Report

1. Summary

Consumer protection laws are designed to ensure fair 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 protects

the interests 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.

"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.

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2. Protecting consumer rights

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.

There are three pillars of consumer policy:

1. Consumer legislation and regulation;

2. Consumer representation;

3. Empowerment of individual consumer

India, Malaysia, Sri Lanka and Nepal have extensive consumer protection legislation that is

successfully executed and ensures the access to justice. They have established a separate

court for consumers so that if there is any violation of consumer protection law then the

consumers can directly bring action through that court.

After a prolonged advocacy and lobbying by the CAB (Consumer Association of

Bangladesh) with the government and the policy makers a draft Consumer Protection Law

was formulated long time back. This draft act is still lying with the Ministry of Commerce

to be processed for enactment by the Parliament. However we do have some existing laws

on consumer protection but that are very controversial and conventional.

Consumer protection in Bangladesh is referred in Articles 15 and 18 of the Constitution.

Article 15 deals with the provision of basic necessities like food, clothing, shelter,

education, medical care, right to work, right to work at reasonable wages, quantity and

quality of work, social security etc. Article 18 deals with public health and morality, like

preventing the consumption of alcoholic and other intoxicating drinks and of drugs, which

are injurious to health.

In addition there are other numerous provisions of consumer law, which have been enacted

from time to time. For example, the Control of Essential Commodity Act, 1956 has given

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power to the government to control the production, distribution, preservation, use, and

business etc. of certain essential commodities for which a license/ permit is a must.

With regard to maintaining the quality of food such as flour, oil, ghee, etc. the Department

of Public Health has been entrusted with the duty of inspection and examination of the

quality of foodstuff under the Pure Food Ordinance 1959. This Ordinance also prohibits

persons with infectious diseases such as tuberculosis, from involvement in

manufacturing/preparation of such food items.

The Price and Distribution of Essential Commodity Ordinance, 1970 was enacted to ensure

the right price so that the importers, producers and the businessmen may not be able to earn

unjust profits.

The Drug Control Ordinance 1982 empowered Government to establish control over

manufacture, import, distribution and sale of drugs. This enactment makes provisions for

constituting a Drugs Control Committee, which is known as Drug Administration. Without

its permission no drug can be manufactured for sale or be imported or distributed. In case of

manufacturing of drugs, the firms are advised to follow the recommendations of the World

Health Organization.

The Breast Milk Substitute (Regulation of Marketing) Ordinance 1984 states that nobody is

allowed to promote the use of any breast milk substitute or give any impression that breast

milk substitute is better than breast-feeding. That will amount to an offence. The Ordinance

has also made it mandatory to inscribe that “there is no substitute to breast-feeding” on the

package of the substitute.

Further on October 27, 1988 Bangladesh has joined anti-smoking campaign. The aim of

such campaign is to reduce the use of tobacco. Sellers and manufacturers are instructed to

give warning on the tobacco packet as “smoking is injurious to health”. Without this caution

they are not allowed to display or advertise any tobacco product.

Apart from these Ordinances there are some additional legislative provisions giving

protection to consumer interests. For example: Section 272 of the Penal Code, 1860

prohibits any food or drink to be adulterated. Section 274 also imposes restriction on

adulteration of any drug or medical preparation. Section 482 provides restrictions on any

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false trademark or any false property trademark. Section 267 provides restrictions on false

statement to sell or disposes any instrument for weighting.

The Special Power Act 1974 provides for more severe penalties for advertisement, black-

marketing, smuggling, adulteration of or sale of adulterated foods, drinks, drugs or

cosmetics.

The Dangerous Drugs Act 1930 empowered government to put restrictions on cultivation of

cocoa-plant, manufacture and possession of opium, cultivation of poppy etc.

The Trade Mark Act 1940 provides that all manufactured commodity should have a

trademark, which will distinguish it from other commodity of the same nature and the

consumers will get the liberty to choose their own brand. The object of this act is to give

protection to the original trademark against unauthorized use of his Trade Mark by his

competitor(s).

The Standards of Weights and Measures Ordinance 1982 provides that the establishment of

standards of weights and measures shall be based on metric system and units of

measurement and would be know in the country as System International (SI) units.

