Nepal Bar Association President Stresses Balancing Consumer and Business Rights

Kathmandu. Nepal Bar Association President Senior Advocate Prof. Dr. Vijayprasad Mishra has stated that the rights of consumers as well as businesspersons should be considered. 

Speaking at a discussion program organized by the Nepal Bar Association Consumer Law Concern Committee on the topic 'Dimensions and Remedies of Consumer Welfare - The Role of Consumer Court', President Mishra expressed this view. 

He mentioned that while action is necessary in incidents that directly affect health and safety, the public publicity accompanying the action also affects the rights of businesspersons. He stated that even after legal action is taken upon finding unwholesome goods in a shop or company, there is a tendency to completely destroy the business through social media and publicity. 

He said that it is necessary to consider whether it is appropriate to give a lifelong social punishment even after receiving legal punishment. He emphasized the need to develop a system that provides opportunities for improvement rather than destroying national entrepreneurs based on a single mistake. Giving an example of the medical field, he said that even if doctors treat according to long study and professional standards, unexpected results can sometimes occur. He stated that the justice system should be sensitive to the damage to social reputation as well as legal compensation in such incidents. 

Speaking at the program, he said, 'The issues of bringing cases where the Government of Nepal is the plaintiff to the consumer court are very genuine. It is not that there was no effort; when we were students in '45 BS, powdered milk affected by the Chernobyl accident was brought to Nepal.' 

He recalled that a case was filed by Devendra Chudale demanding that the import of that powdered milk, which affected health, be stopped in Nepal, and a 'consumer mass action' was taken. He also mentioned that they had studied another case by Dhruva Bahadur Karki stating, 'My house cracked after buying cement from Himalayan Cement, I should receive compensation for the house.' 

Discussing such past efforts, he added, 'Now, if an insect is found in so-and-so good shop, or a cockroach is found in so-and-so sweets, taking action is right. How right is it to take action and publicize it?' Emphasizing the need to consider the rights of entrepreneurs, he questioned whether businesspersons should be punished according to the law or also by social media. 

He said that it is a situation that needs to be considered whether we are going to destroy our national entrepreneurs because of one mistake. Giving an example of not daring to go to a place where he used to eat samosas for the past 20-25 years after a report of finding a small mouse under the samosa came out, he emphasized the need to consider whether this action is for correction or for publicity and to provide opportunities for improvement. He also mentioned that legal practices and efforts have been ongoing in the field of consumer justice in Nepal since the past.