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I bought a pair of jeans at a retail outlet. At home, I discovered that I had a similar pair and decided to exchange it. When I went back to the retailer, I was told that he does not exchange goods on Saturdays and I must come another day. Since the shop is closed on Sunday, Saturday is the only day that I can visit the shop. How do I deal with this? Can the shopkeeper put such conditions? First and foremost, the retailer cannot put such unilateral conditions, without your knowledge and bind you, thereby preventing you from exchanging the garment on a day that is convenient to you, just because it does not suit the retailer. If the retailer had some valid reason for not exchanging the garments on Saturdays, then he should have made it known to every customer before they purchased the goods- so that those who did not like such conditions, would have not bought from him at all.
I bought a pair of shoes from a factory outlet. Within a few days, the sole of the shoe came apart and when I took it back to the shop, I was shown the back of the receipt, where there were some conditions of purchase — one of them being that the shopkeeper does not take any responsibility for the quality of goods sold. On the basis of that, he said he will neither give me a replacement nor a refund. I paid Rs 4,000 for the pair and I really feel cheated. What can I do? As a consumer, you have every right to a defect-free product and if the product turns out to be defective, to a defect-free replacement or a refund, as per your preference. The shopkeeper cannot deny you that right. Besides, the conditions printed on the back of the receipt cannot bind you. In Tip Top Drycleaners vs Sunil Kumar (Revision petition No 1328 of 2003) for example, the National Consumer Disputes Redressal Commission, dismissed the contention of the drycleaner that the terms and conditions printed on the back of the receipt absolved him of any liability in respect of loss or destruction of clothes given for dry cleaning and pointed out that the consumer had not even seen them nor had he signed his acceptance of those. The Supreme Court too, in Central Inland Water Transport Corporation vs Brojonath Ganguly (6-4-1986), discussed unfair and unconscionable terms and conditions at length (though in a different context), and held that the courts will not enforce unfair and unreasonable contracts and will strike down unfair and unreasonable terms in a contract, when they are between two parties having unequal bargaining power. Talk to the retailer and explain this to him. You can also warn him that if you go to the consumer court, he will also have to pay you compensation and costs of litigation, in addition to refunding the cost of the shoes. If he continues to be unreasonable, file a complaint before the consumer court.
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In this case, obviously,
you were not made aware of this condition before purchase nor did you
agree to such a condition. He cannot deny you the exchange on a day
convenient to you. Explain this to the retailer — hopefully, he will
see reason in what your are saying. If he does not, get together with
some other customers (may be some friends of yours) of the shop and
write to him saying that you will boycott his shop if he puts such
unreasonable conditions that affect your rights as a consumer. If he
does not want to lose his customers, he will change his way of doing
business.