All these Ordinances and Acts have been enacted with good intention to protect the

'helpless' consumers of Bangladesh. Similarly the CAB (Consumer Association of

Bangladesh) was established to protect the rights of those consumers. Nevertheless, the

Bangladeshi consumers are still beset with various problems. These problems include:

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.

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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.

These are the small fractions of problem related to the consumers. However, there are other

problems too. For example, in Bangladesh there is no separate court for consumers' rights.

Also the consumers lack proper authority to go to the court to bring action against those

who violate the consumers' rights. Therefore, the consumers need to rely upon the

government officials concerned to bring any effective action against the alleged parties.

Those alleged parties are also taking advantage of this vague situation. The corrupt

businessmen tend to establish a good relationship with corrupt government officials who

might help them to cheat and exploit the innocent consumers. Moreover, the BSTI

(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.

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3. Consumer rights: Where do we stand?

Perhaps two decades long or a bit more than that we have frequently been hearing about

human rights in our country. And there are many individuals and organisations who are

very much engaged in working in the sector of human rights. No doubt human rights are

democratic rights. At the same time consumer rights are the integral part of the human

rights. And all of us know how the consumer rights are being abused in our country. Almost

everywhere in the world consumers are highly honoured, taken full care of their rights. It is

told that consumers are the kings. But in our country it is quite reverse.

What we generally observe in our country is that consumers are treated negligently. While

consumerism has become a strong movement and consumer organisations are highly

powerful in the developed as well as in many of the developing countries including our

neighbours, a great majority of the consumers in our country are still in the dark about their

basic rights and obligations as consumers. Due to mass illiteracy, particularly the poor and

the disadvantaged section, the consumers are not aware and conscious of their rights and

responsibilities as consumers. In fact, consumerism is still a new concept in Bangladesh and

the very term Consumer Rights is not known even to the great majority of those whom we

are literate.

In the absence of appropriate and adequate protective laws, standards and effective

implementation of existing laws consumers in our country are helplessly being cheated and

exploited by some dishonest businessman and vested interest groups. The innocent, simple

and illiterate consumers are revolving in a vicious circle of food and commodity

adulteration, cheating in weighing & measures, hoarding and artificial price-hike. In the

service sectors, the consumers are deprived of their legitimate services even after paying

increased costs. The physicians are not sincere in their duties and responsibilities and do not

adhere to minimum ethics in their professional practices. Incidence of death due to wrong

treatment or intakes of adulterated and counterfeit drugs are often published in the

newspapers. Surprisingly the drug administration is silent.

The transport sectors are more dangerous and horrifying. No one can be assured of safe-

return home. In the absence of good road transport system and due to lack of effective

implementation of existing traffic laws, road accidents have been increasing at an alarming

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rate causing heavy tolls of lives and damage to property. Defective bus, minibus, auto-

rickshaw and rickshaws are plying on the road with excessive passengers and often causing

accidents resulting in death and damage to lives of innocent passengers. In case of water

way every year we see the overloaded launches capsizing and killing hundreds of people.

In the name of open market economy foods and commodities are being imported freely. But

how much do we know about the standards and quality of these imported commodities? Are

we sure that these imported products have undergone any safety and standards tests by any

appropriate authority in the testing laboratories? Consumers Association of Bangladesh

(CAB) conducted a survey on packaged biscuits of 66 brands (both imported & locally

produced) made of 33 companies in July 2003. The survey revealed that 76% did not have

BSTI certification marks and proper labeling, 86% had no expiry date on the label, in 83%

cases weight was not mentioned and in 83% cases the sellers are taking more price.

CAB conducted another survey in August- September 2002 on 51 brands of Jams and Jelly

of 31 companies and it was found that 52% of Jams and Jelly did not have BSTI

certification marks, 13.72% did not mention ingredients, 23.52% did not mention date of

production and date of expiry and in 54.90% cases retail price was not mentioned on the

label.

Bangladesh Standard and Testing Institute (BSTI) is beset with numerous problems. It is not

well equipped with modern facilities for testing products and commodities. The efficiency

and integrity of the officials of BSTI are often questioned by the general consumers.

Services of BTTB, DESA, WASA, Bangladesh Biman, BRTC, BTV and Bangladesh Betar

hardly meet consumers’ expectation. Rights are being abused in day to day life. Still they

keep mum.

