July 17th, 2009 at 02:56am
Under Consumer Law
Consumer protection laws exist to protect regular folks just like you and me. They’re there to give consumers a way to remedy situations where there has been an outright scam, advertising that is misleading (or a flat out lie), bad service, failure of a service company to fulfill a contract and the likes.
Consumer Protection Laws
One way that these consumer protection laws are upheld is through consumer protection class action lawsuits. These are lawsuits that are brought against companies or individuals who have broken the consumer protection laws. Basically, the idea is to have a mechanism in place that makes manufacturers and businesses do and provide what they say that they’re going to, when we pay them our hard earned money. So what are some situations that might demand a consumer protection class action lawsuit?
Well, let’s take a look at three common scenarios where consumer protection laws are violated and class action lawsuits may be warranted:
You buy something at a national chain store like K-mart or Walmart … you expect it to be and do what it has been marketed to do, right? But wait, that Martha Stewart glass top table that you purchased just shattered and you sure haven’t used it inappropriately. Hopefully, no one was hurt in the process, but still your table didn’t hold up to normal wear and tear …
In a case like this, it’s worth checking around to see whether this was a one-time fluke or if it’s a manufacturer’s defect. If it’s a defect, a consumer protection class action may be in order.
Or maybe you’ve finally decided it’s time to join the rest of the world online and you sign-up for a well known Internet service provider … everything’s going along just fine until BAM … you get your bill and they’ve gone ahead and billed you during their “free trial”. Think it’s a mistake? Think again … they’re actually making a killing off of unsuspecting computer newbies. And what’s worse? They’re nearly impossible to reach by phone!
In situations like this, companies are just plain cheating the public and they know it. You’ll notice that so-called ‘accounting and billing mistakes’ are never made in favor of the consumer.
How about this situation … have you ever had a lender (of any kind) request that you sign a consumer credit contract without full disclosure of the terms of the agreement? Or maybe you’ve purchased something on credit and the base price has been raised because you aren’t paying cash?
These are clear violations of the Truth in Lending Act. If you and others have had the same bad experience, a consumer class action is perhaps the only way to stop these people from doing what they’re doing and to collect any damages due you.
Consumer protection laws are in place to protect the public from these and many more instances of fraud. Maybe it’s time you looked into that problem you’ve been having with a product or service provider and see if there isn’t already a consumer protection class action lawsuit in play that addresses your needs.
By Law Article
July 15th, 2009 at 08:57am
Under Consumer Law
THE CONSUMER PROTECTION ACT, 1986, a basic focus-
The Consumer Protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. The main objective of the new law is to provide for the better protection of the consumers unlike existing laws, which are punitive or preventive in nature. The Act intends to provide simple, speedy & inexpensive redresses to the consumer’s grievances.
In India various Acts intended to protect the consumers against different forms of exploitation were enacted, such as, the Indian Penal Code, I860; Indian Contract Act, 1872; Drugs Control Act, 1950; Industries (Development and Regulation) Act, 1951; Indian Standards Institution (certification marks) Act, 1952; Drug and Magic Remedies (Objectionable Advertisement) Acts, 1954; Prevention of Food Adulteration Act, 1954; Essential commodities Act, 1955; Trade and Merchandise Marks Act, 1958; Hire purchase Act, 1972; Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975; Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980: Essential commodities (Special Provisions) Act, 1981; Multi-State Cooperative Societies Act, 1984; Standard of Weights and Measures (Enforcement) Act, 1985; and Narcotic Drugs and Psychotropic Substances Act, 1985. Some significant consumer protection enactments of pre-independence time are the Sale of Goods Act, 1930; Agriculture Produce (Grading and Marketing) Act, 1837 and Drugs and Cosmetics Act, 1940.
The Consumer Protection Act is an alternative and cheapest remedy already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees or even process fee. Proceedings are summary in nature and endeavor is made to grant relief to the parties in the quickest possible time keeping in mind the spirit of the Act, which provides for disposal of the cases within possible time schedule prescribed under the Act.
Who is a Consumer?
