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Is there any case law that would help me in case I need to go to the consumer court? In the case of Byford Leasing Ltd vs S.V.R.Rao (FA NO 426 of 1993, decided on Feb 21, 1995 ) the allegation of the consumer was that the company had advertised the sale of reconditioned cars with a six-month warranty. However, after purchase, the consumer found that the car was defective and not road-worthy. In response to his complaint, the National Consumer Disputes Redressal Commission directed Byford to refund the cost of the car along with 12 per cent interest and pay Rs 10,000 as compensation to the consumer. I must also say that several countries around the world have enacted regulations to protect consumers buying second-hand goods. In the United Kingdom, for example, anyone selling used electrical goods should ensure that the goods meet legal safety requirements. Those who sell unsafe or incorrectly labelled electrical goods are liable to be prosecuted and punished with imprisonment and fine. In fact, such sellers are also liable for any loss or damage caused to the consumer on account of such goods. Similarly, in New Zealand, the Consumer Gurantees Act, protects the rights of those buying second-hand goods. Here again, the law mandates that such goods must be of acceptable quality, they should be fit for the purpose they are made, should be free from minor defects, safe, and should last for a reasonable length of time. Given the large-scale sale of used electronic goods in the country, we too need to have some laws to protect those who buy such goods. The best option might be to do this through an amendment to the Consumer Protection Act.
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I
bought a second-hand cellphone from a shop selling cellphones. The
shopkeeper assured me that it was in an excellent condition, but
within two days of using it, I realised that the phone was not working
properly. When I took it back, the shopkeeper told me that since it
was a second-hand set, he will not take it back or change it. Does
that mean that I have no rights as a consumer when I buy second-hand
goods? I had paid Rs 4,000 for that set.
The retailer cannot
escape liability for the quality of the product by claiming that it is
a used product, particularly after assuring you that it was in
excellent condition. Even if the goods are not brand new and have been
used, they should be fit for the purpose for which it has been sold,
they must be safe and have a reasonable life. After all, even used
goods do not come cheap and those who buy them too have a right to a
fair deal, besides other consumer rights such as the right to be
protected against unsafe and hazardous goods, the right to choose, the
right to information and right to redress. So demand a replacement
from him and the next time you buy a used product, always ask for a
fresh warranty. And never forget to collect the receipt. In fact,
before you buy any used product, be it a mobile phone or a
refrigerator or a car, ask the retailer if he is willing to give you a
warranty about the product and if so, for how long. You can also check
on the after-sales service. In short, ask questions and make sure you
are buying from the right retailer.