In the developed countries there are adequate laws to protect the consumers against

violation of their rights and interests. There are separate consumer courts in those countries

to deal with cases of violation of consumers' rights and interests. In India, Consumer

Protection Law was enacted in 1986 with subsequent modification in 1992. Under this law

consumer courts were established all over the country to try cases instituted by the

consumers for violation of their rights involved in the purchase and use of commodities and

services. Instances are there that physicians had to compensate the patients for medical

negligence and wrong treatment, trades and businessmen had to redress the grievances of

the consumers by replacing or refunding money to the buyers for defective goods and

commodities.7

In Malaysia, Srilanka and even in Nepal consumer protection laws are in prevalence and

being effectively implemented for protection of the rights and interests of the consumers of

those countries.

But unfortunately in Bangladesh we do not have Consumer Protection Law as such even

after prolonged advocacy and lobbying with the government and policy makers during the

last one decade. But very recently the draft Consumer Protection law has almost been

finalized in a meeting under the chairmanship of additional secretary, commerce Mr. B. R.

Khan and hopefully it will go to the cabinet for final approval very shortly. However, there

are some conventional laws in existence in the country, but these laws are so outdated that

little or no protection is provided to the consumers. These laws are also inadequate and do

not meet the present needs. The most prominent amongst these laws are:

1. Bangladesh Food Ordinance, 1959

2. Bangladesh Pure Food Rules, 1967

3. Bangladesh Essential commodity Act, 1978

4. Bangladesh Drug Control Ordinance, 1982

5. Bangladesh Standard and Testing Institute Ordinance 1984

6. The Breast Milk Substitute (Regulation of Marketing ) Ordinance, 1984

Among rules and ordinances BSTI ordinance 1984 has been amended will be implemented

soon. The most interesting features of these laws are that aggrieved consumers can not sue

the violators themselves. It is only the designated government officials empowered under

these laws, who can initiate and sue the violators. Besides, provision of penalty or

punishment is so negligible that nobody cares to abide by the rules under these laws and as

such there is no effective implementation of the laws. As a result the consumers in

Bangladesh are completely dependant upon the mercy of the business houses, the

professionals and the vested interest groups.

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4. Consumer protection law

Enacting a comprehensive Consumer Protection Law is a need of the time. The simple

consumers of Bangladesh are in crucial need of having the protection. Therefore, the

government should enact a comprehensive Consumer Protection Act as soon as possible and

further strictly ensure the effective implementation of such legislation.

With the relentless effort of the Consumers' Association of Bangladesh (CAB) since 1992, a

draft Consumer Protection Act was formulated in 1998 by the Ministry of Commerce in

consultation with CAB and other relevant ministries, departments and agencies of the

government. In February 2000, the Ministry of Commerce sent the draft Act (with

necessary amendment suggestions) to the Bangladesh Law Commission to do necessary

research on it. On 29 October 2000, the Law Commission suggested various changes to the

draft act so prepared. Based on all these reforms, a bill was later introduced in the

Parliament for due enactment.

The (draft) Consumer Protection Act 2000 is very much similar to that of India and Sri

Lanka. Some claim that it borrows heavily from the consumer protection law of Nepal too.

The essential features of the draft law are:

(a)It provides definition of certain relevant terms, such as, consumer, complainant,

complaint, consumer dispute, defect, deficiency, goods, service, manufacturer, trader,

restrictive trade, unfair trade practice etc.

(b) It proposes the establishment of a National Consumer Council (NCC) and sets down its

composition, objectives, functions and responsibilities.

(c)It suggests the establishment of Consumer Disputes Settlement Agencies such as one

National Consumer Tribunal (NCT) for the whole Bangladesh and at least one District

Consumer Tribunal (DCT) for each district. The draft law provides details of the

composition, power, jurisdiction, details of trial proceedings, and the appeal mechanism for

both the National and District Consumer Tribunals.

(d) The most striking part of the draft Act is that a consumer complaint, may be filed not

only by the concerned consumer(s) or the government but also by any recognized

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consumers' association. For that matter, it is not necessary that the concerned consumer(s)

be a member(s) of such consumer association.

There are two very important issues, which are absent in the draft Consumer Protection Act

2000. They are-

(a) There is no power given to either DCT or the NCT to issue 'interim orders' regarding the

sale or withdrawal of hazardous goods from the market. The total complaint procedure

would take months or years to settle the issue, but in the meantime the consumers might

suffer irreparable loss unless such interim order is passed by the Consumer Courts in

appropriate cases.

