Much to the relief of consumers across the state, the Kerala state consumer dispute redressal commission upheld the path-breaking verdict passed by the Ernakulam consumer dispute redressal forum that any cash memos issued by the traders and shopkeepers bearing the lettering ‘Goods once sold will not be taken back or exchanged’ are liable to face legal action.
The complaint was filed by Sebastian Abraham and M N Manohar from Idukki against the officer in charge of the Cochin Duty Free Shop of Cochin International Airport, Nedumbassery for selling them defective items and also against the Legal Metrology Department, Vikas Bhavan, Thiruvananthapuram for not exercising its power in the Ernakulam consumer redressal forum.
The first opposite party challenged the verdict in the state commission.
To this, the State Consumer Dispute Redressal Forum has issued judgment on 29 June 2013 on the appeal, stating that bills bearing such condition is considered as unfair trade practice and against the government order.
This is against section 14 of the Consumer Protection Act, 1986.
“According to section 14 of the act, any aggrieved consumer has a right to get relief against defective goods deficiency in service, over price charges including unfair and restrictive trade practices followed by the traders, manufacturers and service providers”, it stated.
In the light of the above findings, the commission finds no merit in the appeal and the same is liable to be dismissed with a cost of Rs 5000, it added.
Earlier, the district forum disposed of the petition by ordering the duty paid shop to pay a compensation of Rs 5000 to the aggrieved party and the state commission upheld the verdict.
M N Manohar, one of the complainants, lauded the decision and said that it truly upheld the rights of the consumers.The government order (P) No. 6o/07/F,CS and CA dated November 3, 2007 had already stated that the cash memos and bills issued by the traders and shopkeepers should not carry this condition.
The violation of this order is liable to be punished under the Consumer Protection Act, 1986.
The Legal Metrology department became the second opposite party as the GA has already authorised the Controller of the Legal Metrology Department and the Commissioner of Commercial Taxes to conduct periodic inspection in shops to ensure that the traders and shopkeepers are strictly following the order.