In the first phase, consumer courts will be formed for 3 districts namely Kathmandu, Lalitpur and Bhaktapur
Harihar Prasad Gautam of Budhanilkanth fell in the bathroom and became unable to stand, and his family took him to Om Hospital and Research Center in Chabhil. After checking and X-ray in the emergency room, the doctor prescribed pain reliever and discharged him.
Even after 4 days of taking the medicine, after the pain did not subside, Gautam went to Hams Hospital. Hams X-rays and CT-scans delayed treatment of the fracture. Gautam's family has filed a case in the consumer court against Om Hospital demanding Rs 5 crore compensation for financial, mental and physical loss.
Godavari resident Savitri Khatri Thapa bought the 1.1 tola silver idol for Rs 4,600 from Swastik Silver Palace in Vishal Bazar. Suspecting that the rate was higher than the market price, she filed a case in the consumer court saying that when she took it to return it, Silver Palace deducted half the amount and gave only 2,225 rupees.
Lalitpur resident Ramsagar Yadav bought a Suzuki Grand Vitara car on 7 Jan 080. He let the car be repaired after it got damaged in the floods last October. But even for 5 months he could not get the car from CG Moto Corp. He has registered a case in the consumer court with a demand for refund of the purchase price of 62 lakh 69 thousand rupees.
Varsha Bhandari has registered a case in the consumer court saying that Grandi City Hospital has provided poor quality services. Although the hospital performed an operation saying that the amount of fat in the body is high and it can be reduced by surgery, it did not recover completely. She registered a case with a demand of 3 crores and 17 lakhs for causing loss by providing poor quality services.
The cases mentioned above are cases that were filed after the government formed the 'Consumer Court' on 2nd Chait 2081. Although late, the government has formed a judicial structure 'Consumer Court' in favor of consumers. On the occasion of the World Consumer Rights Day, a court has been formed to deal with the cases in Kathmandu, Lalitpur and Bhaktapur districts. After the formation of the consumer court, common people have registered cases of fraud.
The Consumer Protection Act 2075 has clearly defined the Consumer Court. Even after six years of delay, the court has been formed," said Madhav Timalsina, president of the Consumer Rights Research Forum, "The consumer court should become a court of common people.
The decision to be made has long-term significance, so the decision should be made only after careful consideration.' He said that it is necessary to inform everyone including general consumers, goods and service providers, media workers, and law professionals about the area of the court's jurisdiction to get compensation for damages caused by the goods and services sector from the state level.
Clause 1 of Article 44 of the Constitution has also made it clear about consumer rights. The constitution states that every consumer has the right to receive quality goods and services. In sub-section 2, it is mentioned that the person who has been damaged by substandard goods and services has the right to compensation according to the law. But common people have not got proper justice. Even though the relevant regulatory bodies monitor the market, the common people are still cheated. They have not received compensation. In some cases, cases have been filed in the district court. But the verdict has been delayed. For the same reason, the Industry, Commerce and Consumer Interest Relations Committee of the Legislature Parliament instructed the government to arrange a consumer court or a consumer bench in October 2072.
The then Prime Minister Pushpa Kamal Dahal had also announced on 23 August 2073 that one consumer court would be established in all provinces. After the Ministry of Industry, Commerce and Supply issued the Consumer Protection Act 2075, the act also mentioned the constitution of courts in section 41. In the act, it is said that the government can establish a consumer court by publishing a notice in the gazette. However, there was a delay in the formation. According to the provisions of the Act, the Consumer Interest Protection Forum Nepal filed a writ petition in the Supreme Court saying that the government has not constituted a court. The Supreme Court had ordered to implement the provision in the Act.
On February 8, 2078, the Supreme Court issued an order in the name of the government to establish consumer courts in all seven provinces. The bench of Judge Bam Kumar Shrestha and Nahkul Subedi ordered the formation of a consumer court in accordance with the Consumer Interest Protection Act 2075. The consumer court was necessary because the consumer case was delayed in the district court. A high court has been formed. We are sure that after the formation of the consumer court, justice will be given to consumers," said Jyoti Baniyan, president of Consumer Protection Forum Nepal, "Court is for justice. If a person, association, organization is confirmed to be guilty, it should not be left. But if there is no wrong, justice should be given. Those who did not do wrong were not brought under the scope of action.
Consumer cases were filed in the district court when the consumer court was not formed. Consumer cases are getting delayed due to the pressure of other cases. Baniyan said that there is a need for a consumer court for the same reason. In the case of consumer courts, the Supreme Court decided to form them in all 7 provinces. After 3 years of the order, it has been established in 3 districts in the first phase," Banian said, "Although it could not be established due to lack of physical structure and budget, it has now been established in 3 districts. This is a good thing.'
The government formed a consumer court by publishing a notice in the gazette on January 28. The notice was published that the court will operate from the World Consumer Rights Day (March 15). It is said that the consumer court like the district court will conduct the preliminary hearing and adjudication of the case against the consumer's rights and interests. The consumer court consists of a district judge president and two members appointed by the government on the recommendation of the judicial council.
District Judge Ram Prasad Sharma of Kathmandu District Court has been appointed as the President of the Court. Deputy Secretary of Justice Group Gehendraraj Regmi and Deputy Secretary of Administration Services Anandraj Pokharel have been designated as members. "After the hearing of the case, it is upheld according to the opinion of the majority of 3 people," Banian said. There will be an appeal to the High Court against the decision of this court.'
Srestedar of Consumer Court Shobhakar Kharel said that the deadline of 7 days will expire after the case is registered. According to the law, the deadline can be extended up to 15 days after 7 days. All this process takes 21 days. It is then sent to reconcile for a short time. If there is no agreement, the petition will be raised, it will be submitted to the bench,' said Kharel, 'an expert's opinion will be ordered to understand something more. Then the case will go to the final stage, it will be resolved as soon as possible.'
In the first phase, although consumer courts were formed for 3 districts, they can be filed in the district court in the case of other districts, he said. Kharel said that the consumer court will alert the general public, traders as well as the government agencies.
After the formation of the consumer court, legal professionals have said that they will provide free services (pro bono) without charging any fees. According to Baniyan, who is also an advocate, more than a dozen legal professionals have registered to provide such services.
