• Source:JND
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The Gujarat government has released a circular stating that “goods once sold will not be taken back or exchanged” is an illegal condition and it violates the guidelines of the Consumer Protection Act. The circular further emphasised that the customer has the right to return any item in the same form in which it was purchased from a shop or mall, and the shopkeeper cannot refuse to take it back. 

The circular also mentioned that a complaint can be filed with the consumer court if a trader refuses to accept the returned goods. It stated that any individual or an organisation cannot make a rule by themselves, and there are penalties and punishments for the trader if found guilty. There are a total 70 cases currently pending in Gujarat's courts and forums regarding the refusal to take back sold goods.

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Earlier, a trader in Ahmedabad refused to take back a watch worth Rs 16,000 from a woman that she bought for her husband, citing a note on the bill that read, "A watch once sold can only be used." As a result, the woman filed a complaint with consumer protection authorities.

What are the guidelines of the Consumer Protection Act, 2019?

1. The customer is entitled to a replacement if the goods are found to be defective. 
2. The shopkeeper will refund the cost of the items if the customer chooses to return the goods. 
3. The customers are eligible to claim compensation if the customer experiences any loss due to the faulty goods. 

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In a similar case on March 27 this year, Kerala's Ernakulam District Consumer Disputes Redressal Commission said that “goods once sold will not be taken back or exchanged” is not an appropriate condition. The consumers can file a complaint in the District Consumer Forum, State Consumer Commission, or National Consumer Commission if a trader denies taking back sold goods. A complaint can be filed online on the website of the Ministry of Consumer Affairs.

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