Chapter-2 Provisions Relating to Consumers Protection

Chapter-2 Provisions Relating to Consumers Protection

  1. Rights of the consumer: (1) Every consumer shall have the right to obtain quality goods and services.

            (2)        Without prejudice to the generality of sub-section (1), for the purpose of protecting the rights, interests and concern of the consumers, every consumer shall have the following rights:

   (a)       right of easy access to goods or services,

    (b)       right to choose quality goods or services at the fair competitive price,

    (c)       right to be informed of the price, quantity, purity, quality etc. of the goods or services,

   (d)       right to obtain information from the producer, importer or seller regarding the quantity, ingredient or percentage of the substances contained in the goods made of or produced with the mixture of two or more than two substances,

  (e)       right to be safe from the sale and distribution of the goods and services that inflict harm to the human body, life, health and property,

 (f)        right to get appropriate legal action taken against the unfair trade and business activities,

 (g)       right to obtain compensation against harm and injury caused with the use of goods or services,

 (h)       right to receive remedy or hearing from the competent authority or entity on the protection of the rights and interests of the consumers,

  (i)        right to get consumer education.

  1. Regulation of goods or services: (1) The Government of Nepal shall regulate the supplies, price, quality, measurement, label, advertisement of the goods and services regularly in order to protect the rights of the consumers.

            (2)   The Ministry shall perform the following functions in conducting regulation pursuant to sub-section (1):

   (a)       to implement the policy relating to quality, price determination and supply system of goods or services,

  (b)       to prevent or control monopoly or unfair trade activities that cause or possibly cause adverse impact upon the rights and interests of the consumers, or to formulate and implement a plan of action in this regard,

   (c)       to maintain fair market by continuously analyzing and reviewing the condition of demand and supply of the goods or services used within the country,

   (d)       to make necessary provisions to prevent and control the price determined or increased in an undesired manner by the producer, seller or distributor of the goods or services,

   (e)       to facilitate the supply system through the institutions or private firms or companies having full or partial ownership of the Government of Nepal in order to ensure the supplies of the food and other goods for the consumers at a fair price and easy manner,

   (f)        to fix the maximum quantity of the storage of the goods in any special circumstance, or at any particular place, for the period prescribed,

  (g)        to receive foods from the producers at the prescribed price and sell them to the general people with determining certain quantity of such foods in case there is a shortage of any foods produced within Nepal,

    (h)        to make necessary provision to maintain uniformity in the price in general, by managing wholesale or retail business,

    (i)         to coordinate with the concerned agencies to prevent artificial shortage of any goods or services from occurring or to regularly distribute the goods in all places, for protecting the rights of the consumers and regulating the supply system,

    (j)         to regulate the sale and distribution system of goods, and control the act of creating scarcity or black-marketing in an inappropriate manner or the unfair business activities.

            (3)        The Government of Nepal may, in order to protect the rights of the consumers, regulate the supply system and control the price and quality of the goods and services, make necessary policy and institutional provisions from time to time.

            (4)        The provision referred to in sub-section (3) shall have to be implemented as prescribed.

  1. Quality of goods and services: (1) In case the quality or standards of any substance inherent in any goods have not been determined, the Government of Nepal shall determine the standards or quality of such goods or services by fulfilling the process as prescribed.

                        (2)        The Government of Nepal shall have to publish the notice of the matters of the standards or quality of any goods or service determined pursuant to sub-section (1) in the Nepal Gazette.

  1. To affix label: (1) A producer shall have to affix label on the goods produced by him or her.

                        (2)        The following matters shall have to be mentioned in the label pursuant to sub-section (1):

   (a)        Name, address of the producer and registration number of the industry,

   (b)        Mixture, ingredient of mixture, quantity and weight of the goods, in such goods as food, medicines and cosmetics,

                                    (c)        In the case of the goods of which quality has been determined, the quality of such goods,

     (d)       Mode of using the goods and side effect likely to occur due to the use of such goods,

    (e)        In the case of the goods supposed to be used within a certain deadline, such deadline,

    (f)        Retail price, batch number and date of manufacture of the goods,

   (g)        If it is electronic, hardware, electrical or machinery or goods to be in use for a long time, guarantee or warranty and guarantee or warranty date of such goods, and other necessary things in accordance with the law related to such goods,

 (h)        If any defect is seen in the condition referred to in clause (g), provision to make reimbursement or to repair until certain period,

  (i)         In the case of the goods that are inflammable, hazardous or likely to break down easily, details relating to precaution to be adopted for the safety of such goods,

  (j)         Maximum retail price to be incurred after including all types of taxes applicable for the goods,

  (k)        If any process is supposed to be fulfilled prior to using any goods, such process; and harm and injury likely to occur when it is used without fulfilling such process,

  (l)         Use of awareness-oriented message, picture or sign on the label of the materials of the types of causing harm upon human health,

  (m)       Other matters as prescribed.

                        (3)       The matters to be specified in the label pursuant to sub-section (2) shall have to be written in the Nepali or English language by the producer in the case of the goods produced within Nepal and by the importer in the case of the goods imported, in the way which can be understood by common people.

                        (4)        The goods on which label is not affixed pursuant to sub-section (3) shall not be allowed to be imported, sold and distributed in Nepal.

                        (5)        Notwithstanding anything contained elsewhere in this Section, it shall not be necessary to specify the matters set forth in this Section, while selling consumable goods such as vegetables, fruits to be sold openly.

                        Provided that the label shall have to be affixed on the imported vegetables and fruits.