Consumer Rights Law

Consumer Rights Law encompasses the legal provisions and regulations designed to protect consumers from unfair practices, ensuring they receive safe, high-quality products and services. This branch of law addresses issues such as false advertising, defective products, privacy concerns, and unfair business practices, providing consumers with the right to information, safety, choice, and redress. Consumer protection laws aim to balance the power between consumers and businesses. Here are a few legal provisions concerning consumer rights and responsibilities in Nepal:

  1. Rights of Consumers: Every consumer has the right to obtain quality goods and services. Consumers who suffer damage from substandard goods or services are entitled to compensation in accordance with the law.
  2. Liability of Sellers: The seller must fulfill several liabilities. Sellers must sell goods without discrimination and keep them safely to prevent degradation. They must display the price list clearly, provide details of the goods when requested by authorities, and adhere to any guarantee or warranty provisions. Goods should be sold on a first-come-first-served basis, and sellers must provide a bill or receipt upon sale. Additionally, sellers must fulfill any other prescribed liabilities as required by law.
  3. Liability of Service Providers: Service providers must offer services without discrimination and clearly display service details and prices. They must provide relevant documents when requested by officials and serve customers on a first-come-first-served basis. A bill or receipt must be given after payment, and all other legal liabilities must be fulfilled.
  4. Return of Goods: Consumers have the right to return or exchange goods within seven days or receive a refund. Sellers cannot deduct from the price or impose additional charges. The bill or receipt must be presented. Goods cannot be returned if altered by the purchaser, expired, perishable, used, or if the seal is broken. Sealed goods can be returned within fifteen days if the seal is unbroken, or exchanged for similar goods.
  5. Bill or Invoice: Importers, carriers, hoarders, and sellers must keep producer or purchase bills or invoices for goods or services intended for sale. These bills or invoices must be shown when requested by the concerned official.
  6. Unfair Trade: Several activities are prohibited under the law. Unfair trade practices, such as misleading consumers about the quality, quantity, price, measurement, format, or composition of goods or services, are not allowed. Releasing false advertisements, selling substandard or fake goods, manipulating prices, creating artificial shortages, refusing to issue bills, using harmful substances, selling expired goods with new labels, and adopting unfair service systems like circle, quota, or token systems are all prohibited. 
  7. Essential Goods: The Government of Nepal will determine and notify the list of essential food and other goods or services from time to time. The maximum price for essential goods or services will be fixed and must not be exceeded.
  8. Price List and Registration Certificate: Producers, wholesalers, or retailers must clearly specify and display the factory price, wholesale, or retail price of each good. Industry registration or business licenses must be displayed at the place of sale, visible to the general public.
  9. Complaint Mechanism: Complaints about violations against consumer interests or the Act can be made in writing, orally, or electronically to the Central Market Monitoring Committee, Department, or Inspection Officer. The identity of the complainant can be kept confidential upon request. Other provisions related to complaints will be as prescribed.

 

Constitution of Nepal 2072 (2015)

Article 44

Rights of Consumer

Consumer Protection Act 2075 (2018)

Section 11

Liability of seller

Section 12

Liability of service provider

Section 14

To return goods

Section 15

To keep bill or invoice

Section 16

Not to conduct unfair business

Section 18

Other forbidden acts regarding goods and services

Section 40

Punishments

National Penal Code Act 2074 (2017)

Section 257

Prohibition on using counterfeit currency

Section 273

Prohibition on use of fraudulent instruments

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