Consumer protection in Bhutan

The Consumer Protection Act of Bhutan 2012 and the Consumer Protection Rules and Regulations 2015, last amended by the Revision Regulations 2022, apply to the offering, sale, and advertising of goods and services in Bhutan. This applies regardless of whether the provider is based in Bhutan. A conflicting clause that seeks to apply only foreign law does not automatically displace the statutory protection. Consumers are entitled to protection of life, health, and safety; clear and timely information; fair and nondiscriminatory treatment; fair contractual and sales conditions; free choice; and appropriate redress. Providers must offer safe goods and services, must not advertise misleadingly or falsely, and must display prices visibly and legibly. They may not manipulate preprinted prices, must use calibrated weighing scales and measuring devices, and may not sell expired, spoiled, or damaged goods. For a purchase above Nu. 100, the provider must issue a cash receipt or comparable proof. Promised delivery dates and warranty and sales conditions should be documented. If a good is defective, repair, replacement, refund, or rejection of the good may be possible depending on the warranty and circumstances. A provider must remedy a defective service within a reasonable time. If the defect cannot be remedied, cancellation of the contract or compensation may be possible. Rules on product liability also apply to damage caused by unsafe products; manufacturer liability for an injury is generally limited to two years from the injury. The CCAA handles complaints against registered or licensed businesses. It may monitor the market, investigate facts, mediate, promote settlements, impose sanctions, and initiate court proceedings. A Consumer Dispute Settlement Committee may issue formal decisions. For certain violations under Sections 6 to 18 of the Act, a fine equal to the value of the goods or services or a correction within 14 days may be ordered. Further fines and, where applicable, withdrawal of the business licence may follow non-compliance. A complaint can be submitted through the CCAA Complaint Management System, by calling 1214, by email at consumerservice@moice.gov.bt, or in person. Outside Thimphu, a Gup in the Gewog or Regional Offices of Industry, Commerce and Employment in Monggar, Samdrup Jongkhar, Trongsa, Gelephu, Phuentsholing, and Thimphu can help provide access. A complaint may also be filed when the complainant was not personally and directly harmed. According to the available information, the CCAA provides protection of the complainant's identity. Private transactions between two individuals, however, are not covered by the general CCAA complaint procedure. Suitable evidence includes cash receipts, invoices, contracts, warranties, sales conditions, proof of payment, emails, SMS messages, chats, delivery records, and photos or videos with timestamps. A written promised delivery date proves the claim better than a purely oral promise. No uniform costs or standard deadlines can be stated for the general CCAA procedure; current information should be checked before filing. Separate competent bodies apply to certain areas. For financial services, the complaint must first be submitted to the bank or financial service provider; escalation to the Royal Monetary Authority (RMA) is then possible under the Consumer Protection for Financial Services Rules and Regulations 2019. The first complaint should generally be filed within one year after knowledge or notification, and escalation to the RMA within 30 days after the financial service provider's decision. For licensed telecommunications and media providers, the internal complaint system must first be used. After internal processing for no more than 30 days, the matter may be taken to the telecommunications and media regulator (BICMA) within ten working days and then to the alternative dispute-resolution body (ADRC) within another ten working days. For tourism services, the Tourism Council of Bhutan handles complaints under the prescribed procedure through its Dispute Settlement Committee. A possible criminal offence should be reported to the police without delay. For electricity disputes, the licensee or other contracting party should be contacted first. The Electricity Regulatory Authority may be involved if no response is received within seven days or no satisfactory solution is reached within one month. Complaints must generally be received within six months after the event; the Dispute Resolution Committee decides within no more than 45 days, and an appeal to the ERA within no more than 30 days. Bhutan Power Corporation provides service channel 1250 for this purpose. The Bhutan Food and Drug Authority (BFDA), through its Medical Product Division, is responsible for medicines, dietary supplements, vaccines, medical devices, and other regulated health products. It monitors registration, authorized points of sale, quality, labelling, recalls, and adverse effects; reports can also be made through the toll-free number 1555. A general complaint against the seller may additionally be appropriate with the CCAA. Complaints about the medical treatment itself do not fall within this subject area. Misleading trade practices, false prices, non-delivery, and prohibited pyramid schemes can be reported to the CCAA. Phishing, hacking, identity theft, and payment fraud belong with the Cybercrime Investigation Unit of the Royal Bhutan Police or the nearest police station; in an emergency, call 113. In the case of a fraudulent financial transaction, the bank or financial service provider and the RMA should also be informed. A mere breach of contract is not automatically criminal fraud. For online purchases from a provider not registered in Bhutan, practical enforcement may be more difficult. The CCAA is the central contact for local e-commerce providers; for foreign sellers, the Ministry of Foreign Affairs may provide support without guaranteeing a successful refund. General prices are usually determined by the market. The maximum price stated on imported goods is not generally binding; exceptions include medicines, petrol, diesel, liquefied petroleum gas, sand, timber, cement, and certain goods produced domestically.