Is the consumer rights body overreaching with mobile court raids?
Despite the popularity of the videos of mobile court raids, shop owners are questioning the logic behind sensationalising the raids, exercising summary judgment and raising issues that are not directly pertinent to the rights of consumers
Abu Sayeed, Moazzem and a few others were slipping through the shop's backdoor, when a group of police and government officials from the Directorate of National Consumer Rights Protection (DNCRP, also popularly known as Bhokta Odhikar Odhidoptor) apprehended them.
It became a mini-event – everyone seemed excited about it.
This special raid was conducted by the directorate in the capital's Demra Staff Quarter area, based on information that an illegal vegetable oil packaging company was operating there. Assistant Director Abdul Jabbar Mondol led the mobile court.
The raid started at 11 in the morning. After four hours of thorough interrogation of the employees, and the owner over the phone, the directorate officials found that the company was packaging soybean oil under four different names – Drishti, Toru, Cherry, and Tin.
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"They neither have BSTI (Bangladesh Standards and Testing Institution) registration – although they illegally use BSTI seals on their package – nor do they have the lab that is required for such operations," Abdul Jabbar said while briefing the press, adding, "from here, they send this oil to the Sylhet region."
The mobile court realised Tk150,000 in fine and sealed their factory till they get an approval from BSTI.
Although the accompanying large group of journalists were carrying cameras, the directorate had their own media team to upload videos of the raids on their verified Facebook page and YouTube, where they have millions of followers.
This particular raid was uploaded on their Facebook page the same day. So far, it has generated around a million views, more than 50,000 likes, and around 1,000 people have expressed their support in the comments section.
This raid came a week before another video, where an official is seen asking a salesgirl, "This shari costing Tk75,000, where did you get this from (eta kothakar shari)?" turned viral.
The clip then follows the official into another store where the official charges the shopkeeper bringing products through airline luggage. "First of all, the Bangladesh government is not receiving the due taxes. Secondly, our local industry is facing uneven competition."
The video has over 17 million views on Facebook so far. A million people liked it, and around 30,000 expressed their support in the comment box.
Memes on how these raid videos are becoming people's favourite things to watch are also circulating on social media platforms.
Despite the popularity of these raids, questions are being raised about their fairness and effectiveness in some quarters.
What does consumer protection have to do with whether the seller or producer paid appropriate taxes? Moreover, how qualified is a government official at assessing the price and quality of a product.
Some businessmen have also questioned the decision to use a mobile court where the scope to assess a product or appeal a decision is limited. Moreover, what is the point of creating a public spectacle of the whole thing by uploading it on social media?
Recently, The Business Standard followed a couple of these mobile court raids. The latest was on Saturday in the Bashundhara Shopping Mall where Mustafa Mart was fined Tk20,000.
"As per law, the importer will determine the price, but here it was Mustafa Mart who determined the price. Another issue was the product should have only one price, with an added 5% VAT meant for super shops. But here, there were two different prices put on the products," said Assistant Director Hasanuzzaman.
Later, we asked a Mustafa Mart official about the fine. He said, "We only added tax to the total price. We don't know why we were fined."
Speaking about the shari video that went viral, Shaibal Saha, general secretary of Fashion Design Council of Bangladesh, said he is confused by the drives of the Directorate of National Consumer Rights Protection and the questions raised by government agency officials.
"Before asking about a luxury product, you first need to have knowledge about the product, the raw material, and the intellect used in creating it," he said.
"The government official will have to learn the story behind the making of the product. I think they have mixed up commercial products with crafted products," said Shoibal.
He also questioned the logic behind launching drives against luxury items whose prices are high all over the world.
"Why are they launching drives against textile products? Textile products are not that essential. Why don't they go after those who are selling essentials like sugar, oil etc at an increasingly high price?" he said.
He also expressed his reservations about the directorate videos going viral. "Why will I make a drive go viral even before the trial is finished? If I am found guilty only then you can do so. But you are making it viral before the trial, making it tough for entrepreneurs," he added.
"The officials are creating these videos to gain 'cheap popularity', but ultimately, the shop owners are becoming the victims," said Syed Mohammad Andalib, organising secretary of Bangladesh Restaurant Owners Association.
In a previous interview with TBS, DNCRP DG Shafiquzzaman, defended their decision to upload the videos on social media platforms. He said, "What we are doing on social media platforms is, we are bringing up the irregularities and mismanagement that we find in these places. It is not like we are defaming everyone. We do not talk about those who are doing well."
Andalib, however, referred to the Sultan's Dine incident to point out the damage done by such public spectacles. The directorate officials launched a raid after allegations on social media accusing the restaurant of using dog meat went viral. Eventually the allegations turned out to be false and were dismissed.
"In the meantime, millions saw the videos and an impression was created in the minds of the customers," he said, adding, "the restaurant will have to bear the brunt of the raid because the owners had to invest money to make a profit and support their families in the process. It takes years to build a brand."
"You cannot just damage a brand image as you wish. Many people will still be suspicious about the restaurant. Ultimately, what you are doing is a media trial," said Andalib.
Ghulam Rahman, president of Consumers Association of Bangladesh, however, said he does not see anything wrong in creating awareness and setting an example.
He said, "It is not possible for the law enforcement agency to monitor everything, but they can do it sometimes to set an example and create awareness among people."
Ghulam Rahman said that if Sultan's Dine believes the raid damaged its business, it can take legal action against the regulatory authority for compensation.
When asked about the shari incident, he said he was not aware of it. However, he said in Bangladesh, bargaining is common and it happens a lot. Often the asking price of a product is quite high but it comes down after bargaining.
"All the law enforcement agencies who have the power should take legal action against the malpractice of setting high prices," he added.
