Good afternoon. I bought a demo vehicle from a dealer in Gaborone in February 2020 and have never had peace with the vehicle. My major problem with the vehicle is the excessive wear and tear of the tyres, especially the front ones. I had immediately reported the matter to the dealer and only now they want to replace the tyres, with the same brand, which I am not comfortable with.
Furthermore, I had wanted to test drive a similar car to compare the ride comfort, something that has not happened up to now.
I have now reached a stage that I don't want the car anymore as it is not satisfactory. Please advise if it is possible to claim back my deposit of P100k that I paid when purchasing the vehicle.
I don't think you have a right to demand a refund. At least not now. Yes, I understand that the car has given you problems but the dealer is within their rights to do their best to repair the problem you presented. Once.
The Consumer Protection Act says that when a product such as a car like yours has a problem during the warranty period the dealer has a right to decide what they want to do, choosing from three options. They can offer you a repair, a replacement or a refund, the three Rs. Clearly any sensible supplier will choose the simplest and cheapest option for them which is to try and repair the problem. They have the right to do that and I think that's what you should allow them to do. Give them that chance.
Then things change. If a supplier repairs something and the same problem reoccurs within the next three months, the dealer then only has two options. We're down to just 2 Rs, a replacement or a refund.
I suggest you let them try to fix the problem with the tyres and then keep an extremely close eye on the tyres for the next three months. If there's even a hint of the same problems go back to the dealer for a much better solution.
Can I get a refund too?
I want to know like when you ordered something online and you went to the agents but they tell you that your goods are soon to arrive and now the month is about to end and still nothing pops up can you like ask for refund? It was supposed to take 3 months to arrive but after 3 months when I asked them they said there were some delays. Mind you this 3 months ended in September so even today when I ask they still say maybe end of month.
Yes, you certainly can ask for a refund. Eventually.
Section 14 of the Consumer Protection Act says that when a supplier "undertakes to perform any services for or on behalf of a consumer, the consumer has a right to … timely performance and completion of those services". The Act doesn't say what "timely" means exactly and actually I don't think the law should say what it means. Things vary. Fixing a gearbox takes longer than selling airtime. Getting a home loan takes longer than getting cash from an ATM. However, I think we all know when something is NOT timely.
We all know that things have been difficult for everyone this year and in particular for deliveries from overseas. We all understand this but the Consumer Protection Act goes further than just saying things should be delivered in a timely manner. It also says that a supplier must give you "timely notice of any unavoidable delay". It also says that when "a supplier fails to perform a service to the standards" the consumer has a right to a very simple thing. A refund.
Let's both approach this company and make it clear that they've had enough time, they haven't cared for you in the way they should and they owe you your money. It's not too difficult to understand.
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