Home / From Silver Scams to Medical Negligence: Inside Nepal’s Consumer Court

From Silver Scams to Medical Negligence: Inside Nepal’s Consumer Court

From Silver Scams to Medical Negligence: Inside Nepal’s Consumer Court

10 June 2025 | INSIGHTS


CONTENTS

 
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WELCOME TO NEPAL’S CONSUMER COURT

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CASE #1: SILVER IDOL, HEAVY PRICE: COMPENSATION AWARDED FOR UNFAIR OVERCHARGE

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CASE #2: FATAL MEDICAL NEGLIGENCE ALLEGATION: SEEKING JUSTICE AND NPR 5 CRORE COMPENSATION (STATUS: ONGOING)

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CASE #3: THE HIDDEN DANGERS OF COSMETIC SURGERY: A LEGAL BATTLE FOR COMPENSATION (STATUS: ONGOING)

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CASE #4: DEFECTIVE MOTORCYCLE AND DENIED WARRANTY: CLAIM FOR REFUND AND COMPENSATION (STATUS: ONGOING)

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CASE #5: STROKE AFTER ANGIOGRAPHY: MEDICAL NEGLIGENCE CASE MOVED TO CONSUMER COURT (STATUS: ONGOING)

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CASE #6: COMPLAINT OVER LAPTOP BATTERY LIFE MISREPRESENTATION RESOLVED AMICABLY (STATUS: WITHDRAWAL)

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CASE #7: FLOOD-DAMAGED VEHICLE NEGLIGENCE CASE SETTLED AMICABLY UNDER CONSUMER PROTECTION ACT (STATUS: WITHDRAWAL)

 


WELCOME TO NEPAL’S CONSUMER COURT

 
After six years of anticipation following the enactment of the Consumer Protection Act, 2075 (2018), the country’s first Consumer Court is now operational.

The Consumer Court is located at Tripureswor, Kathmandu and it is empowered to exercise jurisdiction over consumer-related cases of Kathmandu, Lalitpur, and Bhaktapur districts.

One can file a case at the Consumer Court within 6 months of the occurrence of any of the following incidents:

  • Against a manufacturer if any substandard, defective product was provided,
  • Against a manufacturer if any kind of damage was caused due to its goods or services,
  • Against a manufacturer if anyone is misled by a false advertisement/publicity of a product or service,
  • Against a manufacturer if any damage to body, life, property was caused after consuming any manufactured goods or services,
  • Against a seller/service provider if they refuse to sell anyone any goods/services on a first-come-first-served basis
  • Against a seller if they do not provide anyone the required guarantee or warranty even though such provisions are applied by the orignal manufacturer
  • Against a seller if they refuse to provide anyone with a invoice (bill) or receipt on sale of goods

Since its inception a total of 7 cases have been lodged at the Consumer court till date. We will further explore each of the cases in detail.

Case Status No. of cases Remarks
Final judgment delivered 1 Compensation granted in medical negligence
Mutually settled by the parties following lodgement of the case 2 Resolved through mutual settlement
Transferred from District Court 1 Medical negligence case, now under Consumer Court
Ongoing proceedings 4 (Including a case transferred from District Court, as referred above) All in procedural stages, judgment pending

CASE #1: SILVER IDOL, HEAVY PRICE: COMPENSATION AWARDED FOR UNFAIR OVERCHARGE (STATUS: DECISION MADE)

 
The complainant purchased a silver idol weighing 13.3 grams (approximately 1.1402 tola) from a showroom on 11.25 (9 March 2025) (Bill No. 2870). At that time, the rate for silver was NPR 1,985 per tola, valuing the idol at NPR 2,263.42, but the showroom charged NPR 4,600—well above the market price.
 
Within 7 days, the complainant requested a return under Section 14(1) of the Consumer Protection Act, 2075. The showroom refunded only NPR 2,225 after securing a repayment bond, arguing that the price included workmanship and a full refund was not feasible.
 
The court held that under Section 14(1), no deduction is allowed on returns within 7 days unless exceptions under Section 14(4) apply, which were not relevant here. With no evidence of use or alteration, the court ordered a full refund and awarded NPR 20,000 in damages for financial loss, mental distress, physical suffering, and related harms under Sections 50–52 of the Act.
 

