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Implementing Consumer Rights Conservation Law is Must

Implementing Consumer Rights Conservation Law is Must

Md. Arafat Rahman

A consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing. Consumer protection can also be asserted via non-government organizations and individuals as consumer activism. Efforts made for protection of consumer's right and intrest are:- The right to satisfaction of basic needs, the right to safety, the right to be informed, the right to choose, the right to be heard, the right to redress, the right to consumer education and the right to a healthy environment.

The consumer movement marks 15th March with World Consumer Rights Day every year, as a means of raising global awareness about consumer rights and needs. Celebrating the day is a chance to demand that the rights of all consumers are respected and protected, and to protest against market abuses and social injustices which undermine those rights. World Consumer Rights Day was inspired by President John F Kennedy, who sent a special message to the US Congress on 15th March 1962, in which he formally addressed the issue of consumer rights.

Anti-consumer rights activities include: (a) selling or offering to sell any product, drug or service at a price higher than the price fixed under any law or regulation, (b) knowingly selling or offering adulterated products or drugs, (c) to sell or offer to sell any product or service which is seriously harmful to human health, any food product which is prohibited under any law or regulation, (d) false or misleading advertisement for the purpose of selling any product or service by deceiving the general buyers.

(e) not properly selling or supplying the promised goods or services for the price paid, (f) selling or supplying goods weighing less than the promised weight to the consumer at the time of supply or sale of any product, weighing instrument used in measurement work to show excess weight more than actual weight, (g) to sell or supply any product less than the promised measure, (h) measurement tape used to be longer than the actual length used.

(i) manufacturing counterfeit goods or medicines, (j) sell or offers to sell expired products or medicines and does any work which may endanger the life or safety of the service recipient and prohibited under any law or regulation. The law was enacted on April 9, 2006 to protect consumer rights in Bangladesh. Any person who violates the obligation of any law or regulation to sell a product in a package and to clearly state the weight, quantity, material, usage code, maximum retail price, date of manufacture, date of packaging and expiry date of the product on the packaging will be given imprisonment for a year or a fine not exceeding fifty thousand taka or both.

If a person disobeys the obligation imposed by any law or rule and does not display the price list of the product in a conveniently visible place of his shop or organization, he shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding fifty thousand taka or both. If a person disregards the obligation imposed by law or rules and does not save the service price list of his shop or organization and does not display the said list in the relevant place or in an easily visible place, he shall be liable to imprisonment for a term not exceeding one year or not more than fifty thousand taka.

If a person offers to sell or sell any product, medicine or service at a price higher than the price fixed under any law or regulation, he shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding fifty thousand taka or both. Anyone who knowingly sells or offers to sell adulterated products or medicines will be liable to imprisonment for a term not exceeding three years, or a fine not exceeding two lakh taka, or both.

Any substance that is harmful to human life or health, any food product which is prohibited under any law or regulation, if any person mixes such substance with any food product, he shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding two lakh taka, or both.

A person who produces or processes a product in a process which is harmful to human life or health, which is prohibited under any law or regulation, is liable to imprisonment for a term not exceeding two years, or a fine not exceeding one lakh taka, or both. If a person deceives the public by false or misleading advertisements for the purpose of selling a product or service, he shall be liable to imprisonment for a term not exceeding one year, or a fine not exceeding two lakh taka, or both.

If a person does not properly sell or supply the promised goods or services at the price paid, he will be liable to imprisonment for a term not exceeding one year, or a fine not exceeding fifty thousand taka, or both. If a person sells or delivers a product below the promised weight to the consumer at the time of supply or sale, he shall be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding fifty thousand taka, or both. Weighing scales used in a person's shop or business for the purpose of selling or supplying any goods, if the weight more than the actual weight, he shall be liable to imprisonment for a term not exceeding one year, or a fine not exceeding fifty thousand taka, or both.

If a person manufactures counterfeit product, he is liable to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh taka or both. If a person sells or offers to sell an expired product or medicine, he will be liable to imprisonment for a term not exceeding one year or to a fine not exceeding fifty thousand taka, or both. Any person who commits any act which may endanger the life or safety of the service recipient by violating the prohibitions laid down under any law or regulation, may be liable to imprisonment for a term not exceeding three years, or a fine not exceeding two lakh taka, or both.

Any service provider causing negligence, irresponsibility or carelessness to the service recipient will result in imprisonment for a term not exceeding three years, or a fine not exceeding two lakh taka, or both. If a person files a false or harassing case with the intention of harassing or humiliating the public or causing harm to his business, the person is liable to imprisonment for a term not exceeding three years, or a fine not exceeding fifty thousand taka, or both. If a person convicted of an offense under the Consumer Protection Act commits the same offense again, he is liable to double the maximum penalty for that offense. In addition, the court may, if it deems fit, order the confiscation of illegal goods or materials.

The writer is a, Columnist Official of Southeast University, Dhaka

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