If you have read the information printed on packaged goods, or a product’s or service’s website, it won’t come as a surprise to you to see small print to the effect that the company is not responsible for any damage arising from the use of said product or service.

This may range from a company claiming its snack is nut-/ or gluten-free and then adding that it has, however, been processed in a facility that processes nuts and gluten-containing substances, to a skincare brand telling you to visit a dermatologist for an assessment of your skin after urging you to use an application to gauge the damage on your skin.

Then there is the disclaimer that says the company does not make any warranty, expressed or implied, for the results obtained from the use of the information on the website, even though it is believed to be accurate and complete, be it a packet of snacks or an electrical appliance. If in doubt, contact the manufacturer/distributor, it would say. And how easy is that, you wonder.

And the list of such product liability disclaimers can go on. Apart from making it difficult for a consumer to be completely assured about quality, it also makes one wonder why all these companies sound so unsure of what they are claiming and selling. Also, how enforceable are they, legally?

The fairness of it allcat.a.lyst spoke to S. Saroja, Director, Consumer Advisory and Outreach at the Chennai-based Consumer Action Group for more information on this subject. She says products that warn users of harmful consequences of wrong or negligent use may benefit from such disclaimers. “They may have some value and apply, but unfair disclaimers will not stand, by law.”

Elaborating, she says that one of the most common disclaimers, “Goods once sold cannot be returned”, will not stand scrutiny under the Consumer Protection Act. She has been involved in cases where that disclaimer has been declared invalid when the seller refused to refund money or replace faulty products. They only go by the individual case, she adds. According to Section 14 of the Act, the Consumer Dispute Redressal Forum can order the seller to replace the defective goods with new ones, reimburse the complainant and compensate them. A government order says it is illegal for bills and cash memos to state that goods cannot be returned and that it is punishable by law.

However illegal, it continues to be printed on them as very few consumers are aware or might actually complain and see the case through to the end.

At least four or five of ten consumers believe that disclaimer is valid and only one out of ten consumers might file a case – and they don’t mind refunding that one consumer, Saroja explains.

More lessons She also points to school prospectuses, which say fees will not be refunded in any circumstances. “It’s not so.” The rules favour those who have a strong case against the school. Sometimes, schools refuse to refund fees when the child has not joined classes or left after spending just a week due to, say, a parent’s transfer. The judgment might ask the school to refund the entire fees or retain just some ₹1,000 for administrative expenses.

However, if the child has spent a few months in the school before leaving, the school might have a case. Few students will join a school mid-year and the school cannot make up for the loss it might incur by refunding fees for a student who is leaving then, she explains.

In light of all the above, it is only just that this column end with a disclaimer – use it to empower yourself with information, but seek out the right channels to get justice.

Vitamin C is a weekly dose of consumer empowerment

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