In March 2022 I purchased a tombstone for my late mother. The total purchase price of P29,000 was for supply and installation of tombstone in Maun including transportation to Maun. I also purchased some tiles worth P960 for decorating the tombstone slab and handed them over as agreed. On the 24th April they advised that they would be delivering the tombstone in Maun on the 27th April.
I drove to Maun from Gaborone and waited for them up to the 30th April whereupon they showed up with a cracked and broken tombstone, no tiles and no refund for construction of the base slab which they had explicitly requested that I construct at my own expense even though the cost was already included in the original quotation and was fully paid for. I acceded to the request in the interests of time since I had already been waiting for 3 days and I trusted that I would be refunded.
They insisted that I accept the tombstones in its broken and shambolic state and my protests and refusal to accept the tombstone were met by angry and vitriolic attacks from the managing director and owner.
With no further communication and or commitment to replace the tombstone I wrote a letter of demand on the 10th May 2022 to which there has been no response. I also attempted to report a case of theft of the decorative tiles that I had bought and was turned back at Central Police Station.
Please advise me on how to demand my money back as I have been cheated and threatened the owner going so far as to tell me that I cannot and will not teach him how to run his business.
I know that companies in all industries should treat their customers with respect and courtesy but I think there are some industries where this is even more important. Specifically, I think consumers are entitled to a lot more compassion when they deal with companies offering any services involving illness and death.
This company seems to have forgotten that they are dealing with a family that lost their beloved mum. That doesn't mean mistakes can't happen but it does mean they should show some sympathy and not act like bullies.
I contacted the MD of the company and he gave me much of the same treatment. I tried to explain that he can't expect to deliver a broken tombstone and then do nothing to fix it. In particular I told him that Section 14 (1) (c) of the Consumer Protection Act says that a "consumer has a right to ... the use, delivery or installation of goods that are free of defects and are of a quality that consumers are reasonably entitled to expect". I also explained that Section 14 (2) says that if a supplier that fails to do this must "remedy any defect in the quality of the services (or) refund the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure".
Unfortunately, he wasn't persuaded. He doesn't think the law applies to him, saying that because you didn't buy insurance that covered the tombstone during transportation, that somehow excuses him from his obligations. Let's see what some additional pressure might achieve.
Can I get a refund?
I paid for accommodation at a hotel for 4 days but I only stayed for 3 nights. The Manager is saying they are not refunding me yet my banking details were taken by the reception when I checked out promising to refund me. When I called this morning they said they are not refunding and referred me to the manager who said they are not refunding for shortened stay.
I am stressed because it is an imprest, government money which I have to retire or else it will be taken from my salary next month.
Sorry, but I don't have any good news for you. It's normal practice for hotels to charge you for the time you booked, not necessarily the time you stay. The only exception to this is if you give them longer notice. Just checking out midway through your stay isn't enough notice. If you think about it, it's a reasonable policy. They could have offered the room to someone else and they'll lose the money they would otherwise have made from your stay.
I contacted the hotel and they confirmed that the check-in form everyone signs when they arrive says clearly that "premature departures will be charged in full".
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