A consumer is any person who buys any goods for a consideration and user of such goods where the use is with the approval of a buyer, any person who hires/avails of any service for a consideration & any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment. Goods mean any movable property and also include share, but do not include any actionable claims. Service of any description is covered under C.P.Act & includes Banking, financing, insurance, transport, processing, housing, construction, supply of electrical energy, entertainment, amusement, board and lodging, among others.
Who can file a complaint?
A complaint on a plain paper either handwritten or typed, can be filed by a consumer, a registered consumer organization, central or State Government & one or more consumers, where there are numerous consumers having the same interest. No stamp or court fee is needed.
Consumers can make complaints against which of the things?
A) Any unfair trade practice or restrictive trade practice adopted by the trader.
B) Defective goods.
C) Deficiency in service.
D) Excess price charged by the trader.
E) Unlawful goods sale, which is hazardous to life and safety when used.
Where to file a complaint?
The Consumer Protection Act has provided for a three tier system popularly known as “Consumer Courts” :-
A) District Forum: For claims up to Rs.20 lakhs.
B) State Commission: For claims above Rs.20 lakhs but less than Rs.1 crore.
C) National Commission: For claims above Rs. 1 crore.
The nature of complaint must be clearly mentioned as well as the relief sought by the consumer. It must be filed in quadruplicate in District Forum or State Commission (as the case may be) if there is only one opposite party. Otherwise, additional copies are required to be filed. Generally complaint should be decided within 90 days from the date of notice issued to the opposite party. Where a sample of any goods is required to be tested, a complaint is required to be disposed off within 150 days.
What are the reliefs available to consumers?
Consumer courts may grant one or more of the following reliefs:-
A) Repair of defective goods.
B) Replacement of defective goods.
C) Refund of price paid for the defective goods or service.
D) Removal of deficiency in service.
E) Refund of extra money charge.
F) Withdrawal of goods hazardous to life and safety.
G) Compensation for the loss or injury suffered by the consumer due to
negligence of the opposite party.
H) Adequate cost of filing and pursuing the complaint.
I) Grant of punitive damages.
What Is The Legislation That Ensures All These Rights?
It is the Consumer Protection Act, 1986. The act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair or restrictive trade practices, which may be practiced by manufacturers and traders. There are various levels of ad judicatory authorities that are set up under the Act, which provide a forum for consumers to seek redressal of their grievances in an effective and simple manner.
What Are The Other Advantages To The Consumer Under This Law?
The consumer under this law is not required to deposit advalorem court fees, which earlier used to deter consumers from approaching the Courts. The rigors of court procedures have been dispensed with and replaced with simple procedures as compared to the normal courts, which helps in quicker redressal of grievances. The provisions of the Act are compensatory in nature.
So we can see that The Act has come as a panacea for consumers all over the country and has assumed the shape of practically the most important legislation enacted in the country during the last few years. It has become the vehicle for enabling people to secure speedy and in-expensive redressal of their grievances. With the enactment of this law, consumers now feel that they are in a position to declare âsellers be awareâ whereas previously the consumers were at the receiving end and generally told âbuyers be awareâ.
Subhojyoti Acharya is a 5TH & final Yr. student of B.A.LLB(Hons) in the prestigious Department of Law, Calcutta University, India. His career objective is to excel in the field of law and to become a part in this dynamic growth oriented profession and meet new challenges in life.
By Law Article
July 15th, 2009 at 02:56am
Under Consumer Law
Manufacturers have for years been putting out false propaganda that a consumer does not have a lemon law claim unless he or she has four repair attempts for the same defect within the first 18,000 miles. This is simply incorrect. It is an effort by car manufacturers to discourage otherwise worthy consumers from pursuing claims for defective products.
The correct standard is whether the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period. A reasonable opportunity usually involves more than one repair attempt; I have seen few cases succeed with two repair attempts unless it’s a very serious defect which threatens the safety of the occupants of the car. “Within the warranty period” means exactly what it says: if your car has a drive train warranty for 70,000 miles and the drive train is defective, then you have 70,000 miles to have the manufacturer make the necessary repairs effectively. If they don’t fix the drive train, and if you have given the manufacturer a reasonable number of repair attempts, then you have a lemon law claim.
