No Refund? Your Rights Under Consumer Protection Act 2075

The “No Refund” Myth

We have all seen the sign: “Goods once sold cannot be returned or exchanged.” In Nepal, this is standard business practice for many offline retailers. But is it legal? Under the Consumer Protection Act, 2075 (2018), consumers have significantly more power than they realize.

1. The Right to Return (Section 14)

The Act explicitly provides a “Right to Return” for consumers.

• 7-Day Window: For general goods, you have the right to return them within 7 days of purchase.
• Sealed Goods (15 Days): For sealed/packaged products, the return window is extended to 15 days provided the seal is unbroken.
• Refund vs. Exchange: You can demand a refund of the amount paid or exchange it for similar goods.
• Exceptions: Perishable items (Milk, meat, vegetables) or goods damaged by the user are not returnable.

Condition: You must present the original bill/receipt and the goods must be in their original condition (not damaged by you).

2. Defective or Substandard Goods

If a product turns out to be defective, expired, or different from what was advertised (common in online shopping):

• The seller must replace it or provide a full refund.
• Offering “Store Credit” instead of cash is technically not compliant if the consumer demands a refund.
• Compensation: If using the defective product caused you harm (property damage or health issues), you are entitled to compensation under the Act.

3. Online Shopping (Daraz, Hamrobazaar)

The Act applies equally to e-commerce.

• If an item delivered is different from the photo or description, you have the right to reject the delivery or return it.
• Platforms cannot hide behind “Marketplace” disclaimers; they share liability for listed products.

4. Where to Complain?

If a seller refuses a legitimate return request:

1. Keep Records: Save the bill and photos of the product.
2. Hello Sarkar: File a complaint via the Hello Sarkar portal or call 1111.
3. Department of Commerce: File a written complaint at the Department of Commerce, Supplies and Consumer Protection.
4. Compensation: The Chief District Officer (CDO) has the power to fine the business immediately (on the spot) for unfair trade practices.

Conclusion

“Consumer is King” is not just a slogan; it’s the law. While small exchanges should be handled amicably, never let a business bully you into accepting a defective product. Always ask for a VAT blll—it’s your only proof of purchase.