Law letter
Need for a quasi-judicial body to redress consumer disputes
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Photo: wfdsa.org |
A consumer is a person, who purchases goods or services for his own consumption and not for resale. In a free market economy, consumers have a great importance. So, it is said that “Consumer is a king, in a free market economy”
In Bangladesh, there is an association for consumers, which is called “Consumer Association of Bangladesh” (CAB). CAB is performing a great role for the protection of consumers' rights. Moreover, Consumer Protection Act is expected to be passed within a short time.
Presently, we are in need of a “Quasi-judicial” body for redressing consumer disputes. The proposed quasi-judicial body can be similar, in hierarchy and in structure, to that of our neighbouring country.
The structure of the quasi-judicial body of India is as fallows:
(i) District Forum
(ii) State Commission
(iii) National Commission
Thus our neighbouring country has three-tier redressing machinery. At the bottom of which is the District Forum, above it is the State Commission and at the top is the National Commission.
Since Bangladesh is a smaller country, it can have two tiers of redressal mechanism instead of three. Bangladesh can have, (i) District Forum and (ii) National Commission. Bangladesh can omit the State Commission because it does not have provinces. Further Bangladesh can also change the nomenclature of the quasi-judicial bodies. The names of the quasi-judicial bodies can be as fallows:
(i) District Consumer Tribunal
(ii) National Consumer Tribunal
The jurisdiction of the proposed redressal body can be as fallows:
(i) The District Consumer Tribunals can have territorial jurisdiction throughout respective districts of Bangladesh.
Regarding pecuniary jurisdiction, it could be limited to, say for example, 5 lac or 10 lac taka. Regarding the subject matter it should be able to entertain all cases regarding consumer disputes.
(ii) The National Consumer Tribunal should have territorial jurisdiction all over Bangladesh. As for pecuniary jurisdiction it should have original jurisdiction for cases above the District Consumer Tribunal's limit, that is to say from above 5 lac or 10 lac taka to unlimited amount. The National Consumer Tribunal should have appellate and revisional jurisdiction. It should be able to receive appeals from the District Consumer Tribunal and it should also have the power to call for revision of any case which is pending before or has been decided by the District Consumer Tribunal.
According to Article 109 of Bangladesh Constitution, the High Court Division shall have superintendence and control over all courts and tribunals subordinate to it. Since the proposed quasi-judicial bodies for redressing consumer disputes falls within the category of a tribunal, they should be under the supervisory jurisdiction the High Court Division.
So, by the establishment of quasi-judicial bodies, consumers can have great relief. The trial will be much quicker, cheaper and easier. The procedures of the civil courts are very lengthy, expensive and complicated.
Syed Gouseuzzaman Haideri Ali
Advocate of the Supreme Court of Bangladesh
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Our Constitution is silent about the “Office of Profit”
According to Article 99(1) of our Constitution, “A person who has held office as a judge otherwise than as an Additional Judge shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any office of profit in the service of the Republic not being a judicial or quasi-judicial office [or the office of Chief Advisor or Advisor]”.
The Supreme Court held in its decision that the posts of President, Prime Minister, Minister, Chief Advisor or Advisor are not Offices of Profit. Now the question arises that which posts would be called offices of Profit. It's disappointing that our constitution is silent about the definition of Office of Profit. At present, some people are surfacing their voice for bringing about changes in our Constitution. My earnest request would be to consider change in this regard.
Mohammad Rayhan Uddin
Student, Faculty of Law, Premier University, Chittagong
