Enforcing the Consumer Protection Act
Saturday, 19 December 2009
The Consumers Rights Protection Act-2009 that was adopted early in the current year raised a great deal of expectation. First of all, the legislation has a long and harried history. It was conceived from greater consumer awareness and media pressures amid mounting agonies the people faced from all kinds of deceits and exploitation in wide ranging areas of consumption such as foodstuffs, medicines, etc. But it took longer than a decade from its first drafting to its final enactment as law. Successive governments dragged their feet in submitting it in parliament and getting it approved. The draft was amended many times to provide some justification for delaying the enactment. Interest groups from among the producers and providers of services played a hidden role in blocking its coming into effect for the obvious reasons.
But now, even after the introduction of the law at long last, its enforcement remains a largely unfinished businesses. The law for the protection of the rights of consumers has many facets to it. It requires a number of mechanisms for its proper enforcement including special courts and offices where consumers' complaints would be heard and accepted for starting cases. There are also capacities to be created at various levels as well as sorting out coordination among them for the efficacious operation of the law. Although nearly a year has passed since the legislation was passed in parliament, activities towards setting up the mechanisms to enforce the law effectively, have hardly started. So, one may wonder whether the establishment of these capacities will take another decade or so just like the way time was wasted in considering the law for adoption. Clearly, a new piece of legislation is introduced to address issues of importance from the perspective of public interest. If this criterion is not met, then merely the symbolic availability of a law is hardly anything but an empty gesture.
Besides, the law also suffers from serious deficiencies. In a roundtable discussion held recently, the participants pointed out that the law lacks vital provisions which aggrieved consumers would need to be duly compensated. It was also stressed that there is no adequate provision in it to take steps against dishonest traders for unjustified price hiking. Other deficiencies were also discussed at the roundtable and the discussants, according to media reports, considered the law to be far different from the ones that operate in other countries where consumer protection has proved to be truly effective from the existence of such laws. Therefore, the first requirement appears to be the fastest examination of the law by experts and the Law Commission and to submit their recommendations to the government for further upgrading it. Simultaneously, the government needs to be resolved to speed up the implementation of the law. Thus, no further time should be wasted in acquiring all the capacities that would be needed, in the physical sense, to give a spur to its enforcement at the field levels.
Why the Consumer Rights Protection Act should start playing its part in bringing about fastest redress of consumer grievances, needs no explanation. Public health in Bangladesh today remains seriously under a threat from the freestyle marketing of substandard and fake food and medicine products that have been ruining the health of the people on a large scale. Similar gross violation of consumers' rightful interests in many other areas of consumption of goods and services have to be passively tolerated by the consumers as there are hardly enforceable legal means for them to rely on and press for penalties and remedies. Therefore, proper enforcement of the Consumer Protection Act after its upgrading can no more be dilly-dallied if it is to serve a purpose.
But now, even after the introduction of the law at long last, its enforcement remains a largely unfinished businesses. The law for the protection of the rights of consumers has many facets to it. It requires a number of mechanisms for its proper enforcement including special courts and offices where consumers' complaints would be heard and accepted for starting cases. There are also capacities to be created at various levels as well as sorting out coordination among them for the efficacious operation of the law. Although nearly a year has passed since the legislation was passed in parliament, activities towards setting up the mechanisms to enforce the law effectively, have hardly started. So, one may wonder whether the establishment of these capacities will take another decade or so just like the way time was wasted in considering the law for adoption. Clearly, a new piece of legislation is introduced to address issues of importance from the perspective of public interest. If this criterion is not met, then merely the symbolic availability of a law is hardly anything but an empty gesture.
Besides, the law also suffers from serious deficiencies. In a roundtable discussion held recently, the participants pointed out that the law lacks vital provisions which aggrieved consumers would need to be duly compensated. It was also stressed that there is no adequate provision in it to take steps against dishonest traders for unjustified price hiking. Other deficiencies were also discussed at the roundtable and the discussants, according to media reports, considered the law to be far different from the ones that operate in other countries where consumer protection has proved to be truly effective from the existence of such laws. Therefore, the first requirement appears to be the fastest examination of the law by experts and the Law Commission and to submit their recommendations to the government for further upgrading it. Simultaneously, the government needs to be resolved to speed up the implementation of the law. Thus, no further time should be wasted in acquiring all the capacities that would be needed, in the physical sense, to give a spur to its enforcement at the field levels.
Why the Consumer Rights Protection Act should start playing its part in bringing about fastest redress of consumer grievances, needs no explanation. Public health in Bangladesh today remains seriously under a threat from the freestyle marketing of substandard and fake food and medicine products that have been ruining the health of the people on a large scale. Similar gross violation of consumers' rightful interests in many other areas of consumption of goods and services have to be passively tolerated by the consumers as there are hardly enforceable legal means for them to rely on and press for penalties and remedies. Therefore, proper enforcement of the Consumer Protection Act after its upgrading can no more be dilly-dallied if it is to serve a purpose.