Also, if the manufacturer cannot fix the problem within the warranty period, and you notify the manufacturer or its dealership representative in writing within 60 days after the last failure to repair the problem, then the warranty does not expire as to that defect. Thus, if the consumer above had notified the manufacturer of its failure to repair the vehicle within 60 days after the last unsuccessful repair attempt, then the warranty does not expire as to that drive train defect.
There is something called the “lemon law presumption”, and this is the only part of the lemon law where there is a requirement of 4 repair attempts within the first 18,000 miles. This is a legal presumption affecting the burden of proof in a lemon law lawsuit. Normally, the plaintiff bears the burden of proving that he or she has given the manufacturer a reasonable number of repair attempts to fix the vehicle. If, however, the consumer proves that he or she brought the vehicle in for repairs for the same defect four times within the first 18,000 miles, or if he or she proves that the vehicle was out of service 30 or more days within the first 18,000 miles, then the law shifts the burden of proof to the manufacturer to prove that it was not given a reasonable opportunity to fix the vehicle.
The consumer gets the benefit of the presumption if he or she has two or more repair attempts for a serious safety issue within the first 18 months or 18,000 miles. The safety issue must be a serious safety issue which threatens the safety of the occupants of the car.
As a practical matter, plenty of lemon law cases go forward without the lemon law presumption. The only requirement upon the consumer is that he or she give the manufacturer a reasonable number of repair attempts within the warranty period. If this is done, and the vehicle still is not repaired, the consumer has a lemon law case.
By Law Article
July 13th, 2009 at 02:58am
Under Consumer Law
(Research Paper)
INTRODUCTION
In the early times, consumer was considered as King of the market but in the contemporary society, consumers are no longer safe against the mal practices such as, substandard goods and unsatisfactory services. The consumer has every right to reject any product or services rendered by any manufacturer in the market and can mould them to produce goods of their choice. Indian Consumer are ignorant, illiterate and do no know the role of consumption vis-a-vis economic system as well as quality of life. When they are ignorant of their rights, they cannot know their responsibility as consumers. Consumers in the market find themselves deceived by wrong weights and measures, adulterated and substandard products causing great damages to health. Neelkanta and Anand (1992) found that people prefer to absorb and endure the wrong done to them rather than fight against injustice. This is because consumers do not know the ways and means of facing them confidently. At present the consumer movement in India is in its infancy. Vast majority of the people are not even aware of consumerism as a movement closely connected with the protection of their interest. Many constitutional provisions have been made by government to protect the consumers. Until and unless the consumers avail of these provisions, the protection of consumer becomes inevitable. There is a great need to make them aware of their rights and responsibilities.
The current investigation has been undertaken to seek answers to key aspects such as level of consumer awareness regarding legislation and organization with the specific objective such as :
• To assess the awareness of respondents towards (i) consumer terminology (ii) legal laws.
• To ascertain the awareness of respondents regarding consumer organizations and various information sources.
MATERIAL AND METHODS
(a) Research Design : Survey method was used with a structured type questionnaire as the data-collecting instrument.
(b) Pre-Testing : Pre-testing was done on 20 subjects (10 males and 10 females) for clarity and reliability of the tool.
(c) Sampling Procedure : The sample for the study was selected from Indore district. Selective sampling was chosen after critical review of literature. It has been observed that consumer behaviour has been imposed on a range of people belonging to middle class. Both rich and poor have different problems.
Therefore the present study was limited to middle class society. Fifty percent respondents were males and 50 percent females having formal education.
(d) Data collection : In total 150 questionnaires were distributed out of which 120 sample was finally selected.
(e) Analysts of Data : The statements on consumer awareness were framed after critical review of literature and discussions with experts in the field. The answer to these statements were sought in terms of ‘right’, ‘wrong’, ‘not sure’ and ‘don’t know’ which were scored as follows :
Right : 3 points
Not sure : 2 points
Wrong : 0 point
Scoring pattern was reverse in case of wrong statements. Thus minimum score was 0 and maximum possible = 105. Mean and Standard deviation were calculated and range was formed to categorize the respondents as follows :
Low awareness : 0 – 35
Partial awareness : 36 – 70
High awareness : 71 – 105
‘t’ – test was used to study the difference between awareness level and sex of respondents.
