When consumer rights are protected?

The government should be fully sensitive to the livelihood and health of the citizens. The sluggish pace of development in infrastructure such as health, education, communication, transportation, electricity, drinking water has also had a negative impact on the general public.

Chaitra 6, 2081

Madhab Timalsina

When consumer rights are protected?

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It is the responsibility of the state to protect consumer rights in the goods and services sector. The constitution has also fully ensured the protection of fundamental rights and interests of consumers. Unfortunately, Nepali consumers have not been able to consume confidently in any sector. Due to the inability to arrange regular quality supply of essential goods, there is an artificial shortage in the market under various pretexts.

Syndicates and cartels have not ended. Clearly, consumer and supply policies have not been protected in the market as per the federal structure. 

Consumer interest protection within the common authority of local, state and federal governments has been overshadowed. Although some municipalities have created local laws, many have not. Effective monitoring, regulation and action have not been done. There is a growing popular demand for the price and quality of agricultural products including vegetables, fruits, fish and meat. The local government is not ready to listen to complaints. 

Directorate of consumer interest protection under the state government is just hanging on the board. The general public has not got any sense of the work of the directorate. The federal government which should guarantee the welfare of all the citizens, grass, housing and cotton. 

Consumer rights protected by Article 44 of the Constitution to protect quality goods, services and the right to receive compensation if there is any kind of resource when using the right, have not been able to move forward with their activities.

There is a lack of effective implementation of the Consumer Protection Act 2075 and other laws related to consumers to make the market clean, competitive and consumer-friendly by maintaining uniformity in the price, quality, and weight of essential food items such as pulses, rice, oil, vegetables, fish, milk, water, and fruits. 

It has not even been possible to start the various activities to be done according to the provisions of the Act, including determining the level of the market, publicizing the list of essential items, adjusting prices. Due to the ineffectiveness of market monitoring and regulation, punishment and reward systems, lack of necessary resources and manpower and the inability to use technology properly, there is a lack of quality and strong mechanisms for protecting and promoting consumer interests. Consumer welfare and clean market are not the main priority of the government. 

A moving example is the establishment of the Competition Promotion and Market Protection Board. The government issued the Competition Promotion and Market Protection Act in 2063 to ensure fair competition among individuals or establishments that produce or distribute goods or services. 

Its purpose was to develop the professional capacity of the producer or distributor through fair competition, control monopolies and controlled business practices, and improve the quality of the goods and services produced. Section 12 of Chapter 3 of the Act states that the Board will be constituted. The main objective of the board to be chaired by the Secretary of Industry, Commerce and Supply is to protect the market and promote fair competition in the market. But even after turning 18, the board has not been formed.

The board chaired by the Secretary of Industry, Commerce and Supply will consist of two members nominated by the government from the people working in the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Finance, the Ministry of Industry, Commerce and Supply, and organizations related to industry and commerce. The

board will formulate the policy to be adopted to maintain fair competition and submit it to the government of Nepal. It has the right to raise public awareness regarding the positive effects of fair competition on the economy and the negative effects of anti-fair competition activities. But not formed. This also confirms that the government is ignoring the consumer's rights.

There is a board requirement for the public interest. Recently, the government has also amended the Black Market Act. There is an equal chance that the general public will be cheated if the system that cannot take more than 20 percent profit is removed. Board formation is also necessary for this.

The government should be sensitive to the life and health of the citizens. The slow pace of development infrastructure such as health, education, communication, transportation, electricity, and drinking water has had a negative impact on the general public as well. 

To be clean and healthy, there must be a clean environment with quality drinking water, clothes to wear. For that, it is necessary to coordinate between the federal units, the provincial government and the local government, and establish a completely independent body. Likewise, the system of supply, price, quality monitoring, regulatory action, penalty award should be made effective. Not only by writing in the Constitution, Acts, Laws, but consumers who go to the market are sure that the price, quality and quantity of goods and services are guaranteed to be regularly supplied, consumers cannot get their rights.

For that, it is necessary to coordinate between all municipalities, provinces and associations through a special mechanism. It is necessary to form a separate agency to look after the supply and consumer affairs. The field of consumer rights is becoming wider. As the development of technology spreads everywhere, the government has to become more responsible. The Consumer Protection Act 2054 was repealed without forming the Consumer Court. Now consumer court has been formed after the new act. Now such courts should be extended to all 77 districts.

Under the pressure of business in the name of commercial interests, the government, which is ready to amend the Black Market and some other social crimes Act 2032, has become indifferent to protecting the livelihood, health and hard-earned wealth of consumers. Laws related to consumer interest related agencies and departments All municipalities, state government's main priority issues related to consumer interest related laws, regulations, guidelines, standards should be respected in a buyer's market. Consumers of goods and services should be educated either by the state or by the goods or service providers. 

Madhab

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