Legal remedies if you are cheated while purchasing products online
In 2009, a law was enacted to protect consumer rights and prevent acts against rights, called the Consumer Rights Protection Act 2009. If consumers are cheated while buying products online or offline, they basically get redress under this law. Currently, the prevalence of online shopping has increased a lot. Similarly, many have been cheated. If someone sells products by falsely advertising, it is a fraud and treated as a punishable offense by this act.
Again, if the quality of the product is not right one as purchased, it is also a fraud and a punishable offense. The maximum punishment under the law is one year in prison and a maximum fine of taka 2 lakh, or both. The punishment varies depending on the crime as stated in this act of 2009. After collecting the fine from the convicted person, 25% of it is given to the complainant.
To get redress in this legal process, there are three provisions in the law. One is redress in administrative management, currently there is an office of the National Consumer Rights Department at the upazila level. The other is redress through the application of existing laws, such as the application of the Criminal Procedure Code for criminal case.And the other is redress through the civil court under the Civil Procedure Code.
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However, action can be taken in both legal forum as mentioned above. Remedy in administrative management means applying to the Director General of the National Consumer Rights Protection Department, the application is available online. On the other hand, under the Criminal Procedure Code, i.e. if you want to file a criminal case, you can file a case in the relevant Chief Judicial Magistrate Court or Chief Metropolitan Magistrate Court regarding the matter of being cheated.
Again, you can file a case in the Civil Court of the Joint District Judge seeking compensation. In addition to the existing law, the National Digital Commerce Policy in 2018 and the Guidelines on E-Commerce Business in 2021 have been adopted for online buying and selling. To lodge any action against cheating, such information is required in the complaint.
If there is a complaint, everyone must file a complaint by mentioning the purchase and sale receipt, the full information and statement of the institution from which the purchase was made, mobile number and the full names and addresses of 2 witnesses in support of the claim. Keep in mind that since there is a time limit in the lawsuits, necessary legal action should be taken within 30 days of being cheated.
Written By Md. Juwel Azad; Advocate, Supreme Court of Bangladesh. Can be reached to writer via mail- lawyerjuwel@gmail.com
