Consumer Rights Law Awards Complainants 25% of Collected Fines

The Consumers' Right Protection Act, 2009, provides the legal framework to take action against food adulteration, fraud, overcharging, misleading advertisements and various other practices that violate consumers' rights.

Anyone found guilty of violating the law may face imprisonment, a fine, or both. At the same time, if a complaint is proven, the complainant is entitled to receive 25 per cent of the fine realised from the offender, a provision aimed at encouraging consumers to report violations.

The law is not limited to combating food adulteration. It also empowers the authorities to take action against offences such as tampering with weights and measures, selling counterfeit or expired products, marketing unauthorised medicines or cosmetics, publishing deceptive advertisements and charging prices higher than those fixed by the authorities.

Section 36 of the Consumers' Right Protection Act states that if, during an inquiry, investigation or trial, any product is found to be visibly adulterated, unfit for human consumption or harmful to public health, and the accused does not deny the allegation, the product may be seized immediately. The seized product may subsequently be used, transferred, destroyed or otherwise disposed of in accordance with the prescribed procedures.

Under Section 37 of the Act, anyone who violates the legal requirement to sell a product in a sealed package bearing clear information on its weight, quantity, ingredients, directions for use, maximum retail price, date of manufacture, date of packaging and expiry date is liable to imprisonment for up to one year, a fine of up to Taka 50,000, or both.

Regarding the display of price lists, Section 38 provides that any person who fails to display the price list of products at a clearly visible place in his or her shop or establishment shall be punishable with imprisonment for up to one year, a fine of up to Taka 50,000, or both. Section 39 further stipulates that any person who fails to maintain a price list for services and display it at the relevant place or at another easily visible location in the establishment shall be subject to the same punishment.

Section 40 clearly states that any person who sells or offers to sell any product, medicine or service at a price higher than the prescribed price shall be punishable with imprisonment for up to one year, a fine of up to Taka 50,000, or both. The Act also provides that any person who knowingly sells or offers for sale any adulterated product or medicine shall be liable to imprisonment for up to three years, a fine of up to Taka two lakh, or both.

Meanwhile, under Section 42 of the Act, any person who mixes with a food product any substance that is prohibited under the law or the rules because it is harmful to human life or health shall be punishable with imprisonment for up to three years, a fine of up to Taka two lakh, or both. Section 43 further provides that any person who manufactures or processes any product using a method prohibited under the law or the rules because it is harmful to human life or health shall be liable to imprisonment for up to two years, a fine of up to Taka one lakh, or both.

Under Section 44, any person who deceives consumers through false or misleading advertisements for the purpose of selling any product or service shall be punishable with imprisonment for up to one year, a fine of up to Taka two lakh, or both. Section 45 stipulates that any person who fails to sell or supply the promised product or service in exchange for the price paid by a consumer shall be punishable with imprisonment for up to one year, a fine of up to Taka 50,000, or both.

Regarding penalties for tampering with weights, Section 46 of the Act provides that any person who supplies or sells a product weighing less than the weight promised to the consumer shall be punishable with imprisonment for up to one year, a fine of up to Taka 50,000, or both.

On the other hand, if the weights or weighing instruments used in a shop or business establishment display a weight higher than the actual weight, the person concerned shall, under Section 47 of the Act, be liable to imprisonment for up to one year, a fine of up to Taka 50,000, or both. Similarly, under Section 48, any person who sells or supplies a product in a quantity less than that promised to the consumer shall be punishable with imprisonment for up to one year, a fine of up to Taka 50,000, or both.

Section 49 further provides that any person found to have tampered with a measuring tape or any other measuring instrument used for measuring length shall be liable to imprisonment for up to one year, a fine of up to Taka 50,000, or both. Under Section 50, any person who manufactures or produces counterfeit goods shall be punishable with imprisonment for up to three years, a fine of up to Taka two lakh, or both.

Section 51 stipulates that any person who sells or offers for sale any expired product or medicine shall be liable to imprisonment for up to one year, a fine of up to Taka 50,000, or both. Speaking about the significance of the Act and the current state of consumer rights protection, Supreme Court lawyer Barrister HM Sanzid Siddiqui said, "The Consumers’ Right Protection Act, 2009 has emerged as an important legal safeguard for consumers in Bangladesh. However, to ensure the full benefits of the law, emphasis must be placed not only on its strict enforcement but also on raising public awareness, strengthening technology-driven market surveillance and ensuring the prompt disposal of complaints."