RESULTS AND DISCUSSION
Consumer Awareness : It was observed from Table 1 that out of total 41.6 percent respondents have low level of awareness regarding consumer terms. Amongst, this, 15.0 percent are males and 26.6 percent females. Only 23.3 percent respondents had partial awareness out of which 15.0 percent are males and 8.3 percent females. Out of total, 35 percent respondents had high level of awareness with 20 percent belonging to males and 15 percent to females. Findings of John’s study (1974) also confirmed that majority of respondents hae partial consumer awareness.
Table 1 : Distribution of sample according to their level of consumer awareness (N = 120)
Respondents
Low
Partial
High
Frequency
% age
Frequency
% age
Frequency
% age
Males
18
15.0
18
15.0
24
20.0
Females
32
26.6
10
8.3
18
15.0
Total
50
41.6
28
23.3
42
35.0
LEGAL AWARENESS
Regarding legal awareness showed that majority of males and female respondents were aware about the legal laws protecting the consumers against adulteration of food stuffs (90 percent males, 86.6 percent females), adulteration of drugs (90 percent males, 86.6 percent females), short weighing (86.6 percent each of males and females); false weights and measures (86.6 percent males, 76.6 percent females) ; using stones for weights (80.6 percent males, 63.3 percent females) ; using hand made balance (76.6 percent males and 50 percent females) and using deceitful packaging (70 percent males and 43.3 percent females). It was concluded from the above findings that males were having better awareness regarding legal laws than female respondents.
Table 2 : Distribution of sample according to level of consumer legal law awareness (N = 120)
S.
N.
Legal Laws
Males
Females
Yes
No
Yes
No
Frequency
%age
Frequency
%age
Frequency
%age
Frequency
%age
1.
Adulteration of food stuff
54
90
6
10.0
52
86.6
8
13.3
2.
Adulteration of drugs
54
90
6
10.0
52
86.6
8
13.3
3.
Short weight & measures
52
86.6
8
13.3
52
86.6
8
13.3
4.
False weights & measure
52
86.6
8
13.3
46
76.6
14
23.3
5.
Misuse of weights & measures
44
73.3
16
26.6
38
66.3
22
36.6
6.
Using stones for weights
48
80.6
12
20.0
38
63.6
22
36.6
7.
Using handmade balances
46
76.6
14
23.3
30
50.0
30
50.0
8.
Using deceitful advertisement
46
76.6
14
23.3
34
56.6
26
43.3
9.
Using deceitful packaging
42
70.0
18
30.0
34
56.6
26
43.3
10
Without giving weighed contents
44
73.3
16
26.6
38
63.3
22
36.6
AWARENESS OF RESPONDENTS REGARDING PRODUCT STANDARD :
Level of awareness regarding various terminologies was observed in Table 3. The data showed that 53.3 percent males and 66.6 percent females were aware of term Ag mark. The term I.SI. was known to 60 percent males and 66.6 percent females respondents. About 30 percent males and 40 percent female respondents were aware of the term mercerization. It was inferred from the finding that more number of female respondents were aware of these specific terms than men. It may be attributed to the fact that it is related more to clothing which is frequently purchased by women than men.
SOURCE OF INFORMATION REGARDING PRODUCT STANDARD:
Majority of male and female respondents got some information of consumer interest through T.V. (86.6 percent males and 6.6 percent females) followed by radio, newspaper and magazines (Table 4). Journals were least commonly used sources of information (33.3 percent males and 36.3 percent females). It can be concluded that mass – media can effectively be used to promote information and awareness especially to educated respondents belonging to middle income group. Mass – media can also play an effective role for masses belonging to different socio-economic categories also.
AWARENESS REGARDING CONSUMER ORGANIZATIONS:
The data in Table 5 showed that 80 percent males and 53.3 percent females were aware about consumer organizations working in and around their area. On the contrary, only 40 males and 26.6 percent females had shown any interest in joining these organizations. The reason given by majority of them was lack of time and no interest in joining them, as it will yield no results. Parameshwar (1988) analyzed that unless the government and voluntary organization can’t achieve the desired results.
