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The retailer is guilty of several unfair practices. First and foremost, when a retailer sells goods, he is expected to ensure that it is free from defects. He failed to do this. Second, he announced a ‘festival discount’ — meaning that he is offering a discount as part of the Diwali celebration on fresh, new stock. It was not a sale meant to get rid of defective pieces. So all the more reason why there should not have been a defective piece.
Subsequently, he agreed to exchange it, but only after the sale period — this was again an unfair condition and not made known to you at the time of purchase. He is also now telling you that you have to pay the full price when you exchange it after the sale. This is again an unfair trade practice and totally unacceptable. In other words, he could have made amends for selling a defective saree by apologising to you and immediately replacing the defective saree, with something costing a little more than what you had bought, to compensate you . Instead, he has behaved in a highly unprofessional and unethical manner. He is now guilty of selling a defective product; he is also guilty of several unfair trade practices. He has also robbed you of the pleasure of wearing the saree bought for the festival, on the Diwali day. You have a right to a refund or a defect-free replacement and also compensation for the harassment, distress and disappointment caused to you, in addition to the cost of transportation spent by you for travelling to the shop the second and the third time and also for the time wasted in the process. Tell him this — if he does not respect your rights, you must not only lodge a complaint against him before the consumer court, but also warn all your friends and relatives about his unethical and anti-consumer conduct. I must also warn you that the shopkeeper may suggest that you leave with him, the defective piece along with the receipt and come back after a week, so that he would be able to talk to the manufacturer and find a solution to the problem. Do not agree to any such suggestion. Remember, the retailer cannot shift the responsibility for replacing the defective piece on to the manufacturer and say that he will exchange it only if the manufacturer agrees to do so. As far as you are concerned, the retailer has sold you a defective piece and he has to redress your complaint. What kind of evidence do you need in cases such as these to fight the case in the consumer court? First and foremost, you will need the receipt to prove the transaction, the date of purchase and the description of the product. You also need to show the defect in the saree — so you need the saree. It is also good to take some pictures of the defect, along with pictures indicating the shopkeeper’s tag and the price. It is also advisable to write a formal letter to the shopkeeper, putting on record the facts of the case. If you had a friend with you during your visit to the shop, get the statement of that person too, as part of the evidence.
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I
purchased a saree during the festival discount sale announced by a
local shopkeeper during Diwali. However, when I opened it to wear it,
I found some defects in the weave of the chiffon saree. When I went
back to the shop, he first refused to replace it, saying that since
this was bought during a sale, there was no exchange facility. After a
lengthy argument, he agreed to give me a replacement, but after the
‘sale’. Even here, he said I will have to pay the full price when
I exchange. Is this fair? What are my rights here?
Third,
even though you have a right to a refund here, you were not even
asking for it, but only a replacement. Yet, he was unwilling to give a
replacement, on the ground that it was not permissible. If there were
such conditions pertaining to the sale, he must have made them know to
you before purchase. He did not do it.