Goods once sold will not be taken back”. I do not know who first introduced this unilateral condition on the purchase of goods, but it has prevailed over the years and consumers have just not been able to shake it off.

In fact, in the absence of a law prohibiting such unfair terms in consumer contracts, one can see such unilateral conditions, just about everywhere. Send a parcel through a courier and the agency representative will ask you to sign on the dotted line while collecting the parcel. If your parcel does not reach its destination and you demand that the courier make good the loss, he will point to the clause in the contract that you signed, saying that the courier’s liability is limited to only Rs 250, whatever be the value of the goods that you sent.

Similarly, the receipt that you get at parking lots tells you that the parking contractor does not take any responsibility for any damage or loss caused to your vehicle while at the parking bay. Likewise, the drycleaner who collects your clothes for drycleaning informs you on his receipt that in case the goods are lost or damaged, you will only be entitled to 40 per cent of the cost of the goods.

Obviously, these terms are patently unfair, unjust and in most cases, between two unequal parties to the contract. And if you actually challenge them in a court of law, the term may be struck down or the court may opine that such an unfair term is not binding on you. But the question is, why should consumers be subjected to such unfair terms in the first place?

Some years ago, the Union ministry of consumer affairs attempted to strike down the “goods once sold cannot be taken back” condition. The ministry wrote to all the state governments, asking them if they can talk to the traders on the issue. From the lukewarm response received from the state governments, it is obvious that there is need for a law to back up such action.

Since, in all these cases, the consumer is the weaker of the two parties and does not have a strong bargaining power, the trader or the service provider gets away with such clauses. It is, therefore, essential that the government specifically prohibit unfair terms in consumer contracts, through a legislation aimed at protecting the interests of consumers. In fact, such a law is long overdue.