladesh
face more consumer right problems. As a result like other rights, consumer rights
remain the most ignored in this country. Because of lack of awareness many people do
not check the expiry date is given or not, or expiry date par hose kina. They are not
aware of the ingredients used to make the product are meet the standard or not. To
aware the people government introduced mobile court act which has the power to issue
warrant of search and arrest the erring sellers.
There are some main features like- voluntary protection, institutional protection,
statutory protection which must have to consider all of the time.
In Bangladesh, the consumers’ association if Bangladesh (CAB) works for the people to
safeguard their rights and interests.
Constitution of the People’s Republic of Bangladesh and consumers right protection law
provide safeguard and promote consumer rights of citizens so that consumers’
protection can be ensured. In article 18 of the constitution it is written.
Reasons behind to be cheated as a Consumer in Bangladesh:
Some of the factors those help producers to do cheating with the consumers are
discussed below-
Lack of awareness: Mass people of Bangladesh are unaware of their rights as a
consumer. They do not know if the sellers cheat them, what they should do or where
they should go. The reason behind is that consumers right is still a comparatively new
concept to the people of Bangladesh.
Illiteracy: Most of the people in Bangladesh do not know about the existence of their
rights as consumer. One of the main reasons for this is the lack of basic education.
They cannot think up to the level that they can have such rights which would give them
protection against adulteration of food, medicine etc. and the right to get proper service
for which they are paying.
Economic Condition: We cannot avoid thinking of the economic condition which does
not provide the atmosphere fit for consumers who are careful and demand quality.
Compromising Attitude: Sometimes we do compromise with the quality of goods bought
because of our financial limitation. If we are incapable of paying the accurate price for
the goods we buy, we cannot expect a high standard of quality for the same.
Bangladesh Standards and Testing Institute is beset with lots of problems, like it does
not have modern equipment and facilities for testing of many products. Also, the general
consumers very often question the efficiency and integrity of the officials in the BSTI.
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.
Why and How the Consumer Protection Law should enforce to provide
consumers Best Quality of Services in Bangladesh:
Section 2 (20) of the Consumer Rights Protection Act, 2009 states that “Acts against
consumer rights.
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
There are also several laws available if those are enforced effectively then the
consumer will get best quality of services from their desired products. Such as-
1.The Consumer Rights Protection Act, 2009;
2.Bangladesh Standard Testing Institute Ordinance (BSTI), 1985;
3.The Customs Act, 1969;
4.The Drug Control Ordinance, 1982;
5.The Fish and Fish Products Ordinance, 1983;
6.The Pure Food Ordinance, 1959;
7.The Trade marks Act, 2009;
8.The sale of goods Act, 1930;
9.The Control of Essential Commodities Act, 1956;
10.The Medical and Dental Council Act, 1980;
11. The Bangladesh Energy Regulatory Commission Act, 2003;
12. The Bangladesh Telecommunication Act, 2001;
13. The Right to Information Act, 2009;
14. The Food (Special Courts) Act, 1956;
15. The Mobile Court Ordinance, 2007 (now repealed);
16. The Iodine Deficiency Disorders Prevention Act, 1989;
17. The Standards of Weights and Measures Ordinance (Amendment) Act,2001;
18.The Import of Goods (Price Equalization Surcharge) Act, 1967; etc.
Consumer Protection Act in E-Commerce
E-commerce, the broad sense refers to all means of electronic technology with
business-related activities, namely the electronic trade; narrow sense refers only to the
Internet to conduct business activities. This new breakthrough in the traditional way of
business business time and space, completely changed the traditional business of
trading patterns, greatly enhancing the efficiency of business activities.
According to MasterCard International survey: 70% of consumers worry about online
shopping cheated.
E-commerce in violation of consumer rights in the form of under the "Consumer
Protection Act" gives consumers rights, the author of various forms of infringement the
following categories: the safety of consumers right to protect against the rights to
security in our country, "Consumer Law" give consumers the most basic rights, the right
to infringe on the safety of consumers is also the e-commerce The biggest problem
faced.
