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Consumer court, Nepal’s first, to begin operations today
The court aims to expedite legal proceedings and provide swift resolutions to consumer complaints.
Krishana Prasain
Nepal’s first consumer court, a specialised judicial body handling consumer complaints and grievances, is set to kick off operations on Saturday, March 15, coinciding with World Consumer Rights Day.
“Chief Justice Prakash Man Singh Raut will inaugurate the consumer court, established on the premises of the Department of Cottage and Small Scale Industries, Tripureshwar,” said Bishnu Prasad Timilsina, general secretary of the Forum for Protection of Consumer Rights-Nepal. “As tomorrow is Saturday, the court will accept cases starting Sunday.”
Timilsina explained that consumers and organisations advocating consumer rights could file cases in the court if they feel deceived. The court will have a registrar responsible for filing cases, while a bench chaired by Judge Ram Prasad Sharma of the Kathmandu District Court will conduct hearings.
The bench will also include Under-secretary Gehendra Raj Regmi from the judicial service and Under-secretary Ananda Raj Pokharel from the civil service.
“I anticipate a few to be filed on Sunday. Consumers also need to be aware of the consumer court and its functions,” Timilsina added.
According to the Summary Procedure Act 1972, the court will provide a 15-day period for the respondent to appear, a seven-day investigation period, and it aims to resolve cases within three months. “For now, we must wait and observe the court’s effectiveness,” he said.
Initially, the consumer court will handle cases from Kathmandu, Lalitpur, and Bhaktapur due to budget constraints. However, the Supreme Court has directed the establishment of consumer courts beyond the Kathmandu valley.
“Consumers can lodge complaints via email or in writing. An inspection officer will investigate the complaint, and if it violates consumer laws, the officer will file a case after obtaining a recommendation from a government lawyer,” said Gehendra Raj Regmi, a member of the consumer court.
Consumers can also seek compensation by directly visiting the court, Regmi noted.
Although the court’s working procedure is yet to be finalised, it will initially operate under the Consumer Protection Act.
Since Judge Ram Prasad Sharma of the Kathmandu District Court will chair the consumer court, hearings will depend on the caseload in the two courts, Regmi said.
This development comes nearly three years after the Supreme Court ordered the establishment of consumer courts.
On February 10, the Nepal Gazette published a notice announcing the court’s formation.
World Consumer Rights Day traces its origins to US President John F Kennedy, who, on March 15, 1962, formally addressed Congress on consumer rights.
The global consumer movement first observed this date in 1983 and continues to mobilise action on critical issues annually.
“This is a historic moment, as the long-awaited consumer court is finally operational, coinciding with World Consumer Rights Day,” said Madhav Timalsina, president of the Consumer Rights Investigation Forum. “Consumers are increasingly being cheated in pricing, quality, and quantity, impacting them mentally and physically. This is happening due to inadequate government intervention.”
Timalsina emphasised the importance of the court’s effectiveness.
Despite multiple government bodies at local, federal, and central levels and various consumer protection laws, justice remains elusive for consumers. Unscrupulous market practices persist, hindering market competitiveness and consumer-friendliness.
“Unless consumers get justice, the establishment of the consumer court will be meaningless,” Timalsina stated.
The Consumer Protection Act 2018 mandates the government to establish consumer courts. In line with this provision, the Ministry of Industry, Commerce, and Supplies drafted legislation in September 2019 and forwarded it to the Law Ministry, which then referred it to the Judicial Council.
However, procedural delays led to the Supreme Court’s directive on February 20, 2022, instructing the government to establish consumer courts in all provinces. This ruling followed a petition filed by the Forum for Protection of Consumer Rights Nepal.
Despite the Supreme Court’s directive, industry ministry officials argued that setting up consumer courts in every province would be impractical, as consumers would still need to travel long distances to present their cases.
Consequently, the ministry prioritised establishing a consumer court in Kathmandu before expanding to other districts. However, frequent government changes have further delayed the process.
This fiscal year, the government allocated Rs10 million to establish the Kathmandu consumer court on a trial basis.
Consumer courts are specialised judicial bodies designed to handle consumer-related disputes efficiently. They aim to expedite legal proceedings and provide swift resolutions to consumer complaints.
The demand for consumer courts has grown as consumers seek legal recourse against fraudulent traders. Many avoid lengthy and complicated legal procedures, particularly at the Supreme Court, allowing unethical traders to operate with impunity.
Observers believe establishing consumer courts will simplify complaint procedures and mitigate legal hurdles. Their presence is expected to significantly curb food adulteration, artificial shortages, and price manipulation.
Despite paying decent sums for essential services like water, energy, telecom, and financial services, consumers continue to face accessibility challenges.
Experts assert that the court’s success will depend on its transparency, judicial independence, and efficiency in case handling.
In Nepal, a country with a low human development index and prolonged political instability, ordinary citizens often wait months or years for justice, even in fraud cases.