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फोर्डसहित ६ गाडी विक्रेताको फाइल सरकारी वकिल कार्यालयमा , विभाग आफैं मुद्दा लड्दै

काठमाडाैं, १ फागुन । आपूर्ति व्यवस्थापन तथा उपभोक्ता हित संरक्षण विभागले ६ वटा गाडी विक्रेता कम्पनीको सक्कल फाइल सरकारी वकिलको कार्यालय काठमाडौंमा पठाएको छ । विभागले सोमबार दिउँसो ठगी अभियोग लागेका ती कम्पनीहरूलाई ‘कुन अभियोगमा मुद्दा दर्ता गराउन जायज हुन्छ ?’ भन्ने बारेमा आवश्यक कानुनी राय दिन आग्रह गर्दै पञ्जिकासहितको सक्कल फाइल सरकारी वकिलको कार्यालयमा पठाएको हो ।

लामो समयदेखि विक्रेता र माथिल्लो सरकारी निकायको दबाब झेल्दै आएको विभागले शुक्रबारदेखि नै सो फाइल सरकारी वकिलको कार्यालयमा पठाउने तयारी सुरु गरे पनि ३ दिनपछि सोमबार मात्रै ६ विक्रेता कम्पनीको फाइल रायका लागि पठाएको हो ।

विभागले यी गाडी विक्रेताको फाइल यसअघिको जस्तो थप अनुसन्धानका लागि प्रहरीमा नपठाउने भएको छ । प्रहरीमा पठाउँदा प्रक्रिया लामो हुने र त्यसले गर्दा मुद्दा कमजोर बन्ने देखेर नै विभाग आफैं मुद्दा दर्ता गर्न अघि सरेको हो ।

सरकारी वकिलको कार्यालयमा विभागले यी गाडी विक्रेता कम्पनीहरूलाई कुन अभियोगमा मुद्दा चलाउँदा प्रभावकारी कारबाही हुन्छ ? भन्ने विषयमा आवश्यक राय माग गरिएको छ ।

महानिर्देशक कुमार दाहालले प्रहरीकहाँ फाइल पठाउँदा भन्दा आफैं दर्ता गर्दा मुद्दा बलियो हुने देखेर आफैं विभागले प्रहरीलाई फाइल नदिने निर्णय गरेको जानकारी दिए ।

विभागले आफूले अनुगमन गरी विभिन्न कम्पनीका गाडीको मूल्यसूची समेतलाई विश्लेषण गर्दा ती कम्पनीले प्रचलित कानुनमा उल्लिखित व्यवस्था विपरीत शुल्क असुली गर्ने गरेको भेटिएकाले ‘कुन ऐनको कुन दफा प्रयोग गरी अभियुक्तहरूलाई हदैसम्मको कारबाही गर्न सकिन्छ ?’ सोको राय पठाउन आग्रह गरिएको छ ।

विभाग स्रोतका अनुसार विभागले पठाएका विभिन्न कम्पनीका गाडीमा २१ प्रतिशतदेखि ४८ प्रतिशतसम्म नाफा लिएको भेटिएको छ । विभागबाट प्राप्त गोप्य जानकारीअनुसार सबैभन्दा बढी फोर्ड गाडीका आधिकारिक विक्रेता जीओ अटोमोबाइल्सले ४८ प्रतिशतसम्म नाफा लिएको छ ।

६ वटा फाइलमा २० प्रतिशतभन्दा कम नाफा देखिएकाले ती कम्पनीलाई दोस्रो चरणमा सरकारी वकिलको कार्यालयमा पठाउने तयारी भइरहेको छ । विभागका महानिर्देशक दाहालले बाँकी ६ कम्पनीको फाइल दोस्रो चरणमा कानुनी रायका लागि पठाइने जानकारी दिए । उनले सरकारी वकिलको कार्यालयले दिएको रायको आधारमा विभागले सिधै जिल्ला अदालत काठमाडौंमा मुद्दा प्रक्रिया अघि बढाउने जानकारी दिए ।

विभागले सरकारी वकिलको कार्यालयमा आवश्यक कानुनी रायका लागि फाइल पठाएका गाडी विक्रेता कम्पनीहरूमा फोर्ड गाडीको आधिकारिक विक्रेता जीओ अटोमोबाइल्स, आइचर गाडीको आधिकारिक विक्रेता इस्टर्न एजेन्सी प्रालि, रेनल्ट गाडीको आधिकारिक विक्रेता एडभान्स अटोबाइल्स, किया गाडीको आधिकारिक विक्रेता कन्टिनेन्टल इन्टरप्राइजेज प्रालिलगायत छन् । यी गाडीमध्ये सबैभन्दा कम कन्टिनेन्टल इन्टरप्राइजेज प्रालिले २१ प्रतिशत नाफा लिएको भेटिएको छ ।

