Tardy compensation process irks consumers
Kathmandu, April 8:
It’s sad but true. The consumer compensation system in our nation is the slowest in the world. The average period of case finalisation is two years, four-fold the time that the American and European systems take.
Under the Ministry of Commerce and Supplies, the Department of Commerce (DoC) attends to consumer rights cases. Recently, the ministry took the decision to set up a Department of Supply (DoS) to deal with consumer cases.
“It is a developing-country problem,” said Consumer Rights Protection Forum (CRPF) general secretary Jyoti Baniya. Neighbouring India has a tad better record - one-and-a-half years. Southern African countries also take roughly the same time.
Nepal introduced the Consumer Protection Act in 1998. By then, hundreds of consumer cases had already been filed before the district Consumer Compensation Committees (CCCs) headed by Chief District Officers (CDOs) in their respective districts across the country. “We don’t have exact data but there are around 500 such cases pending,” a DoC official said.
The Kathmandu District Administration Office has up-to-date records. It has 52 cases in the pipeline but even so, it is moving at a snail’s pace. A case of compensation filed by Sarbang Jung Malla against Om Hospital for alleged negligence is pending since 2003.
Nearly three dozen cases have crossed the maximum time limit of 15 months for the verdict.
Victims of adulterated Khukuri rum have also filed compensation cases. Sons of deceased Gokul Prasad Ghimire filed a compensation claim of Rs 6.27 million against the manufacturers of Khukuri rum this January. Surya Kumari Adhikari’s case against Dr Kasturi Malla and Paropkar Maternity and Women’s Hospital is pending since August 2005. Adhikari’s daughter suffers from paralysis in the left side of her body due to alleged negligence of doctors during the delivery process.
“Laws are not enough, we need infrastructure. The government should act and establish consumer courts,” lawyer and activist Ram Chandra Simkhada said. Consumer rights groups are demanding consumer courts for speedy and fair decisions. CDOs, who are designated chiefs of CCCs, have the duty of maintaining peace and security in their respective districts.
Giving the responsibility of settling consumer cases to CDOs is a failure of the DoC, said consumer groups. “How can a person who has already too many responsibilities manage time for this extra burden?” asked Baniya. While consumer groups have welcomed the government move to establish DoS to see consumer issues, they want nothing short of consumer courts.