Violations of consumer privacy :
Consumers making e-commerce transactions often be asked to provide detailed
personal information, communications, consumer habits and preferences, and even
credit card numbers and passwords. Almost all of the e-commerce sites, both in the
programming set if you do not enter this information, the transaction can not be the next
step. However, this information is private and business customers to provide this
information would be tantamount to their own privacy inform the other party. Operators
to obtain consumer privacy, the respect of the obligation and responsibility to take
necessary security measures, unauthorized not to leak. But in practice, operators often
without the consumer agrees to use this information for commercial activities. What is
more, some can not continue operating the site is to sell its customer information to
maintain the survival website, which seriously infringed the privacy of consumers.
Consumer Association of Bangladesh (CAB)
Consumers Association of Bangladesh (CAB), is a nongovernment, non-political and
non-profit voluntary organization. It was established in February 1978. The association
plays a vital role in promoting and protecting consumer rights in Bangladesh. Its main
goal is to protect the rights and interests of consumers as well as to educate them on
about their rights and responsibilities in order to be a wise consumer. CAB provides
legal assistance and advice to consumers whose rights have been violated. In essence,
CAB is working towards ensuring consumers and businessmen will have a safe, fair and
competitive marketplace.
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.
Consumer Rights Protection in Bangladesh

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Consumer Rights Protection in Bangladesh

  • 1. 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 business 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. Objective of research I have observed the objects for my research as under the following:- Ø To clarity the concept of consumer and consumer protection. Ø To indentify the legal problems related the protection of consumer rights. Ø To evaluate the measure for enforcement of consumer rights. Research methodologies To collect the information and data have been used both sources. Primary source includes face to face interview with consumers and secondary source consists such as journals, brochures and web-side also. Sources and Materials These information and data have collected from both sources, primary and secondary sources. As a primary source, we have taken an interview with some consumer. And secondary source are internet, books, journals, newspaper, constitution, the protection of consumer rights Act, 2009. Standers of Weight and measurement ordinance, 1980. Sale and Goods Act, 1930. Role of Consumer Association of Bangladesh (CAB). Scope and Limitation
  • 2. It is now generally accepted that consumer policy and consumer protection are concepts closely interlinked. The scope and limitation of consumer protection are quite vast and engulfs even newer interests and aspects. The consumer rights protection act, 2009 states in section 2(20) some “acts against consumer rights” that means: Ø Selling or offering to sale at a price higher than the price prescribed by any law or rule, any product, medicine or service. Ø Knowingly selling or offering to sale any adulterer product or medicine. Ø Deceiving people in general by false and untrue advertisement with the purpose of selling and product or service. Ø Not to sell or supply property the product or service as promised in exchange price. Ø To use any false weight or false measure of length or capacity as excessive weight or measure from what it is at time of sell or supply of any product in any business institute. Ø To give fewer products at time of sell or supply as it was promised. 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
  • 3. to the consumers or customers, who wish to purchase or hire goods and/or services from the sellers or manufacturers. 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. In the opinion of Professor Ulf Bernitz, leading Scandinavian expert on consumer law, the most sophisticated of the term ‘Consumer’ at present to be found in the Consumer Sales Act of 1973.[1] This Act renewed in 1991, is applicable “Where a consumer buys from merchant goods in the course of the merchant’s professional activities.” This definition is also applicable to consumer services where they are intended mainly for private purposes rather than private use. In the UK, the Consumer Protection from Unfair Trading Regulation 2008 states that “commercial practice” means any act, omission, course of conduct, representation or commercial communication (including advertising and marketing) by a trader, which is directly connected with the promotion, sale or supply of a product to or from consumers, whether occurring before, during or after a commercial transaction (if any) in relation to a product. “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: Who except for the purpose of resale and commercial intention. Purchases or agrees to purchase any product by payment of a price. Purchases or agrees to purchases by part payment of price. Purchases with the promise of paying price in extended term or by installments. Who uses the product purchased under clause (a) with the consent of the purchaser. Who, after purchasing a product, uses it commercially for the purpose of making a living self –employed. Who, Hires or receives otherwise any service by payment or promises to pay the price.