(b) There is no provision of constituting and maintaining a 'Consumer Protection Fund' for

protecting and promoting consumer rights in Bangladesh. By an amendment in 1980,

provisions for such fund were incorporated into the Sri Lankan Consumer Protection Act

1979. In Sri Lanka, the sources of such 'Consumer Protection Fund' generally come from

the fines procured by the consumer courts for offences under the Act, profits from sale of

goods forfeited under the Act, grants and donations, and finally from the budget sanctioned

by the parliament for protection of consumer rights.

The recently prepared draft Consumer Protection Act 2006 makes some new provisions to

the 2000 draft. Some of such new changes suggested are:

(a) The 2006 draft Act ensures more wide representation of the civil society in the proposed

National Consumer Council (NCC).

(b) The 2006 draft Act establishes the Department of Consumer Affairs and the same is

entrusted with a 'wide discretionary power' so that it can play an activist role to safeguard

the interest of the consumers.

(c) Provisions regarding DCT and NCT are replaced by provisions of the 1st class

Magistrate or the Metropolitan Magistrates to try the offences under the proposed Act.

Appeals against the verdict of Magistrates will lie in the Court of Session judge.

(d) The 2006 draft Act incorporates the system of summary trial through mobile courts.

This is aimed at providing speedy relief to the consumers. No such provision was

incorporated in the 2000 draft. 10

(e) The 2006 draft Act defines specific offences against consumerism and provides

punishments for such offences. An offender not only does have criminal liability but also is

made subject to civil and administrative liabilities. In other words, the consumers, now, can

receive civil and administrative remedies for consumer offences committed.

(f) Provisions of 'interim order' in appropriate instances are introduced. The Director of the

Department of Consumer Affairs is entrusted with the power to issue such orders. This was

not there in the 2000 draft.

(g) No provision of 'constituting and maintaining' a permanent Consumer Protection Fund

was created. However, the 2006 draft Act establishes that if a fine is imposed on the

offenders, either by the Court or by the Department of Consumer Affairs, the aggrieved

consumer has a right to share at least 25 percent of the fine amount.

From the ongoing discussion it is clear that the 2006 draft Act is more elaborate than the

2000 draft in many aspects of consumer protection. However, it fails to make provisions for

a permanent Consumer Protection Fund. Also, the 2006 draft deletes the provisions of

specialized consumer protection tribunals, which could be efficiently used in dealing with

the consumer protection matters alone.

Enactment of a comprehensive law to protect the rights of consumers of Bangladesh has

become a priority. It is unfortunate that when other neighbouring developing countries (like

India, Pakistan, Nepal, Sri Lanka, Thailand, Indonesia, Malaysia and many others) have

already enacted comprehensive consumer protection legislation in their respective countries,

consumers in Bangladesh are being deprived of even their basic rights. More unfortunate is

to note that matters relating to consumer protection have neither been a priority in the

governmental agenda nor an issue of serious concern in the political manifesto of any of the

political parties of the country so far. The snail-pace movement of enacting the draft

Consumer Protection Act in Bangladesh makes one wonder whether it will ever see the

daylight.

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5. Competition policy and consumer protection for Bangladesh

Law governing competitions are found in over two millennia of history. However, the

origins of modern competition policy can be traced back to the end of 19th century, mainly

as a reaction to the formation of trusts in the United States (US). Competition law (known

as anti-trust law in the US) in modern time begins with the US legislation of Sherman Act

of 1890 (original anti-trust legislation attempt to control monopoly power) and the Clayton

Act of 1914 (extension of federal anti-trust law through which Federal Trade Commission

was created to control unfair methods of competition). On the other hand, protection of

consumer rights in modern times dates back to 1962, when the Consumer Bill of Rights was

proclaimed by the US President John F Kennedy in a message to the Congress. The

message proclaimed the right to choice, the right to information, the rights to safety; and the

right to be heard. Subsequently, the right to consumer education, the right to a healthy

environment and right to basic needs (food, clothing and shelter) were added by Consumer

International.

Competition in the market for products and services is essential for a healthy growth of an

economy. Protection of consumers is accomplished by setting minimum quality

specifications and safety compliances for both goods and services; and by establishing

mechanism to redress their grievances. The objective is to ensure that presence of sufficient

numbers of producers in the market, where no one can attain a position of dominance. A

competitive market fosters investment in an economy and also helps the consumers through

maintaining a fair price in the market.

