REMEDIES AVAILABLE TO CONSUMERS AND EXCEPTIONS UNDER

WHICH THEY CANNOT BE AVAILED

Right to enforce terms in description of digital content

1. If the goods made available through such an off-premises contract does not
abide by the specifications mentioned in the contract, the rights which can be
availed of by a consumer are—
(a) Right to repair or replacement
(b) Right to a price reduction
2. If the trader is in breach of a term included in the contract, the consumer has
the right to recover from the trader the amount of any costs incurred by the
consumer as a result of the breach, up to the amount of the price paid for the
goods in whole or for any part used by the consumer. If the trader is in breach
of any condition which necessitates inclusion in the contract, the consumer has
the right to a refund when available.
3. This Chapter does not preclude the consumer from seeking other remedies
apart from and for reasons other than those mentioned in this section but not
so as to recover twice for the same loss.
4. Those other remedies include any of the following that is open to the
consumer in such circumstances—
(a) Relying on the breach against a claim by the trader for the price.
(b) Claiming damages;
(c) Seeking specific performance;
(d) Seeking to recover money paid where the consideration for payment of the
money has failed;
(d) Seeking an order for specific implementation of the contract;

Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement.
(2) In this Chapter, “repair” in relation to goods that does not conform to
stipulations in a contract, means making it conform and “replace” indicates
sending an alternate product to the consumer that matches the description of
the product he/she intended to purchase through an electronic medium.
 (3) If the consumer requires the trader to repair or replace the goods purchased,
the trader must
(a) do so within a reasonable time and without significant inconvenience to
the consumer; and
(b) bear any necessary costs incurred in doing so (including in particular the
cost of any labour, materials or postage).
(4) The consumer cannot require the trader to repair or replace the goods if such
remedy is:
(a) impossible, or
(b) disproportionate compared to the other of those remedies.
(5) Either of those remedies is disproportionate compared to the other if it
imposes costs on the trader which, compared to those imposed by the other,
are unreasonable, taking into account—
(a) the value which the goods would have if it conformed to the contract,
(b) the importance of the lack of conformity, and
(c) whether the other remedy could be granted without significantly
inconveniencing the consumer.
(6) Any question as to what is a reasonable time or significant inconvenience is to
be determined taking account of—
(a) the nature of the good supplied, and
(b) the purpose for which the goods was obtained or accessed.
For instance, in case of perishable goods, it is unreasonable to impose liability
for spoilage of goods purchased through an electronic medium on the retailer
when the purchaser is well aware of the nature of the good and should have
exercised discretion with respect to how such goods are to be
preserved/utilized.
(7) A consumer who applies for the repair of goods delivered cannot require the
trader to replace it without giving the trader a reasonable time to repair it,
unless giving the trader that amount of time would cause significant
inconvenience to the consumer.

Right to price reduction

 (1) The right to a price reduction is the right to require the trader to reduce the
price to the consumer by an appropriate amount which including the right to
claim a refund for anything already paid above the reduced amount).
(2) The amount of the reduction may, where considered appropriate, be the full
amount of the good purchased.
(3) A consumer who has that right may only exercise it in one of these situations
(a) Where neither repair nor replacement of the good is possible, or
(b) Where the consumer has requested for repair or replacement of the
goods, but the trader is in breach of the requirement of section __ to do
so within a reasonable time and without significant inconvenience to
the consumer.
(4) A refund of the amount after price reduction under this section must be given
without any undue delay, and in any event within 14 days from the date on
which the trader acknowledges that the consumer is entitled to a refund.
(5) The trader must process the refund using the same means of payment as the
consumer used to pay for the goods, unless the consumer expressly agrees
otherwise.
(6) The trader must not impose any fee or encumbrance on the consumer in
respect of the refund.

Right to a refund

(1) The right to a refund gives the consumer the right to receive from the trader
reimbursement for the entire amount paid by the consumer towards the good
purchased, subject to the condition laid out in sub-section (2) of this Section.
(2) If the breach which entitles the consumer to a refund affects only part of the
goods purchased/supplied under the contract entered into by way of an
electronic medium, the right to a refund does not extend to any part of the
price attributable to the good that is not affected by the breach.
For example, if a car is purchased and it is delivered with a punctured tyre, the
damage is associated with a single part which can be replaced/amount paid for
it can be refunded so the buyer can purchase an alternate one instead of
refunding the entire amount paid for the car.
 (3) A refund request must be sanctioned without undue delay, and within 14 days
from the date on which the trader acknowledges that the consumer is entitled
to a refund.
(4) The trader must give the refund using the same means of payment as the
consumer used to pay for the goods, unless the consumer expressly agrees
otherwise.
(5) No hidden charges to be imposed on the consumer in respect of the refund.
(6) If in the case of a sales contract, the value of the goods is diminished by any
amount as a result of handling of the goods by the consumer in a manner
beyond what is necessary to establish the nature, characteristics and
functioning of the goods, the trader may recover that amount from the
consumer, up to the contract price.

Defence of Due Diligence

(1) In any proceedings by the consumer against the trader for enforcement of
consumer rights, it is a defence for them to prove
(a) The act of default of another;
(b) Reliance on information given by another,
(2) And that such person took all possible precautions and exercised due diligence
to avoid the commission of such an offence by the trader or any other person
under their control.