Table 3 : Distribution o sample according to their awareness of consumer technology (N = 120)
S.
N.
Legal Laws
Males
Females
Yes
No
Yes
No
Frequency
%age
Frequency
%age
Frequency
%age
Frequency
%age
1.
Agmark
32
53.3
28
46.6
40
66.6
20
33.3
2.
ISI
36
60.0
24
40.0
40
66.6
20
33.3
3.
Sanforized
18
30.0
42
70
24
40.0
36
60.0
4.
Mercerized
8
13.3
26
86.6
12
20.0
48
80.0
Table 4 : Distribution of sample according to mass media information sources (N = 120).
S.
N.
Legal Laws
Males
Females
Yes
No
Yes
No
Frequency
%age
Frequency
%age
Frequency
%age
Frequency
%age
1.
Television
52
86.6
8
13.3
56
93.3
4
6.6
2.
Radio
38
63.3
22
36.3
34
56.6
26
43.3
3.
Newspapers
36
60.0
24
40.0
42
70.0
18
30.0
4.
Journals
20
33.3
40
66.6
22
36.6
38
63.3
5.
Magazines
34
56.6
26
43.3
42
70.0
18
30.0
H 0 : Sex Postulated to be Positive Co-relates Level of Awareness of Selected sample :
Level of awareness between males and females was tested by employing ‘t’ test. The results indicated that awareness level of both male and female respondents showed significant difference. Male respondents were significantly more aware than the female respondents. ‘t’ value – 3.40*. Thus, overall the findings gave an insight into the extent of consumer lack of awareness of many facts that are of much relevance for their own welfare.
Table 5 : Distribution of sample according to their awareness of consumer organization
S.
N.
Legal Laws
Males
Females
Yes
No
Yes
No
Frequency
%age
Frequency
%age
Frequency
%age
Frequency
%age
1.
Consumer organizations working in the area
48
80.0
12
20.0
32
53.3
28
46.6
2.
Interest in joining
24
40.0
36
60.0
16
26.6
44
73.3
FINDINGS
With reference to the above analysis it is inferred that :
1. Television was the main media for both the male and female respondents, which influenced their buying most.
2. There existed a significant difference between the awareness level of the male and female respondents regarding consumer terminology and consumer protection laws. Males were more aware about the popular consumer terminologies than females.
SUGGESTIONS AND ANNOTATION
• It may be recommended that Mass Media and educational institutions need play an effective role in consumer awakening and imparting information regarding organizations working for the consumer’s interest in their area.
• It is extremely imperative to encourage volunteers ; who are gallant, audacious and forthright, concerned in consumer protection movement.
• Organisations, NGO’s, institutions and agencies allied to consumer movements should hearten administrative advocacy in setting consumer disputes.
• Government should enter into theaters with various countries in order to ensure extra territorial operation of the act.
• Government should be pro active towards the cunning policies of MNCs to exploit the consumer.
• A heavy sum should be taken from the multinational companies in the form of security money at the time of their establishment and incorporation.
• Government should make efforts to create a consensus for ‘global consumer policy’.
• Administrative advocacy should be encouraged in order to reduce the burden of consumer redressal agencies.
REFERENCES
Anonymous : Consumer Guidance Society of Bombay. Keem at 5(3&4) : 2-3 (1976).
Bhatia, V : A Study of Homemaker’s Buying Behavious and Attitude Towards Certain Marketing Practices in the city Baroda. M.Sc. thesis (unpublished) M.S. University, Baroda (1973).
Bhatt R : Buying powers of urban poor and public distribution. Keem at, December 1 (977).
Gupta M. and Ogale, N : Educational needs of consumers regarding consumer protection laws. Journal of Research. H.A.U. Hissar, 18 (3) : 236-241 (1988).
John M. : Awareness of Consumer Responsibilities. M.Sc. thesis, (unpublished) M.S. University, Baroda (1974).
Parmeshwar, K.R. : Protect consumer against quality tricksters. Yojana 32 (5) : 29 -31 (1988).
