a. An individual action for a violation of this act may be brought in a municipal court in whose jurisdiction the sale was made.
b. In addition to the penalties provided for in section 5, a retail mercantile establishment that fails to comply with the requirements of this act and, in practice, does not have a policy as provided in section 6 and has refused to accept the return of the merchandise shall be liable to the consumer for:
(1) A cash refund or a credit, at the buyer's option, provided the merchandise has not been used or damaged, and
(2) Damages of not more than $200.00.