  • 4. Hires or receives otherwise any service by part payment or promises to pay partly the price. Hires or receives otherwise any service by paying the price in an extended term or by installments. Who consumers the service received under clause (d) with the consent of the service consumer. Who is a consumer? A consumer is anyone ranging from the cradle (a baby) tothe tomb (till the person dies); from the Prime Minister of a country to the labourer on the street. In simple words, the persons who uses or consumes products or services are consumers. In the eyes of law, a person is required to fulfill certain conditions to be regarded as a consumer. Consumers are those persons who, for oneself or for the dependants, buy or use or obtain a permission to use any products or service by offering a price, prompt or due or in installments. In addition, any person using such products with the consent of the buyer will also be treated as a consumer. But if someone buys something for the purpose of resale or for any other commercial purposes, he or she shall not be a consumer as such. Personal consumpion is the main test for defining oneself as a consumer. Under CRPA 2009, a person who buys goods to earn a livelihood by ‘self-employment’ (though in a commercial scale) also falls within the definition of a consumer. Although it may be difficult for a seller to decide whether a purchaser is a consumer or not it depends on the purchaser’s intention in buying the goods for him. It is said that consumer protection is the achieved or intended result of consumer policy. Consumer protection: a concept that are designed to ensure fair competition and the free flow of truthful information in the marketplace Government - enacting & enforcement of laws Non government – consumer activism “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.
  • 5. 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. “RESPONSIBILITIES OF THE CONSUMER” • Use the product safely, following all safety instructions and remaining alert for future precautions. • Choose vigilantly at a fair price. • Make the effort to seek compensation for a wrong. • Make choices that minimize the environmental impact of your purchase on others. • Consume in a sustainable manner, so as not to preventothers from meeting their own needs. Objectives of consumer protection  To protect the consumer from abuse  To provide a venue for grievance /redress  To ensure a better quality of living by improving the quality of consumer products & services OVERVIEW The Consumer Right Protection Act (later termed as CRPA), 2009 of Bangladesh was passed by the Parliament and obtained assents of the President on 5th April, 2009 and shall come into force at once [sec-1(2)].The Act provides for the protection of consumer rights and for prevention of acts against consumer right and interest and other relevant issues. The Consumer Protection Act 2009 is organized into 7 chapters and a total of 82 sections. The Act mainly deals with the obligations of "economic operators" and product
  • 6. safety. It enjoins state organs to punish the offenses of economic operators who violate consumer rights and interests. It provides for various actions to be taken by the respective ministries against the production of products or services that are likely to induce grave or imminent dangers. The Act also sets out comprehensive procedures to be followed by inspection agents to ensure the quality and safety of products (goods and services). It also allows for the establishment of a specialized institution to be in charge of fraud repression and inspections of imported and exported goods. (Chapter 1) deals with definition such as complainant, consumer, medicine, punishment, Food product, council, Rules etc and it deals with the establishment of council (chapter 2). Department and Director General (chapter 3), offence and punishment (chapter 4), trial (chapter 5), civil proceedings and remedies (chapter 6) and miscellaneous (chapter 7). In section 2(20) - it states some name of activities which is against consumer's rights such as- to sale at a higher price, to sale any adulterer medicine or product, to sell any product which has mixture of any product, deceiving people by false or untrue advertisements, not to supply goods properly in exchange of price, to make counterfeit products, to sale date expired products and so on. In section 2(22) - it provides for a definition of services. In section 5- it is said that "The Consumer Right Protection Council" shall be established and it consists of 29 members. The Tenure of membership, Meeting and Function of the council shall be enacted. In section 10- it provides about the Establishment of District Committee for the Protection of Consumer Right. In chapter 3- Sections from (18-36) deal with Establishment of a Department, Director General and Powers and functions of the Director General and so on. In chapter 4- Sections from (37-56) deal with punishment for the various acts against consumer's rights and interests and violation of the provisions of this act. In chapter 5- Sections from (57-65) deal with the trial. In chapter 6- Sections from (66-68) deal with the civil proceedings and remedy. In chapter 7- Section from (68-82) deal with the miscellaneous. Chapter 7 also deals with different types of miscellaneous provisions such as- power of District Magistrate (sec-69), Administrative action taken by Department (sec-70), monitoring private health and medicine service (sec-73) etc. Under this chapter some exemption are also allowed for some offenses. IMPORTANT ASPECTS OF THE CONSUMER RIGHTS PROTECTION ACT, 2009: i. Liability of seller to third party
