SC order Govt to Follow Consumer Protection Act

Kathmandu, March 21- The Supreme Court on Monday issued a mandamus order to the government to strictly follow the Consumer Protection Act, 1998 while taking action against anyone even if he/she is involved in illegal activities.

"Legal provisions must be followed while taking action against anyone. Prosecute anyone after taking advice from the government attorney," a division bench of Justices Khil Raj Regmi and Gauri Dhakal ordered the government authorities. The bench was acting on a Public Interest Litigation (PIL) filed by advocate Jyoti Baniya against the government authorities two years ago.

The apex court ordered the authorities to produce any case to a concerned district court if anyone violates the Act but not decide any case like a court of law.

The petitioner moved the apex court seeking its order to the Prime Minister's Office and Cabinet, the Ministry of Industry and Commerce and the Department of Commerce (DoC) claiming that the DoC had illegally taken action against hundreds of businessmen violating the Act.

He said the DoC had taken action against 2184 businessmen in 2002 and more than 2000 in 2003 without producing them before any court of law. According to the petitioner, the DoC had imposed up to Rs 75,000 fine on each of them accusing them of violating the Act. The petitioner accused the authorities of taking action against hundreds of businessmen accusing them of their irregularities in business.