दाहालका अनुसार विभागले तयार पारेको निर्देशिकाअनुसार डिलरले २ प्रतिशत र खुद्रा विक्रेताले मात्रै २० प्रतिशत नाफा खान पाउनेमा उनीहरू डिलर भएर पनि त्यतिधेरै नाफा लिने गरेकाले सो कार्य प्रचलित कानुन विपरीत रहेको आरोप विभागले लगाएको हो ।

विभागले उपभोक्ता संरक्षण ऐन २०१३ को दफा १३ १, बमोजिम विभिन्न कम्पनीको अटोमोबाइल्स कम्पनीमा अनुगमन गर्दा भन्सार ऐन, मूल्य अभिवृद्धि कर ऐन २०५२ को दफा १२ क बमोजिमको आधार एकातिर आकर्षित हुने र अर्काेतर्फ कालोबजार तथा केही सामाजिक अपराध तथा सजाय ऐन २०३२ को दफा ३ १ अनुसार नाफाखोर कसुर आकर्षित हुने बेहोरा ऐनले औंल्याएको छ ।

त्यस्तै, मुलुकी ऐन २०२० को ठगी महलसमेत यो मुद्दामा आकर्षित हुने देखिएको भए पनि यस प्रकृतिको ठगी मुद्दामा कुन ऐनको कुन दफा आकर्षित हुन्छ ? भन्ने विषयमा आवश्यक राय माग गरी पत्र पठाइएको छ । वकिल कार्यालयबाट राय आइसकेपछि सोही रायको आधारमा विभागले अदालतमा मुद्दा दायर गर्ने तयारी गरिरहेको छ ।

नाडा प्रतिनिधिको मन्त्रालयमा बास मन्त्रीले लगाए चिठीमा तोक
आइतबार नेपाल अटोमोबाइल्स एसोसिएसन (नाडा)को प्रतिनिधिमण्डलले आपूर्तिमन्त्री र वाणिज्य विभागका महानिर्देशकलाई एउटै बेहोराका दुई पत्र लेखे । त्यसमा गाडीको मूल्य निर्धारणका लागि एउटा उच्चस्तरीय कार्यदलको मागसमेत गरिएको छ ।

यसरी माग गरिएको पत्रमा आपूर्तिमन्त्री जयन्त चन्दले व्यवसायीहरूको मागबमोजिम खर्च र मुनाफाका सम्बन्धमा स्पष्टताका लागि अर्थमन्त्रालयमा लेखिपठाउने भनेर तोकादेश दिएका छन् । सो आदेशअनुसार मन्त्रालयले आवश्यक अनुसन्धान गरी मन्त्रालयमा पठाउने तयारी गरिरहेको छ ।

मन्त्रालय स्रोतका अनुसार मन्त्रालयले अर्थ मन्त्रालयमा मूल्य स्पष्टताका लागि सोमबार नपठाउने देखेर नाडाका प्रतिनिधिहरू दिनभरि जस्तो नै मन्त्रालयमा नै बसिरहेका थिए ।

उनीहरूले मन्त्रालयका कर्मचारीहरूलाई यथासक्य चाँडो सो विषयमा पत्र अर्थ मन्त्रालयलाई पठाउन दिनभरि नै पटक पटक दबाब दिने प्रयास गरे । अन्त्यमा उनीहरूको सो सक्रियताअनुसार काम भएन । अर्थात् सोमबार मूल्य स्पष्टताका लागि आपूर्ति मन्त्रालयले सो फाइल अर्थमा पठाएन । मन्त्रालय स्रोतका अनुसार बुधबार त्यो फाइल अर्थमा आवश्यक रायका लागि पठाउने तयारी भइरहेको छ ।

अर्थले असाधारण निर्णय नगरेको खण्डमा मन्त्रिपरिषद्ले तोक्नुपर्ने गाडीको मूल्यसूचीबारे अर्थमन्त्रालयले कुनै टिप्पणी गर्नेछैन । ‘अर्थले यस विषयमा खासै टिप्पणी गर्ला जस्तो भने लाग्दैन,’ स्रोतले भन्यो, ‘यस्तै अवस्थामा अर्थले यसअघि कुनै पनि टिप्पणी नगरी मन्त्रिपरिषद्लाई जिम्मा दिने गरिएको छ ।’

यसअघि नै अर्थमन्त्री, राजस्व सचिव र वाणिज्य मन्त्रीलाई भेटेर आवश्यक दबाब दिइरहेका गाडी विक्रेता कम्पनीहरूले यसपटक भने लिखित रूपमा नै निवेदन दिएर गाडीको अनुगमन रोक्न गुहार मागिरहेका छन् । उनीहरूले आपूर्ति विभागका महानिर्देशकले भेट्न अस्वीकार गरेपछि मन्त्रालयमा अनुगमन रोक्न लबिङ सुरु गरेका हुन् ।

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