  • 7. Under this Act, the seller or the service provider will be liable not only to the purchaser but also, to those persons who again buy or use the products with the consent of the former buyer. Since the definition of consumer covers such person, it means that the seller is liable to a third party. ii. Establishment of the Council (parishad) Under the Consumer Rights Protection Act, 2009, there are Councils at two levels: a. National level (National Consumer Rights Protection Council) b. District level (District Consumer Rights Protection Committee) The National Consumer Rights Protection Council may, for purpose of preservation and protection of consumer rights, make appropriate regulations, undertake research, create awareness, and advise the government on policy relating to consumer protection, as well as monitor the activities of the Directorate of Consumer Protection. On the other hand, the District Committees are to implement the rules and regulations adopted by the National Council. iii. Establishment of Directorate on Consumer Rights Under the Consumer Rights Protection Act, 2009, a Directorate of consumer rights is established in Dhaka. In fact, the principal responsibility to implement this Act rests on this Directorate. The Directorate is headed by a Director General (DG) and to assist him, there will be such staffs as may be necessary. A person may submit complaint of any activity violating consumer rights to the DG or any person authorized by him. To make a complaint to Magistrate or to file a criminal case requires the permission of the DG or of person authorized by him on this behalf. The DG holds power to investigate, to search or to issue summons and warrant. Besides this, he may also issue directives to close any shop or business enterprise engaged in activities that violate consumer rights. iv. Filing of Complaint Under the CRPA 2009, no person can file a complaint directly at the Magistrate’s court. A person can file a complaint based on the anti-consumer activities to the Director General of the National Consumer Rights Protection Directorate or any other person authorized by him within 30 days of the complained cause of action. Then, within 90 days of the complaint received, the charge has to be filed to the Magistrate court with the approval of the DG. v. Concurrent Remedy Apart from filing a criminal case with the Magistrate court, civil remedy can be sought at the civil courts. The civil court is endowed with the jurisdiction to grant proper compensation which would not go beyond the fivefold amount of the actual damage.
  • 8. vi. Act not in derogation of any other law The provisions of the CRPA shall be in addition to and not in derogation of the provisions of any other law for the time being in force. It would be operative as an additional apparatus with the other laws having consumer implications. This law does not supersede other laws, rather it is said to be applied as a complementary law on the same point. If an anti-consumer activity falls within the ambit of some other rigorous law (for example: Special Powers Act 1974), the complainant would have the option to resort to that law. vii. Mobile Court The mobile court has jurisdiction to try offences relating to activities that violate consumer rights. An executive Magistrate runs the mobile court. Besides, the DG has also the same power as an Executive Magistrate to run the mobile court. He has jurisdiction all over Bangladesh. A Magistrate may at once recognize an offence under this Act, if committed in front of him and punish him, on the basis of his confession, with an imprisonment for a period of maximum two years. However, if the offence is serious in nature; he will take steps to file a criminal case in the criminal court. Current Status of Legal Protection to Consumers in Bangladesh: Legal protection to the consumers in Bangladesh is not adequate from the very beginning. But the most important thing is- few laws those are available are not enforced strictly to protect the consumers’ rights. In ‘fundamental principles and state policy’ part of the constitution rights of consumers are not discussed properly. In article 15 and 18 little information is found which talks about the provisions of consumer protection, like- health and food particularly. In article 15.2 It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens- (a) The provision of the basic necessities of life, including food, clothing, shelter, education and medical care; In article 18.3 The State shall regard the raising of the level of nutrition and the improvement of public health as moving its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and drugs which are injurious to health. Because it is acknowledged in ‘fundamental principles and state policy’ part not in ‘fundamental rights’ part, so most of them are not enforceable in the court room.