CASE #2: FATAL MEDICAL NEGLIGENCE ALLEGATION: SEEKING JUSTICE AND NPR 5 CRORE COMPENSATION (STATUS: ONGOING)

 

The complainant alleges that the hospital misdiagnosed and prematurely discharged his father, failing to detect a serious acetabulum fracture and provide necessary specialist care.

This alleged negligence worsened the condition, requiring extensive surgery and ultimately resulting in the father’s death. A dying declaration attributed the condition to the hospital’s shortcomings.

The complainant is pursuing NPR 50,000,000 in compensation under the Constitution and Consumer Protection Act for economic, mental, and physical damages. The case remains under ongoing investigation and trial.

 

CASE 3: THE HIDDEN DANGERS OF COSMETIC SURGERY: A LEGAL BATTLE FOR COMPENSATION (STATUS: ONGOING)

 

The petitioner, a qualified beauty therapist and model, has filed a complaint alleging medical negligence following a liposuction surgery in Nepal. Post-surgery complications include uneven thighs, pain, loose skin, and worsening conditions after further treatment. A second surgery reportedly caused permanent disfigurement, wound reopening, and skin damage.

The petitioner seeks compensation of NPR 31,700,000 for medical expenses, lost income, future treatment, and mental distress. The claim also includes holding the medical institution vicariously liable and pursuing criminal penalties against the medical practitioner, including license revocation under Section 232(2) of the Criminal Code, 2074.

The case is currently under investigation and trial.

 

CASE #4: DEFECTIVE MOTORCYCLE AND DENIED WARRANTY: CLAIM FOR REFUND AND COMPENSATION(STATUS: ONGOING)

 

The petitioner purchased a new motorcycle with an 18-month warranty but experienced persistent issues from the start, including poor pickup, excess smoke, and battery failure.

Despite repeated complaints, the seller refused to honor the warranty, forcing the petitioner to pay for repairs.

The case has been filed under the Consumer Protection Act, 2075, demanding – refund of the purchase price i.e. NPR 4,45,900 as legal compensation and court expenses and return of the defective motorcycle

 
 

CASE #5: STROKE AFTER ANGIOGRAPHY: MEDICAL NEGLIGENCE CASE MOVED TO CONSUMER COURT(STATUS: ONGOING)

 

Originally filed in Kathmandu District Court and now transferred to the Consumer Court, this case involves alleged medical negligence during a cardiac angiography at a hospital in Kathmandu.

The patient suffered a severe stroke, resulting in permanent paralysis and a near-vegetative state. Allegations include failure to follow medical protocols, unnecessary tests, overprescription, and inflated billing.

The claimant seeks NPR 3,000,000 in medical reimbursement, lifelong care compensation, and interim relief under Section 51 of the Consumer Protection Act, 2075.

 

CASE #6: COMPLAINT OVER LAPTOP BATTERY LIFE MISREPRESENTATION RESOLVED AMICABLY (STATUS: WITHDRAWAL)

 A consumer purchased a laptop based on the seller’s claim that the battery would last 4-5 hours, but it lasted only 2-3 hours. When the consumer tried to return or exchange the laptop, the seller refused and was disrespectful. The consumer, who is visually impaired and requires the laptop for studies, suffered financial, mental, and physical harm due to this. The consumer filed a complaint in the Consumer Court seeking compensation for the damages and a refund or replacement of the laptop as per the Consumer Protection Act. Evidence and witnesses were presented to support the claim.
 

CASE #7: FLOOD-DAMAGED VEHICLE NEGLIGENCE CASE SETTLED AMICABLY UNDER CONSUMER PROTECTION ACT (STATUS: WITHDRAWAL)

 

A case was filed under the Consumer Protection Act, 2075, against a vehicle seller, service center, and manufacturer for alleged negligence in handling a fully insured flood-damaged vehicle.

The complainant cited poor communication, unauthorized engine dismantling, and repair delays, resulting in financial loss and emotional distress. Compensation sought totaled to NPR 1,25,72,345.07.

The case was resolved amicably, leading to the withdrawal of the case.

 


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Ankita Shrestha

Ankita-Shrestha

Rabina K.C.

Rabina K.C.