Prof. Loveleen Kaur Chawla(MBA/NET)
By Law Article
July 11th, 2009 at 08:57am
Under Consumer Law
RIGHTS OF CONSUMERS IN CONSUMER PROTECTION LAWS ON DISTANCE TRADING PRACTICES(Based on author’s site www.geocities.com/mlordc)
Many consumers in distance trading suffer financial loss or delays in mail order or online shopping -the consumer protection legislation and Distance Trading Regulations, in basic lay terms, are as follows…
In distant trading mail order companies (including in internet shopping or online shopping) in law do not have to tell you your rights -the entitlement to details exists only if you know your rights and ask ~but it is unlawful also in distance trading for mail order traders expressly or by implication (including orally) to mislead you or to seek to restrict the exercise of your rights in consumer laws.
Whether you have ordered goods from a catalogue, newspaper or magazine, television or internet advertisement, be they on approval or not, goods such as a jackets or dress or shoes, music CDs, video cassettes, DVDs or books, whether a one off purchase or periodically by club membership, paid for by cash or on credit, by debit or credit card, in full or in part, there are some consumer rights not commonly known under various consumer laws and mail order schemes which sometimes can save you time, effort, money.
For example, mail order companies must service serviceable goods they sell, and your credit card company also may be liable.Catalogues usually subscribe to a mail order traders’ association whose logo they display, and there are expectations from them…
1. They must provide accurate information about such details as material used, colour, and size, of the goods they advertise, as well as regarding installation and anything that may restrict their use ~they must state any restriction on availability or delivery -as well as all charges involved, including any extra delivery charges.
2. You must be able within a stated period of time, usually two weeks, to return unwanted goods -if faulty or substitute goods (which must be on approval) post paid by them ~and if goods may require servicing you must be given fullest details if you ask.
3. You must be told how to complain should the occasion arise and speedily must be dealt with complaints and sympathetically.Book or Music Clubs mostly subscribe to a mail order publishers association whose symbol they display and who must investigate complaints in case of failure in the following respects.
1. The main terms of any offer advertised must be stated clearly -must be accurate the details of quality, quantity, price, postage ~they must not be sent you unsolicited without an order (they must be returnable at seller’s expense if on approval); if you sent money it must be acknowledged with despatch date and any delay explained.
2. If you buy regularly you need not give a reason if you wish to cancel after a year, or if price increases exceed the expectation ~if debt collecting they must ensure not to unreasonably bother you.Mail Order items advertised in a medium with a ‘protection scheme’ unless ‘classified’ are protected by advertising practice codes too ~the law requires advertisement to be ‘legal, decent, honest, truthful’ -’washes whiter than white’ is an obvious slogan and fine.Internet or online shopping is equally covered in the Distance Trading Regulations –whether deliver is by mail or courier.
1. You have the right without giving a reason to inform the seller within seven working days (the day of receipt not counting) that you wish to return the goods. You do not have to actually return them within the cooling off period, e.g., if the seller takes his time to issue a return number. Such a cancellation, in law, is for the whole of the package, unless the seller agrees or can be shown by custom and practice to accept return of individual items -e.g., if its RMA request form asks without more for items wanted to be returned to be marked. If you choose to do so, you must return the goods undamaged. If you have paid money, you are entitled to a full refund within thirty days which must be in ‘cash’ -not as credit-note, nor voucher (this is an implied statutory term -a term or condition that makes this the seller’s option is void).
In consumer protection laws and Distance Trading Regulations this is so also if goods are faulty or misleadingly described or not fit for the purpose that the seller was told of or enquired from (including orally –e.g., by telephone) or knew or could reasonably be expected to know –in this case you are entitled also to any return costs (e.g., postage). You are entitled to a refund also if the sale was not fair in the circumstances.
The seller’s discretion to replace or repair is normally exercisable if, e.g., the defect has been discovered after a long time of use, e.g., six months. Reference in law is to ‘goods’ as distinct from their wrapping or packaging -not that they must not have been opened or used; but they must be returned in good condition in reason in the applicable circumstance.