  • 9. Importance of the protection of consumer rights It is now universally acknowledges that the observance of basic human rights is the cornerstone of peace and security for all nations. A consumer right is considered as a basic human rights as part of right to life. Many European countries have already inserted „consumer rights‟ in their constitution for giving special preferences e.g. Spain. The constitution of Bangladesh enshrines „right to life‟ as a fundamental right that indirectly protects consumer rights. 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. In this digital era, the world is considered as a global village. So, concern for consumer rights rarely begins or ends at any single nations boundaries, and effective action to protect and promote consumer rights, whether at home or abroad, can be furthered by the imaginative use of national, regional or international techniques. In the European Countries a consumer‟s right is protected through common directives applicable equally for all the EU nations. The World Trade Organizations (WTO) has a great role in regulating trade affairs through different agreements among various nations. The United Nations (UN) has adopted guidelines for the protection of consumer rights. 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 quantities of 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, medicines and apparels. 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. So, the importance of the protection of consumer rights carries a great value towards humanity. 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. Rights of a consumer The declaration made by former US President John F. Kennedy in 1962 outlined only four basic consumer rights: (1) the right to safety; (2) the right to be informed; (3) the right to choose; and (4) the right to be heard. Worldwide consumer movement led by Consumers International (CI), a global federation of over 250 consumer organizations, added four more rights: (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. Together these
  • 10. eight rights form the basis for current consumers’ movement worldwide.” Now-a-days, consumer rights include more sectors like banking, telecommunication etc. In Bangladesh a lot of laws (around 61 laws, list given below) are prevailing on consumer rights that aims to ensure safety products and security in service. In negative sense, a list of consumer rights can be found from the explanation of the term “Acts against consumer rights”. Section 2 (20) of the Consumer Rights Protection Act, 2009 states that “Acts against consumer rights” mean: a) Selling or offering to sale at a price higher than the price prescribed by any law or Rule for any product, medicine or service; b) Knowingly selling or offering to sale any adultered product or medicine; c) Selling or offering to sale any product which has mixture of any object that is dangerously harmful for human health and mixture of such object with food is prohibited by any Act or Rule; d) Deceiving people in general by false and untrue advertisement with the purpose of selling any product or service. e) Not to supply properly the product or service as promised in exchange price; f) To sale or supply in a weight lesser than that has been promised at the time of such sale or supply; g) The scale or instruments of weighing using for sale or supply of any product of a business establishment showing over weight that in actual weight; h) Using less than in promised weight in time of sale or supply of a product; i) The using ribbon for measuring length in any business establishment showing more length than in actual size; j) To make or manufacture any counterfeit product or medicine; k) To sale or offer to sale any date expire product or medicine; l) Commission of any act which is dangerous to the life or safety of the service consumer that is prohibited under any Act or Rule; We, therefore, may come to a conclusion that the prevention of the above „acts against consumer rights‟ means to ensure consumer rights.
  • 11. Consumer Right Protection Act in Bangladesh and Its Features: Almost all the countries now have consumer protection laws. Like other countries Bangladesh has also its consumer protection laws which known as Consumer rights protection act, 2009. The base of this act is consumer protection act 2000. Bangladesh parliament passed this act on 1st April 2009. It is aimed to protect consumers’ rights by preventing cheating on weight, price and quality of what they buy. Though the act is available but due to poverty, illiteracy, and unemployment, the people of Bangladesh face more consumer right problems. As a result like other rights, consumer rights remain the most ignored in this country. Because of lack of awareness many people do not check the expiry date is given or not, or expiry date par hose kina. They are not aware of the ingredients used to make the product are meet the standard or not. To aware the people government introduced mobile court act which has the power to issue warrant of search and arrest the erring sellers. There are some main features like- voluntary protection, institutional protection, statutory protection which must have to consider all of the time. In Bangladesh, the consumers’ association if Bangladesh (CAB) works for the people to safeguard their rights and interests. Constitution of the People’s Republic of Bangladesh and consumers right protection law provide safeguard and promote consumer rights of citizens so that consumers’ protection can be ensured. In article 18 of the constitution it is