Smartwatch – Invoice “Goods once sold will not be taken back or exchange” raises legal considerations for consumer protection and fair trade practices.

On 11.7.2021, the complainant purchased smart from Swiss Times Company at Rs.4,999.50 under Diwali promotion with assumed comprehensive warranty for defects.  On 13.2.2022, the watch sustained damage to the glass.  The complainant was informed about impossibility of repairing physical damages and replacement was not feasible.  The complaint was dismissed.

However, on examination of the invoice produced by the complainant, the note was seen that “Goods once sold will not be taken back exchanged”.  

According to the Consumer Forum, the Kerala State Consumer Commission earlier held that such declarations on cash memos and bills are not only objectionable but constitutes an unfair trade practice under the Consumer Protection Act.   

HELD that the declarations that the “goods once sold will not be taken back or exchange” are not only objectionable but constitutes an unfair trade practice under the Consumer Protection Act.   The reasoning provided was that such terms might mislead customers into believing they have no recourse for defective goods, thereby unfairly limiting their rights.  Furthermore, Government Order dated 3.11.2007, explicit mandates that cash memos and bills should not include any such terms and non-compliance thereof constitutes violation under the Consumer Protection Act.  It was directed to send a copy of the Order to the Controller of Legal Metrology Depaprtment, State of Kerala and Keral GST Department for appropriate action including period inspections in shops to ensure compliance.

Judgment dated 26.3.2024 Complaint No.CC/22/197 of Sanjukumar T.S. Vs. Swiss Times House with connected matter.