Why the confusion in the consumer court?

Who is responsible if there is a mistake in such a service? In this matter, neither the producer nor the seller takes responsibility, nor does the government monitor and take action. Consumers also do not make a big deal if the price and quality are lower. In particular, there is no awareness in our society that consumers have their rights. For that, the agencies that create awareness are also inactive. Therefore, even though the Parliament has instructed and the Supreme Court has issued a mandate to create a consumer court, the government has not paid attention.

It was only in 2054 that there was a legal provision to establish a body to provide remedial measures to consumers. Giving priority to consumer rights, Article 44 of the Constitution provides that "persons who have been damaged by substandard goods or services shall have the right to receive compensation in accordance with the law." In 2072, the Industry, Commerce and Consumer Interest Relations Committee of the then Legislature Parliament instructed the government to arrange a consumer court or consumer bench.

Two years have passed since the Supreme Court issued a mandate to form a consumer court. But the government is oblivious. According to the Consumer Interest Protection Act, the Ministry of Industry, Commerce and Supply is responsible for establishing a consumer court. The proposal to establish the court has also been sent by the Ministry of Industry to the Ministry of Law. The law referred it to the Judicial Service Commission and the Judicial Council. But the process of forming the court was stopped on the pretext of lack of budget. It is ironic to use the budget as an excuse for the implementation of the fundamental rights provided by the constitution.

Department of Commerce, Supply and Consumer Protection, Department of Food Technology and Quality Control, Department of Quality and Weights and Measures, Department of Medicine, Department of Agriculture, District Administration Office are monitoring the Akkalzhukkal market. But their effectiveness is not seen. Even if errors are found in the monitoring, the cases where the culprits are prosecuted are rare. Local and state governments are inactive in market regulation-monitoring. As there is no consumer court, the case of consumer cheating on weight, quality and price has to be filed in the district court. Due to the pressure of cases in the district court, the hearing of consumer cases is very slow. There is also a widespread complaint that the police do not take much interest in investigating small scale/amount fraud cases. Consumers often hesitate to seek legal remedies because of the delay in adjudication. This has created chaos in the market. That is why a separate court is necessary to make the market fair and competitive by making quick judicial determinations.

In the Consumer Interest Protection Act, 2075, there is a provision that a consumer court can be formed with the judge of the respective district as the chairman. The court consists of an employee of the Deputy Secretary level of the Justice Service appointed by the government and one other employee of the Deputy Secretary level. Consumer Courts like District Courts conduct preliminary hearings and adjudication of cases related to activities that are against the rights of consumers. The decision of this court is appealed to the High Court.

The establishment of consumer court will speed up the judicial resolution of consumer cases, on the other hand, the pressure of cases in the district court will decrease to some extent, which will benefit other parties to the case. The consumer court makes the general public, traders aware as well as the government agencies. Fraud in the market can be controlled if the consumer complains and the case is resolved quickly. Overall, it increases citizens' trust in the state.