Special monitoring activity conducted across the Valley to ensure protection of consumer rights; its effectiveness remains questionable Kathmandu With the festive season just around the corner, Department of Supply Management and Protection of Consumers Interest (DoSMPCI) is ferociously clamping down on its market monitoring activities. The special market monitoring being conducted in August has so far sealed 13 business firms for breaching the legal codes; destroyed 1,100-kg non-edible meat; and fined 248 public vehicle operators for charging extra fare to commuters. The department also sealed 11 brand shops — nine at Durbar Marg and two at New Road for over pricing and billing irregularities. The list of some destroyed items that were being sold beyond its expiry date in local grocery shops and consumer goods shops around the Valley by DoSMPCI on September 11 and 12 features soft drinks, chocolates, biscuits, condiments and meat products. The inspection team pulled the shutter on Shree Dosti Cold Store — a meat store in Gaurighat for not obeying the earlier provided improvement directives. Butcher shops in the Valley were either closed down or given a warning for not just selling stale products but also for not maintaining hygiene. Dashain, regarded as one of the biggest festivals for Nepalis, is significant in market economics because it is typically the peak selling season for retailers, suppliers and traders alike around the country. Sales increase dramatically as people purchase gifts, decorations, and supplies (food) in large quantities to celebrate Dashain. This is also the time for fraudulent traders to make more money by selling low quality products to the hungry consumers. Consumer Protection Act, 1998 ensures, “Right to be protected from the sale and supply of consumer goods and services which may harm life, body, health and property.” Despite the fact that there are laws and monitoring bodies, the lack of proper mechanisms and effective implementation of these laws lead to consumers being duped every year. Unfair trade practices The market is already gearing up for major footfall and increase in demand for consumer goods, however, the quality of the supply that floods the market remains questionable. Mahadev Timalsina, President of Consumer Rights Investigation Forum (CRIF) says, “The state of Consumer Rights in the Nepali market is in shards. Consumers always end up being cheated in terms of quality, price and quantity. This is the ripe season for such practices to thrive.” Darshan Acharya, a consumer rights activist at CRIF says, “During the festive season, in the name of sale offers or heavy discounts, traders cheat consumers with high price tags, sell low quality goods under the pretext them being of higher quality.” Weak policy weaker implementation Although DoSMPCI is monitoring the market daily the effectiveness is minimal and consumers are still the victims of unfair trade practices. Baburam Humagain, General Secretary at Forum for Protection of Consumer Right Nepal blames that the initiation taken by DoSMPCI is a mere formality. He states, “Consumers have lost faith in the government’s activities. And, rightly so. Even when consumers lodge a genuine complaint against fraudulent business firms, the government does not take action against them.” Timilsina agrees with Humagain and questions the authority’s motive behind running these exercises, especially around the festive season. He blames weak policies for the half-hearted measures taken to curb malpractices, he says, “Due to weak policies and fragile regulations, market monitoring conducted by the government has always remained a formality. Although there are dozens of law and acts, its implementation is rare; defiant traders are never penalised.” Laxman Shrestha, Spokesperson of DoSMPCI shares, “The current policy for Consumer Rights is weak and full of ambiguities. We have been asking for revision in the Consumer Rights Act since 2011 but it is still in its draft phase.” Ineffective monitoring Although DoSMPCI has been conducting market monitoring for many years, the market still remains fraught with counterfeit products, unnatural price hikes and unsystematic business ethics. Consumer activists state that the ongoing market monitoring practice has only managed to rid stores of their accumulated junk and nothing more. Humagain points out the government’s inability to establish a fair and healthy market. He states, “The government lacks the will-power and honesty to systematise the market. Their duty is to keep a check on traders and retailers all year around, punishing those who go against the law paving way for healthy market practices.” He adds, “Instead of only inspecting retail consumer goods stores, it is important to inform the respective companies about the malpractices so that the offence is not repeated.” Humagain is of the opinion that the market can be effectively regulated if the monitoring exercises are done at the source itself starting from manufacturing companies to the custom department from where consumer goods are imported. Strict monitoring also be must observed at distribution points. Shrestha observes the lack of initiative from the concerned government authorities to systematise the market. Government bodies like Department of Drug Administration, Department of Food Technology and Quality Control, Department of Livestock Services, Department of Supply et cetera must up their ante and work in coordination to be able to execute effective market monitoring measures. This is necessary because DoSMPCI selects specialists from these government bodies to conduct special market monitoring. Shrestha shares, “The monitoring mechanism will produce better results in the presence of a central mechanism that is equipped with its own technical teams. This will ensure independence from various government bodies that we have to rely on to effectively inspect the market.” Outside Valley Shrestha admits that although DoSMPCI conducts market monitoring in the Valley on a regular basis, market inspection outside the Valley is done infrequently. The District Administration Office holds the responsibility to conduct market monitoring outside the Valley — but they are yet to conduct these monitoring exercises in their respective areas. Even in the Kathmandu Valley where consumer awareness is high and where the monitoring activities are frequently conducted, traders still stay under the radar and sell expired food products and non-edible goods on inflated rates. In places where the monitoring bodies have minimal reach like villages outside the Valley consumers are more vulnerable to being duped by unethical business practices. Be cautious Food items, clothing, decorative products, jewellery et cetera are the most consumed goods during the festive season. Acharya suggests, “Consumers should check labels and price tags while buying food items and take bills of whatever they buy to avoid being duped.” He stresses on the fact that consumers often hesitate to request for bills while making purchases. He says, “If you feel you are being cheated and abused, you can file a complaint with the concerned authority with the bills as evidences.” According to Shrestha, the DoSMPCI will be on high alert during festivals; and bereaved consumers can file their complaints through toll free number 16600133044. Shrestha guarantees “immediate action” if the perpetrators are found guilty.