The government formed the Consumer Court on 2 Chaitra 2081. In the first year of the court's formation, 41 cases have been registered in the fiscal years 2081/82 and 2082/83.
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Hari Prasad Gautam of Budhanilkantha, Kathmandu, was taken to Om Hospital, Chabahil, for treatment after his son Basanta Gautam fell in the bathroom last month.
The doctors at the hospital's emergency room gave him painkillers after a routine examination and discharged him. However, Hari Prasad's pain did not subside even after 4 days of going home. He was again admitted to HAMs Hospital in Mandikatar. Tests at HAMs confirmed that his leg was broken and there was a delay in treatment. The hospital treated his leg and sent him home on 'bed rest'. However, less than a month later, Hari Prasad passed away.
The family members filed a case against Om Hospital in the consumer court, claiming that the hospital's negligence had caused financial, mental and physical damage to the family. They claimed that the family had suffered financial, mental and physical losses.
The Consumer Court had ruled on 29 Jestha that there was medical negligence and ordered the hospital to pay compensation of 56 lakh 81 thousand rupees to the victim's family.
41 cases like the Gautam family's have been registered in the Consumer Court, which was formed 6 years after the enactment of the 'Consumer Protection Act 2075'. Many cases related to medical negligence, electric vehicles, vehicles, laptops, purchase and sale of technical materials, and construction of physical structures have been registered in the court, which hears cases under consumer rights. Among them, the case related to Gautam's death was the first, said Homanath Kadel, Information Officer of the Consumer Court.
What cases do consumers approach the court with?
The government formed the Consumer Court on 2 Chaitra 2081. In the first year of the court's formation, 41 cases have been registered in the fiscal years 2081/82 and 2082/83.
Out of 17 cases registered in the court in the fiscal year 2081/82, 6 are medical negligence cases, 4 are vehicle quality cases, 2 are electronics quality and transportation service cases, 1 is school negligence case, 1 is gold and silver purchase case, 1 is home interior construction quality case, 1 is software case, and 1 is personal injury case in airlines. Out of which, 8 cases have been decided. Similarly, 7 cases have been decided to the extent that partial claims are satisfied. Out of these cases, 3 cases have been settled, 3 have been withdrawn, and 1 has been dismissed. Similarly, 1 case is pending. In the fiscal year 2082/83, 24 cases have been registered in the court so far. Out of which, 9 cases have been registered related to medical negligence.
Similarly, the court has registered 6 cases related to vehicles, 1 related to construction, 2 related to TV, laptop purchase and repair, 1 regarding compensation claim against a hotel, and 5 related to other matters.
Of the cases filed in the court, 6 have been decided so far, while 1 has been partially satisfied, 2 have been satisfied, 2 have not been satisfied, and one has been settled. One case has been withdrawn. Similarly, 1 case has also been dismissed. Other cases are pending.
In the first few months, the court continuously heard and delivered judgments on the complaints with compensation claims. There were also disputes over some of the judgments. It was criticized by doctors for awarding a large amount of compensation in the case related to medical negligence. In addition to the hospital strike, doctors staged protests and disrupted services for some time.
Senior advocate and President of the Consumer Interest Protection Forum Jyoti Baniya said that the first year of the consumer court has been satisfactory. He said, ‘Most of the cases registered in the court have been decided to pay compensation.’ ‘Which should be considered an achievement,’ he said, ‘There is no fee to file a case in the consumer court.’ Also, cases are decided there quickly.’ Baniya says that there are also challenges in the consumer court.
He said, ‘So far, only cases have been registered by consumers individually,’ he said, ‘The challenge is that not a single case has been registered by the government.’ Also, most consumers do not even have sufficient information about the existence of the consumer court, how it works.’
He said that it is very important to spread awareness among consumers in the coming days. He said that the government should take the process of action outside the valley as well and make employees active.
According to the court's information officer, Kadal, necessary training should also be provided for court members and staff to strengthen institutional capacity.
