Consumers ensnared in loopholes

The number of complaints against online businesses is steadily growing along with the mushrooming of the e-commerce sites. The Directorate of National Consumer Rights Protection (DNCRP) seldom succeeds in redressing the grievances.

Between July 2018 and February 2021, the DNCRP recorded 8,416 complaints by consumers. Of the complaints, 4,091 or 51 per cent were lodged against e-commerce sites in the last eight months.

Officials of the civic group Consumers Association of Bangladesh (CAB) said that a few consumers reach DNCRP while most of the cheated or affected ones avoid complaining.

Although the DNCRP addresses grievances against the brick-and-mortar stores, the directorate is yet to set any visible example of fining the big e-commerce sites. DNCRP officials said that the site operators set terms and conditions in English, confusing the clients.

Many e-commerce sites set random terms and conditions for the clients as the commerce ministry is yet to fix any guidelines.

Since 6 April 2010, the DNCRP has conducted more than 41,000 drives and fined around 97,000 service providers with about Tk680 million (68 crore).

In the 10 years, DNCRP has resolved 37,909 against 39,801 complaints by the consumers. Different shops, hotel, restaurants, pharmacies and retailers were among the ventures brought under DNCRP raids.

There are allegations that the DNCRP seldom conducts drives against public service providers though consumers are often deprived of necessary services from the Dhaka WASA, city corporations, BTCL and power and energy supplying public offices. DNCRP doesn’t conduct drives itself at markets to monitor product quality.

Responding to questions in this regard, DNCRP director general Bablu Kumar Saha claimed that the directorate conducts drives against public service providers if there is any complaint. He said, “Shortage of staff is the reason. Moreover, there is no laboratory at DNCRP to examine product quality.”

Amid all these shortcomings, Bangladesh is celebrating World Consumer Rights Day on 15 March with a national theme, 'Celebrating the Mujib Year by preventing plastic pollution.’

E-commerce sites receive more complaints

So far DNCRP has received 2,480 complaints against Evaly, 916 against Daraz, 315 against Phalguni.com, 297 against Priyoshop and 262 against Pathao.com. There are many other complaints lodged against some Facebook-commerce sites and other online shops.

Daraz authorities claimed that the number of complaints against Daraz is negligible compared to its successful work orders.

Evaly managing director and chief executive officer Mohammad Rassel said, “Evaly has served more than four million (40 lakh) clients so far. The ratio of complaints is minimal. We are trying to reduce the rate of complaints.”

A client of Evaly, certain Selim Mahmud, alleged that he ordered a product worth Tk600, but the expiry date of the product had been crossed. Selim informed the matter to Evaly through an email, but received no reply. He also lodged a complaint with the DNCRP. The regulatory body called him for a hearing, but DNCRP’s letter reached him one day after the scheduled date. Selim is no longer interested in dealing with DNCRP.

Loopholes in terms and conditions

There are a huge number of complaints against e-commerce sites for delayed delivery. DNCRP officials said that they face challenges in addressing the complaints as many e-commerce sites set terms and conditions with loopholes that many clients overlook.

Evaly sets terms and conditions with 4,600 English words while Daraz’s one has 6,600 English words. Officials of the two online service providers told Prothom Alo that they would translate the terms and condition in Bangla eventually.

Evaly’s terms and conditions include – orders are subject to availability of stock. If there is any problem with stock then the order can be canceled at any time, irrespective of any duration (Section 17) and the delivery might take longer than usual timeframe by Evaly (Section 18). It adds that delivery might be delayed due to some events which include, but not limited to, political unrest, political events, national or public holidays, etc.

DNCRP officials said that legal action cannot be taken sometimes due to the these terms and conditions in fine print.

Fearing negative news reports, online service providers sometimes negotiate with the aggrieved consumers.

For example, a certain Mohammad Rafi made an order to Evaly for cold drinks worth Tk100,200. As he didn’t get the delivery on time, he lodged a complaint with the DNCRP. Hearing this, Evaly refunded Rafi after six months.

However, Rafi told Prothom Alo that DNCRP investigators asked him about the purpose of buying huge quantity of cold drinks. If the purchase was for reselling the products, Rafi won’t get legal support, because Evaly’s terms and conditions strictly prohibit reselling (Section 16).

Some confusion has been created over the random terms and conditions by the e-commerce sites. To check this, the commerce ministry is drafting a guideline for digital commerce management. The guideline will set maximum 15 days as delivery period.

Commerce secretary Jafar Uddin said that drafting of the guidelines would be completed within one and half months.

Trials denied

So far, DNCRP has received 3,086 complaints against some mobile phone operators. Directorate officials said that hearing for the complaints cannot proceed due to the High Court stay orders.

Robi Axiata Limited placed a writ petition with the High Court in 2018 as the DNCRP was fining the mobile operators on the basis of complaints against them.

DNCRP director general Bablu Kumar Saha said the writ petition questioned the authority of the DNCRP. He added that recently a rule has been finalised to avoid such a situation.

The same year, DNCRP fined the Dhaka Power Distribution Company (DPDC) allegedly for cheating and harassing consumers. DPDC also placed a writ petition. Later, the High Court relieved DPDC from the fine. However, DNCRP officials said that the case is now left unresolved.

Standing by business people

Consumers Association of Bangladesh advisor M Shamsul Alam told Prothom Alo, “Consumers have rights to get standard products at fair prices, but they are often cheated”.

He cited that passengers of public buses have to pay the travel fare which is prefixed to ensure comfortable journey. But the passengers travel in overcrowded buses. The other examples include city corporations’ negligence in monitoring house rent while the authorities concerned seldom monitor the quality of education in the private and English-medium schools. There is no one to question about the low quality text books.

Shamsul said that when it comes to policymaking related to consumers rights, regulating quality, pricing and standard of services, the government serves the interests of businesses rather than of the consumers.

*This report appeared in the print and online editions of Prothom Alo and has been rewritten in English by Sadiqur Rahman.