In several consumer rights laws, the suffering consumer cannot lodge a case; the authority files the case on behalf of the consumer.
Human rights activists and lawyers say that in this system, people can be deprived of justice.
Relevant quarters feel that it’s better to give consumer his/her rights and refrain from going into legal entanglements.
Consumer Protection Law 2009 states that within its purview, 1. Direct case cannot be lodged at the magistrate or the metropolitan courts; 2. A consumer who wants to lodge a complaint can do so to the DG or a magistrate or any other official designated by the DG.
Meanwhile, safe food law 2013 states that food buyer, consumer, food supplier or any other person can submit a written complaint to the designated representative.
The second clause of the law states that after the designated official is aware of the crime, necessary tests will be done and then, a case will be lodged at the food related court.
Former executive director, Nur Khan, said: “If the aggrieved cannot lodge a case directly, the taking of the case depends on the will of the police; this is disquieting for the disgruntled consumer.”
In many cases, the police ask the complaint to be submitted as General Diary or GD, instead of First Information Report, FIR, he said, adding: “Consequently, the consumer is deprived of his/her rights.”
Supreme-court lawyer, Shihab Uddin Khan said: “If the investigating official is inactive or becomes influenced then the consumer is affected.”
Monitoring becomes easy if one can lodge a direct case, he observed.
He also observed: “On many occasions, the consumer cannot face the lengthy legal process or does not have the financial means for a legal case; also, a case lodged by a third person is susceptible to manipulation.”
Assistant director of the Directorate of Consumer Rights Protection Bangladesh, Masum Arefin, adds: “The legal process is not very effective; however, if a consumer is adamant in lodging a case then s/he can do so through other existing laws.”
“If someone wants then s/he can go to court; we are providing a remedy and managing to settle a case within 15/20 days.”