Even after 5 years of the law, the consumer court was not established

Coincidentally, he is still in charge of the Prime Minister. But even though it was announced seven years ago, the process of forming the consumer court has not yet been completed. Now most of the consumer cases are filed in the district court. People complain that there is a delay in consumer cases due to the pressure of other cases. According to the Department of Commerce, Supply and Consumer Protection, some cases of fraud are also referred to the police for investigation and prosecution. However, the police do not pay much attention to the case of fraud of small amount/amount. Delays studies/research.

Similarly, the Industry, Commerce and Consumer Interest Relations Committee of the Legislature Parliament also instructed the government to arrange a consumer court or a consumer court in October 2072. Which was about setting up a separate court or bench to speed up consumer cases, to bring illegal acts to justice. According to the instructions of the committee, the Ministry of Industry had put it in the Consumer Protection Act 2075. However, there is a delay in implementation. After the government's delay, the Supreme Court issued an order on February 8, 2078 in the name of the government to establish consumer courts in all the seven provinces. The bench of Judges Bam Kumar Shrestha and Nahkul Subedi ordered the formation of a consumer court in accordance with the Consumer Interest Protection Act 2075.

"Consumer Protection Act has also been included in the Consumer Protection Act to resolve consumer fraud cases quickly," said an employee of the department. However, the court was not formed. Consumer Court is provided in Section 41 of the Consumer Protection Act, 2075. In the act, it is said that the government can establish a consumer court by publishing a notice in the gazette. However, the implementation has not happened. According to former director general of the department, Yogendra Gauchan, consumer court is indispensable to improve the market. It makes public, businessmen as well as government agencies aware. If the consumer complains online and the case is resolved quickly, the consumer court provides relief in checking fraud in the market. Consumer court should not be delayed. Even though it cannot be established in every district, it is necessary to establish a court in the province and the headquarters," said former Director General Gouchan, "if this court is established, the market can be greatly improved. It is shameful that the Act has not been formed even after 5 years.'

Even though the Ministry of Industry, Commerce and Supply is the implementing agency of the Consumer Protection Act and the department, the consent of the Ministry of Finance and the Ministry of Law is required to establish a consumer court. For this, the taluk minister and secretary should take the initiative, said Gauchan, the former director general. In the absence of a consumer court, it seems that businessmen who operate businesses with the intention of cheating have been encouraged. The details of the Commerce Department show that despite daily monitoring by the government machinery, the market situation is chaotic. Consumers have been cheated in all sectors, from food items to clothing, hotels, cosmetic sector, electronic business (online buying and selling). During the monitoring, it was found that expired food items were used in all types of hotels from small to big. There is no transparent pricing of the service, it is found that milk products returned from the market are reused. According to the department, the number of monitoring and fines is more than in the past. However, the distortion of the market has not yet improved.

Experts say that consumer court is necessary for this.

Consumer court was also necessary to complete the action process along with monitoring. The law also provides. The court has also issued an order in the name of the government," said Madhav Timilsina, president of the Consumer Rights Research Forum, "It seems that there has been a delay due to the nature of the court and the budget required for the formation of the court. It was said that an organization to provide treatment would be established to protect the rights, interests and rights of consumers. But it could not be implemented. According to the provisions of the

act, the Consumer Interest Protection Forum also filed a writ petition in the Supreme Court saying that the government has not constituted a court. The Supreme Court has ordered to implement the provisions of the Act. However, the order has not yet been implemented. Even though the Supreme Court issued a decree, it took 6 months to prepare the verdict. The full text came only in August 2079," said Jyoti Baniyan, President of Consumer Interest Protection Forum Nepal, "The government needs the court. Along with consumer fraud, the businessman has not paid taxes to the government. VAT bill has not been issued. A consumer court is also necessary for this, but it could not be started. According to Baniyan, after the court's order, the Ministry of Industry sent a letter to the Ministry of Law to establish courts in all 7 provinces. Law sent letters to the Judicial Service Commission and the Judicial Council. However, the process of forming the court has been stopped on the pretext of lack of budget. A huge budget is needed to establish courts in all the 7 provinces, but the impact of the courts should have been established in the valley in the first year. It can be gradually increased and established in other provinces,' said Baniyan, 'but, it has not started.' The Act states that one member shall be an employee of the Deputy Secretary level of the Justice Service and the other shall be an employee appointed by the Government of the Deputy Secretary level. A consumer court like a district court will conduct preliminary hearing and adjudication of cases involving allegations of activities against the rights and interests of consumers. The decision of this court is appealed to the High Court.