FAILURE OR NON-ISSUANCE OF CASH MEMO BY A SHOPKEEPER IS AN UNFAIR TRADE PRACTICE UNDER CPA 2019
Staff Reporter
Jairampur, Oct 28:
In Changlang district, it has become a common practice of the local traders and shopkeepers not to give cash memo or receipt to the consumers.
The traders or shopkeepers continue to do the business without receipt books because the consumers of Changlang district are totally ignorant of their rights.
By not issuing the cash memo or receipt the traders or shopkeepers not only manage to evade taxes but also prevent consumers from complaining against them before the consumers court.
Unfortunately, the local consumers are also totally ignorant of the consumers act that was amended in 2019 to protect them from unfair trade practices.
According to the Consumer Protection Act 2019, the failure or non-issuamce of a bill or a cash memo is an unfair trade practice. In layman terms, under the Consumer Protection Act 2019, a consumer has a right to be protected against unfair trade practices so he or she can complain against those who do not issue the bill or cash memo, for unfair trade practices.
While Consumer Protection Act 1986 has listed six types of unfair trade practices, three types of additional unfair trade practices was added to the 2019 Act which includes:
- Failure or non-issuance of a bill or a cash memo
- Refusal to take back or withdraw defective goods or withdrawal or discontinuance of deficient services or refusal to refund the consideration amount paid within the period as stipulated in the bill or cash memo or receipt or in the absence of such stipulation, refusal to withdraw or refund goods or services within thirty days
- Disclosure of consumers personal information to any other person unless such disclosure is made in accordance with the provisions of any law for the time being in force or in the public interest.
Meanwhile, members of consumers forum at the district level states regretfully that they turn away complainants as they fail to produce one of the most vital documents required to prove that the complainants is indeed a consumer - the bill or cash memo or receipt showing that the product or service that they are complaining about was actually paid for by them.
The Consumer Protection Act defines a consumer as a person who 'buys' any good or 'hires' any service for a 'consideration'. In the absence of any payment or consideration, the consumer does not acquire the right to complain under the law.
The local consumers should remember that though it is the responsibility of the trader or shopkeeper to issue a bill or cash memo or receipt but since it provides the proof of purchase, the consumer should demand it as a matter of right, get it and keep it safe.