Though perfect competition is a myth and unrealistic, a good competition policy lowers

entry barriers in the market, makes the environment conducive to promoting

entrepreneurship for the growth of small and medium enterprises, which will ultimately

generate employment. Through competition policy, other forms of market failure can also

be tackled such as formation of cartels, leading to collusive pricing, division of markets and

joint decisions to reduce supply. The ultimate object of competition policy is to protect

consumers as well as producers and to ensure safeguarding of public interest.

Free and open competition lowers prices and ensures new and better products in the market,

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which in turn ensures consumer welfare. Ultimately it removes the unequal relationship

between both consumers and producers. Competition policy includes laws and policies

dealing with anti-competitive practices, as well as competition advocacy for educating the

public about the need for the policy. Any such policy generally includes economic policy

undertaken by the government and competition law.

Promotion of welfare of the consumer should be the common goal of consumer protection

and competition policy. There is a convergence between the objectives of consumer

protection and competition policy. The first and foremost fundamental right of a man is

Right to Life. Consumer protection law protects the consumers. These concern minimum

health and safety standards, information and labeling requirements, provision of advice to

consumers, and regulation of consumer credit. On the other hand, the main objective of

competition policy is to preserve and promote competition as a means to ensuring efficient

allocation of resources in an economy. It ensures fair prices and adequate supply, which

make markets work and protect the consumers from deception as they are the first to lose

when markets fail. This brings both consumer protection and competition policy under one

integrated framework.

With the process of economic liberalization since 1980s, several countries adopted policies

of deregulation, privatization and trade liberalization. Following these changes, the General

Agreement on Tariffs and Trade (GATT) and subsequently the World Trade Organization

(WTO) came into being. The WTO, with several agreements and rules, is aimed to ensure

healthy competition in the global market. So there comes the need for specific competition

rules to be integrated into the international trading system.

Though strong relationship exists between trade and competition, there is a great deal of

controversy on whether or not measures should be taken to create a multilateral set of rules

governing competition regulations. Some developing countries fear that large multinational

corporations will expand into their domestic markets and threaten the young and domestic

firms. The major players such as the US and the European Union (EU) both vigorously

support the creation of international competition policy that should be regulated by the

WTO rather than left up to individual country governments. However, competition policy is

yet to be an agreement under the WTO. Out of 149 member states of the WTO, 80 have

adopted competition policy. Though it was proposed in 1996 the same could not be adopted

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due to the strong opposition from developing countries. Through the process of

globalization, now it has become a reality to adopt consumer protection and competition

policy.

Consumer movement in Bangladesh is still in its nascent stage. Unlimited desire of

profiteering having no control brings unbearable sufferings for consumers and particularly

to people of limited income, as they cannot adjust themselves with the great and sudden

change in price level. However, Consumer protection legislation was adopted in Bangladesh

on April 1, 2009 by the Parliament when the 2008 Consumer Protection Ordinance became

law. But no legal provision exists at present in Bangladesh to provide protection against the

injuries caused by monopolies and unfair trade practices.

Bangladesh should adopt a national competition policy and accordingly enact a competition

law, which should establish a national competition authority to administer and implement

the competition policy. Policy should be made sector wise. It should be adopted by the

government at its own discretion, depending on the local context. While doing so, the

cultural differences should be taken into account. For this, utmost care is required in order

to select from the foreign experience under different cultural settings. Lack of awareness

among stakeholders about the need to formulate a competition law needs to be removed.

Steps need to be taken to make the existing bureaucracy pro-people to get maximum output

from competition policy.

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6. Consumers Association of Bangladesh (CAB)

Founded in 1978, Consumers Association of Bangladesh (CAB) is a non-government and

non-profit voluntary organization dedicated to the protection and promotion of consumers’

rights and interests in the country. It has 500 hundred regular and 100 hundred associate

members. Its mission is to empower Consumers with the knowledge and skills for the

effective protection of their rights and interests. The major areas of CAB activities are :

Consumer Information & Education, Surveillances & Monitoring on market prices and

quality of essential commodities and utility services, consumers complaints handlings,

campaign for safe foods and commodities, ethical drug promotion and safe environment,

studies & research on consumer issues and problems, Advocacy and lobby with the

government and policy makers for enactment of Consumer Protection Law.

