THE CONSUMERS’ RIGHT PROTECTION ACT. 2009, PART 1

An Act to make provisions for the protection of the rights of the consumers,
prevention of anti-consumer right practices and for matters connected therewith.

Whereas it is expedient and necessary to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith;

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

Ministry of Law, Justice and Parliamentary Affairs
Legislative and Parliamentary Affairs Division

NOTIFICATION
Dated the 20th January, 2014

S.R.O. No. 08-Law/2014—In exercise of the powers conferred by section 82 of the consumers’ Right Protection Act, 2009 (Act No. 26 of 2009), the Government is pleased to publish the following English translation of the Act to be called the Authentic English Text of the Act, and it shall be effective from the date on which the Act comes into force under sub-section (2) of section 1 of the Act :

The Consumers’ Right Protection Act, 2009
(Act No. 26 of 2009)

[ 6th April, 2009 ]

An Act to make provisions for the protection of the rights of the consumers,
prevention of anti-consumer right practices and for matters connected

therewith.

Whereas it is expedient and necessary to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith;

( 1891 )

It is hereby enacted as follows :—

Chapter I
Preliminary

  1. Short title and commencement.—(1) This Act may be called the Consumers’ Right Protection Act, 2009.
  • It shall come into force at once.
  1. —In this Act, unless there is anything repugnant in the subject or context—
  • “Directorate” means the Directorate of National Consumers’ Right Protection established under section 18;
  • “complaint” means any allegation made in writing by a complainant to the Director General against any seller for any anti­consumer right practice under this Act.
  • “complainant” means the following person or persons who make any complaint under this Act, namely :—
  • any consumer;
  • one or more consumers having same interest;
  • any consumer association registered under any Act;
  • the National Consumers’ Right Protection Council or any officer authorized to file any complaint on its behalf;
  • the Government, or any Government officer authorized by the Government in this behalf; or
  • the concerned wholesaler and retailer;
  • “manufacturer” means a person who—
  • makes or manufactures any goods or part thereof;
  • does not make or manufacture any goods but lawfully assembles parts of goods made or manufactured by others and claims the goods so assembled as manufactured by him;
  • lawfully puts or causes to be put his own trademark on any goods made or manufactured by any other manufacturer and claims such goods to be made or manufactured by him; or
  • where the goods are manufactured outside Bangladesh and the manufacturer of the goods does not have any branch office or business office in Bangladesh, imports and distributes such goods;

Explanation : Where the local manufacturer assembles any goods or parts thereof in any of its self-controlled or self- conducted branch office, such branch office shall not be deemed to be the manufacturer even though the parts are assembled at such branch office;

  • “medicine” means allopathic, homeopathic, unani, ayurvedic or any other medicine used for preventing or curing of diseases of human beings, fishes and livestock;
  • “imprisonment” means rigorous or simple imprisonment;
  • “foodstuff” means any article of food including fruits and drinks for the livelihood, nutrition and protection of health for human, fishes and livestock;
  • “laboratory” means any laboratory or organization, by whatever name it is called, established by or under any Act or recognized by the Government;
  • “fake” means making or manufacturing of similar goods without authorization imitating the goods authorized for marketing whether the properties, ingredients, elements or quality of the goods authorized exist or not in such fake goods;
  • “prescribed” means prescribed by rules and until such rules are made, prescribed by written order of the Director General;
  • “goods” means any movable commercial commodities which the buyer buys or contracts to buy from any seller in exchange of money or price;
  • “Council” means the National Consumers’ Right Protection Council established under section 5;
  • “regulations” means regulations made under this Act;
  • “Code of Criminal Procedure” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

“rules” means rules made under this Act;

  • “seller” means any manufacturer, maker and supplier of any goods and also includes wholesaler and retailer;
  • “person” means any person, company, society, partnership firm, statutory or other organization and also includes representatives thereof;
  • “adulteration” means adulteration defined in section 3(1) of the Pure Food Ordinance, 1959 (Ordinance No. LXVIII of 1959) and mentioned in section 25C of the Special Powers Act, 1974 (Act No, XIV of 1974) or any other law;
  • “consumer” means any person,—
  • who, without resale or commercial purpose,—
  • buys any goods for a consideration which has been paid or promised to be paid;
  • buys any goods for a consideration which has been partly paid and partly promised; or
  • buys any goods for a consideration under any system of deferred payment or installment basis;
  • who uses any goods bought under clause (a) with the consent of the buyer;
  • who buys any goods and uses it commercially for the purpose of earning his livelihood by means of self-employment;
  • who,—
  • hires or in any other means avails of any service for a consideration which has been paid or promised to be paid; or
  • hires or in any other means avails of any service for a consideration which has been partly paid and partly promised; or
  • hires or in any other means avails of any service for a consideration under any system of deferred payment or installment basis; or
  • who enjoys any service under clause (d), with the consent of the person who hires or avails it;
  • “anti-consumer right practice” means,—
  • to sell or offer to sell any goods, medicine or service at a higher price than the fixed price under any Act or rules;
  • to sell or offer to sell adulterated goods or medicine knowingly;
  • to sell or offer to sell any goods containing any ingredient which is extremely injurious to human health and the mixing of which with any food item is prohibited under any Act or rules;
  • to deceive consumers by untrue or false advertisement for the purpose of selling any goods or service;
  • not to sell or deliver properly any goods or services promised to sell or deliver in consideration of money;
  • to sell or deliver less quantity of goods than the weight offered to the consumers while delivering or selling any goods;
  • to show more than the actual weight by the weight stone or any other weight measuring instrument used for measuring weight in selling or delivering goods in a commercial enterprise;
  • to sell or deliver less quantity of goods than the promised amount while delivering or selling any goods;
  • to show more than the actual length by the length measuring gauge or anything else used for measuring length in selling or delivering goods in a commercial enterprise;
  • to make or manufacture any fake goods or medicine;
  • to sell or offer to sell goods or medicine the date of which has expired; or
  • to do an act which may endanger life or security of the consumer and which is prohibited by any Act or rules;
  • “Director General” means the Director General of the Directorate of National Consumers’ Right Protection; and
  • “service” means transport, telecommunication, water supply, drainage, fuel, gas, electricity, construction, residential hotel and restaurant and health services, which is made available to its users in exchange of price but does not include the services rendered free of cost.
  1. This Act to be deemed as additional.—Without prejudicing any provision relating to the concerned matter of any other law for the time being in force, the provisions of this Act shall be applied to the matter in addition to such provision.
  2. Exemption from this Act.—The Government may, by notification in the official Gazette, exempt any service or area from the application of this Act for a specific period of time.

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