The Consumer Rights Protection Act 2009 in Bangladesh: Revisiting with Reformative Approach

Abstract

Consumer protection through legislative intervention is considered to be the most effective way to ensure the rights of the consumers. The Consumer Rights Protection Act of 2009 was enacted in Bangladesh in order to safeguard the rights of the consumers mainly from hazardous goods and services. Some provisions of reparation by means of compensation, product refunding etc. were inserted here as a part of civil redress process apart from criminal prosecution against the offenders. However, it is a matter of great regret that this unique legislation had been ineffective from the very starting point of its execution in 2009 due to some inherent problems. Problems like bureaucratic constitution and power of National Consumer Rights Protection Council, exclusionary provisions for the consumers' direct access to the court to seek remedy, excessive power of the consumer directorate, limited scope in addressing service sector, absence of legal experts in executing bodies and council, non representation of core consumers from grass root level, shortage of funds of the consumer awareness and advocacy etc. have forcefully made this core consumer protection legislation to remain obsolete till today. This article aims to find out the loopholes of the Consumer Rights Protection Act, 2009 in Bangladesh and to give proper suggestions thereof resorting to comparative analysis especially with India and previous drafts on consumer protection available in Bangladesh.