Law campaign
Consumer Rights Protection Act needs revision
Oli Md. Abdullah Chowdhury
WHEN Consumer Rights Protection Act (CRPA) was promulgated, conscious consumers expected a change in trading system. The Consumer rights protection department has recently been set up in line with the Consumer Rights Protection Act which was passed in parliament last year. The 21-member national consumer rights protection council was also formed in the light of the law. The hope of the consumers shattered quickly as the law proves inadequate to protect the interest of the consumers.
Limitations of the Act
There are not only unfavourable provisions in the law, but there is a section impeding individual's access to justice also. The law does not provide consumers a scope to file allegation directly to a magistrate seeking justice. Limitations of the act also include:
Permission to suit a file
It has been made mandatory in the act for the aggrieved person to get permission from the National Consumer Rights Protection Directorate in order to file a suit. Section 71(1) of the CRPA stipulates no individual can make any complaint about violation of consumer rights to the court of a 1st class magistrate or the CMM. This provision simply impedes access to justice.
Tenure of punishment
Interestingly, this act covers some aspects of health services. There has been a provision of 3 years of imprisonment and/or fine of Tk. 300,000 for selling illegal drugs in the Section 41 of the CRPA. Apart from health services, the act however remains silent related to other utility services like gas, electricity and water.
Lack of provision for compensating the consumer
There is no provision for the consumer to get compensation for the damaged done. The act is silent in this aspect. On the contrary, the act provides that if a seller sells any defective product with bona fide intention, he is not to be liable.
Dependent on Bureaucracy
The CRPA has been enacted such a way that the implementation largely depends on the action of bureaucracy. Bureaucrats employed by the government hold different positions in the department and council. Many of them have additional responsibilities and lack effort in ensuring rights of the consumers.
Consumer Protection Act in India
In India, there exists the Consumer Protection Act 1986 laying down the rights of the consumers. To provide inexpensive, speedy and summary redress of consumer disputes, quasi-judicial bodies have been set up in each district and state.
Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court. The National Commission is headed by a sitting or retired Judge of the Supreme Court of India.
The provisions of this Act cover 'goods' as well as 'services'. The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees but only a nominal fee.
Alternative Dispute Resolution for Consumers in UK
In UK, there are 3 types of ADR to deal with consumer disputes. They are conciliation, arbitration and mediation. There is also a Financial Ombudsman Service (FOS) for services provided by insurance companies, banks and building societies in UK. A matter could only be referred to FOS when consumers have already completed the supplier's internal complaints procedure.
The suppliers in UK usually accept a recommendation or a ruling by FOS, but directives are not legally binding upon them. Consumers can still take court action if they are not satisfied. However, the court will take the Ombudsman's ruling into account when deciding the claim.
To recapitulate, some sections of CRPA require amendments to make the law effective and the government should carry out the task expeditiously in consultation with consumer rights groups. While reviewing the act, a process of alternative dispute resolution needs to be incorporated. The number of pending cases is quite high in our courts and benches should not be further burdened with cases. Alternative dispute resolution mechanism if incorporated in the CRPA would provide an opportunity for consumers to settle dispute even without going to council or court.
The writer is a human rights worker.