written. Reasons behind to be cheated as a Consumer in Bangladesh: Some of the factors those help producers to do cheating with the consumers are discussed below- Lack of awareness: Mass people of Bangladesh are unaware of their rights as a consumer. They do not know if the sellers cheat them, what they should do or where they should go. The reason behind is that consumers right is still a comparatively new concept to the people of Bangladesh. Illiteracy: Most of the people in Bangladesh do not know about the existence of their rights as consumer. One of the main reasons for this is the lack of basic education. They cannot think up to the level that they can have such rights which would give them protection against adulteration of food, medicine etc. and the right to get proper service for which they are paying. Economic Condition: We cannot avoid thinking of the economic condition which does not provide the atmosphere fit for consumers who are careful and demand quality. Compromising Attitude: Sometimes we do compromise with the quality of goods bought because of our financial limitation. If we are incapable of paying the accurate price for the goods we buy, we cannot expect a high standard of quality for the same. Bangladesh Standards and Testing Institute is beset with lots of problems, like it does
  • 12. not have modern equipment and facilities for testing of many products. Also, the general consumers very often question the efficiency and integrity of the officials in the BSTI. 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. Why and How the Consumer Protection Law should enforce to provide consumers Best Quality of Services in Bangladesh: Section 2 (20) of the Consumer Rights Protection Act, 2009 states that “Acts against consumer rights. The Bangladeshi laws provides for the establishments of different organizations to
  • 13. 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 There are also several laws available if those are enforced effectively then the consumer will get best quality of services from their desired products. Such as- 1.The Consumer Rights Protection Act, 2009; 2.Bangladesh Standard Testing Institute Ordinance (BSTI), 1985; 3.The Customs Act, 1969; 4.The Drug Control Ordinance, 1982; 5.The Fish and Fish Products Ordinance, 1983; 6.The Pure Food Ordinance, 1959; 7.The Trade marks Act, 2009; 8.The sale of goods Act, 1930; 9.The Control of Essential Commodities Act, 1956; 10.The Medical and Dental Council Act, 1980;
  • 14. 11. The Bangladesh Energy Regulatory Commission Act, 2003; 12. The Bangladesh Telecommunication Act, 2001; 13. The Right to Information Act, 2009; 14. The Food (Special Courts) Act, 1956; 15. The Mobile Court Ordinance, 2007 (now repealed); 16. The Iodine Deficiency Disorders Prevention Act, 1989; 17. The Standards of Weights and Measures Ordinance (Amendment) Act,2001; 18.The Import of Goods (Price Equalization Surcharge) Act, 1967; etc. Consumer Protection Act in E-Commerce E-commerce, the broad sense refers to all means of electronic technology with business-related activities, namely the electronic trade; narrow sense refers only to the Internet to conduct business activities. This new breakthrough in the traditional way of business business time and space, completely changed the traditional business of trading patterns, greatly enhancing the efficiency of business activities. According to MasterCard International survey: 70% of consumers worry about online shopping cheated. E-commerce in violation of consumer rights in the form of under the "Consumer Protection Act" gives consumers rights, the author of various forms of infringement the following categories: the safety of consumers right to protect against the rights to security in our country, "Consumer Law" give consumers the most basic rights, the right to infringe on the safety of consumers is also the e-commerce The biggest problem faced. Violations of consumer privacy : Consumers making e-commerce transactions often be asked to provide detailed personal information, communications, consumer habits and preferences, and even credit card numbers and passwords. Almost all of the e-commerce sites, both in the programming set if you do not enter this information, the transaction can not be the next step. However, this information is private and business customers to provide this information would be tantamount to their own privacy inform the other party. Operators to obtain consumer privacy, the respect of the obligation and responsibility to take necessary security measures, unauthorized not to leak. But in practice, operators often without the consumer agrees to use this information for commercial activities. What is more, some can not continue operating the site is to sell its customer information to maintain the survival website, which seriously infringed the privacy of consumers.
  • 15. Consumer Association of Bangladesh (CAB) Consumers Association of Bangladesh (CAB), is a nongovernment, non-political and non-profit voluntary organization. It was established in February 1978. The association plays a vital role in promoting and protecting consumer rights in Bangladesh. Its main goal is to protect the rights and interests of consumers as well as to educate them on about their rights and responsibilities in order to be a wise consumer. CAB provides legal assistance and advice to consumers whose rights have been violated. In essence, CAB is working towards ensuring consumers and businessmen will have a safe, fair and competitive marketplace. 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.