Protect your rights as consumer

In Bangladesh often the consumers are being the victim of various fraudulent activities of the manufacturers and the sellers. Frequently they sell contaminated and expired goods which have severe effect on human body. Even baby foods and medicines are not free from such adulteration. However, consumers have legal rights to get protection and can bring legal action against these types of conducts of the traders under the Consumer Rights Protection Act, 2009. Under which circumstances one can seek protection of law The consumer can take shelter of the concerned authority constituted under the Act in the following circumstances when the seller or manufacturer: i) sell any goods, medicine or service at a higher rate than the original; ii) sell adulterated goods or medicine knowingly; iii) sell any goods contaminated with such ingredients which is extremely injurious to human health; iv) deceive consumers by untrue, misleading, false or fabricated advertisement; v) not deliver the products sold accordingly; vi) not showing/preserving the price list; vii) sell any goods less than the original weight or amount; viii) tempering the weight machine ix) tempering the length measuring instrument to deliver less length; x) manufacture make any fake goods in the name of another; xi) sell expired goods or medicine etc. Rights of the consumer Each consumer has duty to be cautioned before purchasing any goods/service. Moreover, it should always keep in mind that you will have to produce sufficient evidence against the alleged seller or the manufacturer to get proper remedy. Hence preserving the receipt and sample of the purchased product is necessary to establish your rights. Often sellers not deliver any receipt; to avoid further complexity it is the duty of the consumer to ask for the receipt from the trader. In addition, you should scrutinize the actual price, brand name and trade mark, BSTI approval, date of manufacture, date of expire, name and address of the manufacturer or importer, any other direction marked on the container and other necessary information regarding the product labeled on the packet. Moreover, consumers are entitled to get relevant information concerning any goods or service from the trader. However, now it mandatory to use the mark of vitamin A and the slogan “accurate nutrition, healthy life” on each container of every edible oil. It is also your duty as a purchaser to be aware before buying any goods or service about the standard of it. Powers of the Director General The Director General (DG) of the national directorate of protection of consumer rights can take necessary steps to inspect the standard of goods/service, to prevent any fraud or adulteration and to prevent any act which may affect the rights of the consumers. The DG has same power like the officer-in-charge of a police station while conducting an inquiry. Furthermore, he/she has power to issue arrest and search warrant if he/she reasonably believes that a person has committed an offence under the Act or there is enough reason to believe that a person preserve materials contrary to this Act. The DG can enter any suspected place to inspect or can collect sample to examine. In addition, he/she can pass an order to arrest a person and to seize/forfeit the goods. Even the DG can order to prohibit the production or can shut down a shop/factory or business temporarily for doing any act contrary to the law. How to get protection Any consumer(s), registered consumer association, national consumer rights protection council or any authorized person, government or government authorized officer in this regard can apply in writing mentioning his/her name, address, email/phone/fax number, reason to complain, incident occurred, name, address and identification, of the traders, details of the product/service etc. to the director general or concerned person of the directorate of protection of the rights of the consumers within 30 days from the date of occurrence. Even a whole seller or a retailer can also bring allegation against any manufacturer. Moreover, the consumer will has to bring the goods, if possible and the receipt of such goods/service as evidence before the authority to get remedy. However, the consumer himself/herself cannot bring legal action directly to the get. After filling the complaint the directorate will conduct an enquiry and on the basic of that inquiry the consumer directorate only can take legal action against the merchant to the court. Outside Dhaka the district magistrate will exercise the power of the director general to deal the matter where no office of the directorate is situated. However, the government will constitute National Consumer Rights Protection Council by high officials and District/Upazila/Union Consumer Rights Protection committee in every districts under the mentioned Act to monitor the issue closely. Nevertheless you can file a suit before the court of the joint district judge to get compensation if your damages is recoverable by money. Otherwise, the consumer can apply for alteration or recession that means he/she will return the goods and the seller will return the money and get back to their same previous position before the contract. Apart from these if the allegation is proved after the enquiry then the complainant will has to get 25% money from the realized fine.  However, the law provides both civil and criminal forum for the complainant to get redress. Apart from the right to get compensation the culprits will be punished for their criminal liability. The punishment for these kind offences may vary from offence to offence which may extend to maximum three years imprisonment or highest tk 2,00000 fine or with both. The office of the national directorate of consumer rights protection is situated at the TCB building at Karwan Bazar, Dhaka. Published in the Dhaka Tribune (Juris) on 03.07.2014 at P. 7.