(Any seals that the seller may lawfully ask to be agreed not be broken are only such as may be on the goods themselves and of a kind that would not restrict your legal right to try the goods, e.g., to decide whether you like and wish to keep them -except if the item sealed is “computer software or driver disk” [although it is difficult to see how, e.g., a printer or scanner can be tried without the use of its driver disk to see if one likes and wants to be keep or not within the cooling-off period]).
These legal obligations are of the sellers, directly to the customers, and are not affected by any liability on the part of the manufacturer, and any terms or conditions that exclude or restrict consumer rights given by law, e.g., that the customer must contact the manufacturer instead, even if agreed to, are void in law.
Sometimes are involved return or authorisation number request procedures for administrative purposes of the seller -sellers may not, e.g., by refusing to issue an RMA, lawfully refuse receipt of returned goods.
If in relation to returning goods within the seven-day cooling off period the customer mentions a reason [whether asked or not], e.g. that they are faulty or not fit for the purpose, that does not affect the customer’s right to return them within seven days of receipt, and does not entitle the seller to treat such a reasons to, e.g., insist to repair or replace them under any other terms and conditions.
If goods are returned as faulty and the customer states that the return is for refund, any authorisation bars the seller from exercising any otherwise exercisable discretion. Any such ‘returns policy’ of the seller that, e.g., faulty goods or liability (including for injury or damage resulting from faulty goods) will not be accepted (or that will not be accepted unless made, e.g., within fourteen days of purchase), has no validity in law and any, e.g., internet return-forms that do not open may be tantamount to attempt to unlawfully seek to limit liability or the exercise of the consumer’s rights -as well as absence of ‘good-will’ on the part of the seller and in it’s own right make the contract void and be ‘unfair trading’.
If you are under age, the seller sells you totally at his own risk, because no contract entered into with a party who is under age is binding, and you may not be held to any terms and conditions in case of any dissatisfaction.
2. If you have paid money for goods to be despatched at the seller’s convenience but have not received the goods within thirty days (unless made-to-measure goods or plants or you have agreed to wait longer -when a despatch date must be quoted) you are entitled to a refund -the medium that advertised it must find out if the advertiser has folded and try to get it for you if you claim with full details in reasonable time (normally within two months of ordering from a magazine or three months of the date of a newspaper advertisement -also your credit-card company may help if you paid by credit-card).Trading Standards, Office of Fair Trading may be complained to -they do not disclose your identity without your consent. If on evidence they have a good reason to prosecute the seller, upon conviction you may claim compensation -including for unnecessarily caused expenses, e.g., postage, travel, correspondence, telephone calls. (But a word of caution: they rarely prosecute at the absence of many complaints or the seller’s not agreeing to amend its trading practices –and (while on the face of it perhaps similar to a police officer’s ignoring a burglary on that ground) not only if a complaint is frivolous but also if it is considered vexatious may they not prosecute.) Your money claim must still be in the County Court or the Small Claims Court.Suing Consumer protection laws allow arbitration; you may also sue via the internet in the small claims court. If you are suing in the County Court a company you may do so at one local to you, but if suing one or more persons trading as a business it may have to be where it is located. In court protocol you need only send one Letter Before Court to the seller, and you must spell the seller’s name correctly -if a company is limited by guarantee its details are available from the Companies House –including the names of its company secretary and director/s with their direct contact addresses.Unsolicited Goods in the case of, you do not need do anything -normally the goods become yours if you hear no more for six months or if you inform the seller but they are not collected within a month.
Do keep the receipts for monies paid and any documents.(Sanctions against traders are not necessarily of lasting effect in the general spirit of lawful distance trading practices: e.g., the Aria Technology Limited was found in 2000 [ICSTIS report no. 81] by omission considered unintentional to have mislead the consumers, and in 2005 [Nominet DRS 02364: Atek –v- Aria] by commission intentionally to have done so. Should you wish legally justifiably in the public interest to alert fellow consumers, there are also consumer comments or consumer complaints sites on the internet where you may lawfully do so.) (Laws change –always ascertain current law.)The author has a website at: http://www.geocities.com/eoa_uk
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