Vision

Consumers and businesses will have a safe, fair and competitive marketplace. National

council and its local committees will be active and provide access and assistance to

individual consumers. National Council will bring a common sense approach to public

policy in resolution of consumer issues

Mission

Empowering people with the knowledge and skills for protection of their rights and interests

as consumers.

Aims & Objectives

To generate awareness among the consumers about their internationally recognized rights

and responsibilities as consumers

Promote consumer education aiming at empowering consumers with the knowledge

and skills on protection of their rights.

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To enable consumers to organize themselves in establishing and protecting their

rights and interests through organized action.

Encourage and help develop consumer associations and consumer activist groups in

the districts and at the rural level.

Focus on consumer issues and problems and develop contacts and understanding

with different groups, associations, institutions, NGOs and govt. departments and

services in furtherance of the welfare of the general consumers in the country.

Arrange for testing of products and commodities to make the market places safer

and consumer friendly.

Provide mediation and legal support to the aggrieved consumers related to violation

of their rights and interests involved in the purchase and use of commodities and

services.

Undertake research and studies on consumer issues and problems.

Exchange information and knowledge of various actions on consumers protection

with national and international organizations and agencies

To foster and develop contacts and liaison with the national and international

organizations having similar objectives.

To publish educational materials and feed consumers with information and

knowledge on consumerism, consumer issues and problems.

Undertake advocacy, representation and lobbying with the policy makers and

government for policy changes in favor of consumers’ protection.

Consumer Education:

Due to mass illiteracy and lack of appropriate protective laws the status of awareness on

consumers’ rights and responsibilities among the people in Bangladesh is generally poor. In

order to raise this awareness among the consumers CAB undertakes educational activities in

the form of seminars, workshops, training, conferences, group meetings, awareness building

campaigns, rallies, printing and distribution of educational materials on regular basis. CAB

also publishes bimonthly consumer news bulletin (Consumer Voice) to feed the consumers

with information on consumer issues, events and problems. Information on consumerism,

consumer issues and problems is also disseminated through print media in the form of

features and press release (newspapers and magazine) and through electronic media ( Radio

and TV.) in the form of discussion, slogans & T.V. spots, talk show, spots, advertising etc.

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Consumer Education Group (CEG) Development / CAB District Committee

Formation and development of consumer education volunteer groups (CEG) through

training and orientation on consumerism at different levels (district, upazilla and unions) is

a routine activity of CAB for expansion of consumer movement all over the country. These

groups are developed through training to act as pro-active consumer activists in their

respective areas and deal with consumer information and education activities, local

consumer issues and problems. They also participate in rallies and campaigns against

violation of consumers rights and interests in their respective areas.

Market Surveillance and Monitoring

Surveillance and  Monitoring on market prices and quality of essential commodities and

services is one of the regular activities of CAB and is done with a view to pressurize  the

government to take  appropriate  measurers against anti-social  price-hike,  food  and

commodity adulteration and abuses in the utility service sectors. Price monitoring is aimed

at keeping the prices stable and within the purchasing power of the common consumers.

The findings of the market survey are disseminated through press release for consumers’

awareness and action by the government. The data collected through price monitoring are

also used for determining inflation rate and preparing annual report on the prices of

essentials.

Campaign for Safe Environment

Women and children are the worst sufferers due to increasing environmental degradation

and CAB undertakes programmes to promote public awareness and their participation in the

environmentally sustainable development. Campaign activities in the form of seminars,

workshops, group meetings, rallies and street processions, production and distribution of

educational materials, writing of features, press release etc. against air and water pollution,

environmental degradation and other social abuses are organized on regular basis.

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Campaign against Tobacco

CAB has been campaigning against production and marketing of tobacco since 1981 and it

is through the continued and persistent endeavors of CAB that advertisement of cigarettes in

Radio and TV has been banned and health hazards warning signals on cigarette packs has

been introduced. CAB is a member of the Bangladesh Anti-tobacco Alliance and has been

lobbying with the government for enactment of laws putting ban on smoking in public

places as well as on advertisement of cigarettes in print media. This has, however, resulted

in the enactment of Bangladesh Tobacco Control Law 2005. CAB has now started lobbying

with the government for effective implementation of law and organizing campaign for

raising public awareness on tobacco menace to bring about tangible reduction of tobacco

use in the society.

