Buyers beware!
Return of defective goods
Pushpa Girimaji

Pushpa Girimaji

Can a shopkeeper refuse to take back defective goods, saying that the receipt says “No exchange; No return”? This is what a shopkeeper told me when I asked him to change a pair of shoes that I had bought.

If the shopkeeper gave you false information about the shoe or misled you on its advantages in order to sell it, then it is an unfair trade practice, as defined under the Consumer Protection Act. If the quality of the product sold to you does not fit the description  or the claims made by the manufacturer or the seller, then it comes under the definition of a “defective product” (under the CP Act). Here the shopkeeper is guilty of unfair trade practice as well as sale of a defective product. And you, as the victim, have every right to demand that the shopkeeper give you a pair that is not just defect-free, but matches the quality claims made by the retailer. And the shopkeeper cannot take shelter under the unilateral terms printed on the receipt, saying, ‘No exchange, no return’.

Consumer courts have made it clear that such one-sided and unfair terms are not binding on the consumer. In the case of Tip Top Drycleaners vs Sunil Kumar ( Revision Petition No 1328 of 2003), for example, the central issue was whether the drycleaner can point to the conditions printed on the back of the receipt and deny compensation to the customer for the loss of clothes given for dry cleaning. The highest consumer court in the country, the National Consumer Disputes Redressal Commission, here pointed out that the customer had neither seen the conditions nor signed his acceptance of those and they were not binding on the consumer.

What are the requirements for filing a complaint before the consumer court?

You need to put together adequate evidence to prove your allegation. If you are complaining about a defective product, you need to have the cash receipt indicating the date on which you bought the product, the shop from where you bought it and the amount you paid. Second, you need to prove that it is defective. If you have, for example, “job cards” or receipts from the service centre or the servicing personnel who attended to your complaint, that would show the number of times it was repaired and the nature of the complaint. Where you do not have such evidence, you may need the opinion of an expert to back your claim. You can also check from websites that put out consumer complaints whether there are more consumers complaining against the same model.

The complaint should have the name and full address of the complainant and the opposite party. After stating whether it is a complaint against a defective product or a deficient service or an unfair trade practice, you can narrate the sequence of events leading to the complaint. The next step is to describe the loss and harassment caused to you.

You should list out the documents that you have attached (make sure that they are attested as true copies) as part of the evidence. Finally, enclose a notarised attested affidavit saying that the facts stated are true.

You can download a copy of the Consumer Protection Act from the website of the National Consumer Disputes Redressal Commission (www.consumercom.nic.in) or buy a copy of the ‘Bare Act’ from a book shop and read it before you file your complaint. It is quite simple and will help in ensuring that you do not make a mistake with regard to territorial or pecuniary jurisdiction. From the website of the National Commission, you can see the orders of the consumer courts, that will help you understand how similar issues have been dealt with.

What is the time limit for deciding a consumer case in the consumer court?

The time limit provided under the Consumer Protection Act for deciding cases is three months/90 days (150 days in case the complaint requires testing of goods in question). The Act also prohibits adjournments given without sufficient cause. Says Section 13 (3A): “Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum”. The Act also provides for costs to the party affected by such adjournment. The law also stipulates that the Forum settle the case ex-parte, if the opposite party fails to take any action to represent his case within the time given by the Forum.

If there is demand for money for speeding up your case, you can complain to the President of the State Consumer Disputes Redressal Commission. In case of a complaint against the State Commission, to the president of the National Commission. You can also send a complaint to the Secretary, Department of Consumer Affairs, Union Ministry of Consumer Affairs, Krishi Bhawan, New Delhi and also to the Secretary in charge of consumer affairs in the state government.

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