Ensuring the rights of consumers

Every citizen of the country is a consumer. In every country, consumers are considered the core foundations of all business activities and securing their interests become the paramount responsibility of the state, followed by legal punishment for violators. Manufacturers and service providers are made to tailor their operations with quality products and services, which are not only profitable but also ethical, for the satisfaction of all stakeholders. However, the concept of consumer rights is yet to gain solid ground in Bangladesh.

The purpose of consumer rights campaign is to unite consumers – a large but often fragmented group -and reiterate that the producers and sellers must not break their promises or otherwise abuse the consumers that are so vital to their businesses. It is ironically true that very few people in Bangladesh are aware of their rights as consumers and a larger slice of this small segment is incapable by one way or other to spearhead efforts to get their rights implemented at any level.

The people are buying food adulterated with poisonous substance finding no alternative. Few of them insist on their right to have fresh, healthy safe and unadulterated food. Many Bangladeshis visiting developed countries have witnessed firsthand how pure edibles are in those countries. On the other hand, Bangladeshis consume products that are so polluted that it’s something of a miracle that our population is still growing. Not just food, people in general have not been able to assert their rights while purchasing many other items with their hard-earned money–from a bottle of insect repellent to the latest gadgets. And the unscrupulous businessmen, who are formidable in numbers, are obviously happy at the prevailing status quo.   

There are a few organisations who have been working hard and sincerely to raise awareness about consumer rights among the citizens. While they have been successful to some extent much remains to be done. Consumer protection laws do exist in Bangladesh. These laws–which include Control of Essential Commodities Act 1956, Pure Food Ordinance 1959, Standard of Weights and Measures Ordinance 1982, Drug Control Ordinance 1981 and 1982, Breast Milk Substitutes (Regulation of Marketing) Ordinance 1984 and 1989, Standard and Testing Institution Ordinance 1985 and 1988–  are designed to prevent businesses that engage in fraud or unfair practices. The laws to preserve consumer rights are a form of government regulation aimed at protecting the interests of the consumers. As is the case in many other fields the problems lie in the implementation of these well-intentioned laws. The consumers, though huge in numbers are not organised and do not usually get the support from the concerned authorities. On the other hand, unscrupulous traders have managed to build up an unholy nexus with rogue law enforcers and corrupt officials who often turn a blind eye to the interests and rights of the consumers.  

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 the offender 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 anomalies, 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 simple and easily comprehensible manner. The government machineries from the implementation point of view are very weak. As the government machineries do not work smoothly, the NGOs should come forward with a programme designed to help the consumers. There is no serious commitment and plan of action regarding the protection of consumers.

It may be mentioned that, in Bangladesh some of NGOs with regard to protection of consumers have been established and they have been campaigning for the legal protection of consumers, and in some cases giving help in the way of legal aids.

Very unfortunately in this country there is no separate court for consumers’ rights. Also unfortunate is the fact that the consumers lack proper authority to go to the court to bring action against those who violate the consumers’ rights. They have to rely on the concerned government officials to ensure effective action against corrupt traders. 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. In the media there have been unfavourable reports regarding efficiency and integrity of certain BSTI officials.

The lack of implementation of existing laws can and do result in artificial shortage of essential commodities arbitrary price hikes, poor quality products and services, sale of hazardous products and misleading advertisements. Let’s discuss a bit more on advertisements which make false and unsubstantiated claims. We often hear or read huge settlements being made abroad between consumers and companies. For overstating the benefits of its yoghurt, Dannon had to cough up $35 million. The Wrigley gum company had to shell out $6 million for falsely claiming that its Eclipse brand gum and mints were proven to kill germs that caused bad breath. A few years back, Coca-Cola and partner Nestle were unable to substantiate claims that Enviga, the green tea energy drink, causes weight loss and had to agree to pay $650, 000 and also to disclaim weight-loss benefits.

In Bangladesh, with the proliferation of various media outlets, the consumers are bombarded day and night by advertisements of hitherto unfamiliar products that make semi-true or false claims with little accountability. This writer is unaware of a single case being filed in Bangladesh regarding misleading claims, which lead to large and exemplary settlements like in the developed world.

Consumer protection organizations, governments, judiciary, print and electronic media are very active throughout the world in introducing consumer protection laws, establishing consumer courts and ensuring that relevant laws are strictly enforced. It is not only the sole responsibility of government but the giant corporations or small manufacturers and consumer protection organizations should also share their onus by raising awareness among the masses.

In spite of the prevailing situation the consumers can take some steps that will ensure their rights to some extent. As indicated earlier in Bangladesh the problem is both in the implementation and then the informed decision of the public. Many of the consumers, if faced with a problem, just don’t know where to go and get their issues resolved. As consumers it is very important to preserve the documentation of our purchase (receipts). Often people just don’t care about them and throw it away. They are under the impression that the gadget they have purchased is of good quality and there will be no problem in the future. Many of the products come with a one year or two-year warranty. However, if there is any problem with the gadget the warranty card is nowhere to be found. The consumers should try to reputable stores, check manufacture and expiry date, net and gross weight, seals and packing.

The writer is Senior Assistant Editor at The Business Post. He can be contacted at: smmsagar48@gmail.com