CONSUMER PROTECTION IN BANGLADESH: REVIEW OF PRESENT LAW FOR EFFECTIVE IMPLEMENTATION

ABSTRACT

In the least developed third world countries, the most important consumer right is the right to satisfy basic needs.

In this paper, the author describes the legal foundations for consumer protection in Bangladesh, foundations which attach the highest importance to the nutritional state of the people and to measures for protection of consumers from products, processes, and services which are hazardous to their health. Some of the laws are pre-1971, the year of independence of Bangladesh; others have been promulgated in more recent years, though not all of the latter have yet been fully implemented.

The author also describes the history of the consumer movement in the country, and in particular the work carried out by the Consumers' Association of Bangladesh. The difficulties that consumer organizations meet in a country such as Bangladesh are multifold. Some of the most formidable problems have to do with the fact that legislation is scattered, that consumers themselves cannot initiate legal action against wrong-doers, and that public officials as well as political leaders are often "unapproachable" or more interested in caring for the interests of business.

TABLE OF CONTENTS

LITERATURE REVIEW

It has need various kinds of books that’s review of literature is shown under bellow:-

• Ahamuduzzaman and Syeda Shamsia Husain, Consumer Protection Law, Law Book Company, Dhaka, 2011.

This book contains several concept of consumer rights and product safety, development of consumer protection law in various countries. Consumer rights protection: Bangladesh perspective, legal and religious perspective and principle of halal and haram in Islamic law.

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

This book contains about law of consumers and consumer’s rights.

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

This book is mother of law; it contains fundamental principle of state policy and fundamental rights of citizens, and also several articles.

• Mr. L. Kabir, The Penal Code, 1860. Ain prokashani , Dhaka, 2009.

This book has the penalty of offence, it is also substantive law.

The books are not sufficient for research, it is needed more and more another source, website is one of source for research.

RESEARCH QUESTION

How can be The Protection of Consumer Rights Act, 2009 effectively Implemented?

RESEARCH METHODOLOGY

The current study has been applied analytical method. To collect the information and data has been used secondary sources. Secondary source consists such as journals, brochures and web-side also.

Sources and Materials

These information and data have collected from secondary sources. And secondary source are books, journals, newspaper, constitution, the protection of consumer rights Act, 2009. The Penal Code, 1860. Special Power Act, 1974. Bangladesh Standard Testing Institute ordinance, 1980. and Role of Consumer Association of Bangladesh (CAB).

LIMITATION OF THE RESEARCH

The following limitations have been faced when the study was conducted:

·         Lack of relevant data sources

·         Lack of previous research work

·         Lack of experience on research work

·         Lack of time

HYPOTHESIS

H1 :     The customers are not conscious about their rights and they has no any knowledge or        idea of consumer rights.

H2 :     It must be very useful and helpful for consumers, to research the protection of consumer   rights.

H3 :     When the consumers or customers will be known with their rights they never suffer a        loss but they will may overcome any loss or injury of purchasing products.

OBJECTS

I have observed the objects for my research as under the following:-

• To clarity the concept of consumer and consumer protection.

• To indentify the legal problems related the protection of consumer rights.

• To evaluate the measure for enforcement of consumer rights.

CONCLUSION

There was no specific law in Bangladesh for a long time on the protection of consumer’s rights. In 2008 the non-party care-taker Government passed an ordinance in this regard. The present Government has enacted a consumer rights protection Act 2009 on April 06, 2009 without giving approval to the previous ordinance.

Therefore we can see that, the consumer protection Act 2009 provides that only competent Government officers are entitled to institute a case against the culprit for violation of such laws. A common consumer can not initiate any legal action against him except lodging a complaint to the department concerned. No court shall take cognizance if charge sheet is not submitted within 90 days from the date of complaint. Due to these legal flaws consumers are not duly protected. Therefore, these legal flaws are to be removed with a view to enabling the consumers to institute suit in a court of law identifying the violation of law.

In Bangladesh there is no mechanism through which the provisions of the laws, made to safeguard the rights and interests of the consumers, can be placed and explained to them in a simple and impressive manner.

The Government machineries from implementing point of view are very weak. As the Government machineries do not work smoothly, so non-Government organization should come forward with a program of helping the consumers.