Consumer Researches

Consumers are usually not well-informed about the products and services they use. They are

very often misled by aggressive advertisements and allured to purchase lower and under

quality products and commodities. CAB conducts testing of products and surveys on

selected commodities and services in order to provide useful information for consumers to

make informed choice. Studies and survey on important consumer issues, like health care

services in hospitals and clinics, drug abuse, violation of BMS code, Street Food Vending,

labels on products, tobacco consumption, BSTI certification marks, road accidents, level of

consumers awareness of their rights and obligations are also carried out by CAB and

findings and recommendations disseminated through press for consumer’ awareness and

action by the government.

Product Testing

Testing of various product samples picked from different markets is one of the routine

practices of CAB. Samples are tested by the government recognized laboratory and the

results are disseminated to the stakeholders including respective authorities through

reporting, publishing through print media, electronic media and through arranging

dissemination workshop.

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Research Studies

Several research and survey works on consumer’s affairs are undertaken by CAB.

Information dissemination to the stake holders and to the relevant government authorities

are the routine practices. It helps the decision makers to take action and make remedial

future action plan for assuring the rights of consumers in the Country.

Survey and research on “Awareness to the sellers and consumers regarding BSTI,

and the certification marks system of BSTI” in the year of 2000.

Survey and research on “Awareness and the status of Bangladesh on keeping the

consumers right” in the year of 2000.

Research on “Market food and packaged food” in the year of 2003.

Survey and research on “Unpackaged food in Dhaka city” in the year of 2003.

Survey and research on “Health service: The present status of Bangladesh (1.5

years) in the year of 2005.

Survey and research on “Public sentiment of sellers and consumers” in the year of

2005.

Survey report on “Livelihood expenses and pricing of product” in 1982- 2007).

Yearly survey report on “Accident on road and river transport in (2000-2004).

Survey and research on “The use of indigenous medicine in the year of 2005.

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7. Basic Consumer rights by UN

There are 8 basic rights that have been approved by UN

The right to safety: protection from hazardous goods

the right to choose: availability of competing goods and services that offer

alternatives in terms of price, quality, service

The right to be informed: availability of information required for weighing

alternatives, and protection from false and misleading claims in advertising and

labeling practices

The right to be heard: assurance that government will take full cognizance of the

concerns of consumers, and will act with sympathy and dispatch through statutes

and simple and expeditious administrative procedures.

The right to satisfaction of basic needs:to have access to basic, essential goods

and services: adequate food, clothing, shelter, health care, education, public

utilities, water and sanitation

The right to redress: to receive a fair settlement of just claims, including

compensation for misrepresentation, shoddy goods or unsatisfactory services.

The right to education: - to acquire knowledge and skills needed to make

informed, confident choices about goods and services, while being aware of

basic consumer rights and responsibilities and how to act on them.

The right to a healthy environment: -to live and work in an environment that is

non-threatening to the well being of present and future generations.

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8. Consumer Rights Protection Act 2009

With the relentless effort of the Consumers' Association of Bangladesh (CAB) since

1992, a draft Consumer Protection Act was formulated in 1998

Draft in 2000 and 2006

Ordinance in 2008

The ninth parliament on April 1 passed the Consumer Rights Protection Bill 2009

Features of the law:

o National Consumer Rights Council, which will monitor the entire process,

will be formed

o Consumer rights committees would also be formed at district level headed by

the Deputy Commissioners (DCs).

o Directorate would also be created in this regard headed by a Director General

The new law prohibits

o Sale of adulterated and fake products, and date-expired items

o Charge more than which is fixed

o Cheating in weighing goods

o Fraudulence while advertising products

New law makes it mandatory

o To use package of the product

o To show price list

o Provide promised service or product

Punishment under the new law ranges from one year to three years' imprisonment

and fine of Tk 50,000 to Tk 200,000 for any violation of the law.

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9. Conclusion and Recommendations

Some Recommendations are -

Law allowing directly filing a suit against anyone

Programs to make people aware about the law and its provisions

Sellers has to take liabilities

More active participation of media in creating awareness

10. Bibliography

www.thedailystar.net

www.theindependent-bd.com

en.wikipedia.org

www.consumerbd.org

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