The Voice - Consumer's Voice

Must I pay 30%?

I bought an Itel A50 cell phone for P1,300 at a cellphone store at Rail Park Mall. The phone is overheating and also refuses to upgrade the software. So I went back there today and they told that if I return the phone they are going take 30 percent. So I want to ask if it is true that they have to take 30 percent?

I think you know the answer to this question, don't you? Of course they can't charge you 30%. It's very simple. Section 15 of the Consumer Protection Act says that a consumer "has the right to receive goods which are of good quality, in good working order and free of defects". Section 16 goes on to say that a consumer may return goods to the supplier within six months if the goods are faulty.

Clearly, a cell phone that overheats and doesn't allow you to update the software is not good quality, is not in good working order and is not free of defects. The store has three choices. They can repair the phone, they can replace it or they can refund you but it's up to them which they choose, but they've got to do one of them. And let me make it clear again they can't charge you for this. Not 30%. Not even one percent.

I contacted the store management and I think they understand their obligations. Hopefully they'll be in touch with you very shortly and they'll resolve this issue.

Won't they fix the bed?

Good day Richard. Kindly assist me here. I bought a bed from a furniture store at Rail Park Mall in November 2022 and the bed made a squeaky sound which made very unbearable to sleep on. I lodged the complaint to them the same month I bought the bed. To date I have not been assisted. I am always told some lame excuse as to why I haven't been assisted.

Kindly help me. I would really appreciate it. I hardly sleep at night because of this issue. Imagine after having a long hectic day at work all you look forward to is to refreshing and getting a good night sleep but for me that's not the case since this bed is very uncomfortable to sleep on because of the squeaky sound it makes. I would really appreciate it if you were to assist me on this matter.

My answer is very similar to the situation with the cellphone but with a slight difference. You had a right to a bed that did what a bed should do, and that includes not making irritating noises. You were right to tell the store about this and to expect some sort of solution. You are also entitled to communication from the store to let you know what's happening and if there are any delays. So far that's all quite simple.

I contacted the management at the store and they assured me that they look into the case and come up with a solution. However, they reported that there was something you forgot to tell me. You'd been doing your ironing on the mattress and burnt it. Technically that voids the warranty that the store offered you and that means they're under no obligation to fix it. However, they're being quite reasonable so I hope they'll still come up with a solution that can help you.

The lesson here is always to be extremely careful with the products you buy. If they're faulty, obviously the store has to fix them but if you damage them, then it's up to you.