Iam yet to come across a retailer’s cash receipt that does not contain a condition or two pertaining to the transaction. Conditions, which the retailer believes, would help him or even protect him in case of a consumer dispute. Well, once upon a time it might have helped, but not any more. Firstly, because consumers have begun to challenge such unfair and unilateral conditions thrust on them and secondly because none other than the apex consumer court has held that such conditions are not binding on the consumer. Two decisions of the National Consumer Disputes Redressal Commission have in fact made it amply clear that such conditions carry no weight or have no meaning.

In the case of The Blue Dart Express Limited vs Stephen Livera (RP No 393 of 1997), the National Commission held that conditions in small print limiting the liability of a service provider were not valid if the customer’s attention was not drawn towards it and her or his signature obtained, to show that the terms had been accepted by her or him. The case pertained to the failure of a courier to deliver an application form for admission to a medical college sent by a student. Concurring with the decision of the lower consumer courts to award compensation to the student, the apex consumer court pointed out that firstly, the conditions printed on the courier’s receipt limiting the liability of the courier in case of non-delivery was in extremely small and fine print. Secondly, there was no signature to show that the customer’s attention had been drawn to the conditions and that the customer had accepted them.

The Commission more or less reiterated this point yet again, in its decision in the case of Tip Top Drycleaners vs Sunil Kumar, (Revision Petition No. 1328 of 2003). Here too, the central issue was the terms and conditions printed by the drycleaner and whether they could be used by him to escape liability for the goods accepted for dry cleaning.

The apex consumer court made it clear that the drycleaner cannot bind the consumer to the terms and conditions printed on the back of the receipt. The customer had not seen the conditions nor had he signed his acceptance of those, the Commission said.

So, instead of banking on the ‘terms and conditions’ printed on receipts for protection, retailers would do well to treat consumers with respect and ensure that they get a fair deal. And in case of a grievance, offer a fair and just in-house settlement.