The High Court on Monday raised a question over the failure or inaction of the finance ministry and the Bangladesh Bank in issuing necessary directives for refunding the money of the e-commerce customers stuck at the different payment gateways.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah issued a ruling after hearing a writ petition that was filed seeking its directives over refunding the customers money.
In the ruling, the court asked the respondents to explain in four weeks as to why the failure or inaction of the finance ministry and the Bangladesh Bank in issuing necessary directives upon the five payment gateways, BKash, Nagad, SSL Wireless, Foster Payments and Shurjo Pay, for refunding the consumers money should not be declared illegal.
It also wanted to know from the respondents to explain as to why the finance ministry and the Bangladesh Bank should not be directed to issue necessary directives upon the five payment gateways, BKash, Nagad, SSL Wireless, Foster Payments and Shurjo Pay, for refunding the consumers money withheld or kept by them.
Finance ministry, the governor of the Bangladesh Bank, general manager of the Payment Systems Department of that bank, the director-general of the World Trade Organisation cell of the commerce ministry, chief executive officers of mobile financial service provider bKash and Nagad, payment gateway SSL Wireless, Foster Pay, and Surjo Pay have been asked to comply with the ruling.
Conscious Consumers Society (CCS), a consumer rights group, filed the writ on October 21 seeking High Court directives for the refund of money to e-commerce customers that is stuck in payment gateways.
Barrister Sabrina Zarin and Barriser Abdul Qaium appeared in the hearing on behalf of the petitioner, while deputy attorney general Nawroz Md Russel Chowdhury represented the state.
Lawyer Sabrina later said, “Thousands of customers invested money in e-commerce platforms. As per rule if anyone doesn’t get the product, he/she would get the money back. But the money invested by the customers did not get a refund of their money. As a result, the customers have fallen into uncertainty over the refund of their money.”
“Even the concerned authorities have no headache over the matter. That’s why we filed a writ petition seeking High Court's directives. After hearing, the court issued a rule,” added the lawyer.
Earlier on October 17, the CCS served a legal notice to the officials concerned on the same issue. But for their inaction regarding the legal notice, the writ was filed, added Sabrina Zarin.
CCS Executive Director Palash Mahmud earlier said thousands of customers’ money is stuck in the escrow systems.
“The gateways are saying they need permission from the government or the e-commerce company to release the money. But why will I need the approval of e-commerce companies to get my money back?” he questioned.
The central bank introduced the escrow service in July this year amid widespread allegations of fraud and irregularities against rogue e-commerce companies like Evaly and Dhamaka.
In an escrow payment service, money paid by the customers for the goods ordered from the e-commerce companies gets deposited in third-party payment gateways. The companies receive the money after submitting supporting documents proving the goods have been delivered.
However, many customers claim they neither got their products nor the money they paid for goods.
