The Voice - Consumer's Voice

They sold me a faulty phone!

I bought a phone on Friday and I charged it until it was fully charged, when I got home I downloaded playstore then created a gmail account and immediately the battery went from 100% to empty and it never went on again. I went back to the store on Saturday and explained to the manager everything that happened to the phone. At first the manager didn't want to assist but after a long talk he agreed to take the phone back to delete the playstore & gmail account, he promised to refund me my money if he finds the phone in the state I bought it, I agreed because I was 100% sure I didn't damage the phone in anyway, again he promised to call me as soon as he was done checking the phone but he never did. On Sunday I called him to make a follow up and he said they were still busy trying to delete the gmail account and he said he'll get back to, again he didn't. Monday I called him to check the progress and I was told the phone is ok but I only managed to go to the store on Wednesday. When I got there he told me to choose another phone and top up but I refused since it was not our initial agreement so I left. Today I went back, he told me to either choose another phone and top up or he charges me a 25% handling fee of which I did not agree with because it wasn't my fault that they sold me a faulty phone.

I then called the store owner and he asked to hear the other side from the manager, later on he called me back telling me the issue has been resolved and I should go back to the store to claim back my full amount that I bought the phone at. I arrived at the store and the manager refused to give me the money back in full, I called the store owner and he said he has already settled the and doesn't want to hear anything about it then he hung up on me. The manager called him and after the call he told me he is deducting 10% handling fee, still I refused because I didn't get why I have to be charged that handling fee though it was their product that was faulty, the phone failed me as soon as I tried to use it.

I think this is quite a simple situation. Section 13 (1) (a) of the Consumer Protection Regulations requires suppliers to offer goods that are “of merchantable quality”, meaning that they should be “fit for the purposes for which commodities of that kind are usually purchased”. You bought a cellphone and it should behave as a cellphone. It’s not very complicated. In this situation you’re entitled to one of the three Rs: a refund, a repair or a replacement but it’s up to the store to decide which.

In your case the store promised you a refund and that’s what you deserve. No delays, no “handling fee”, no nonsense, just your money back. I suggest that you explain this to them and we’ll do the same. Let’s see if they can be reasonable. And obey the law.

Must I pay the extra?

I saw an advertisement in a newspaper for Project Management Short Course. I went to their offices and saw a lady who advised that I go make the payment for the course and then come and see her with the receipt. After making the payment of P3310 as stated on the newspaper I went back to her with the receipt which when she realised I paid P3310 she asked when I will be paying the remaining money. Shocked at her question I told her I have paid the money in total as seen on the advertisement. She requested to see the advert and I showed it to her. She insisted that I pay the remaining money or I get a refund. I told her I am paying for what was advertised and she advised that they made an error on the advert. She then took me to her co-worker who upon hearing my query gave me an attitude, stating that I should make the payment of the P490 balance or I won't attend the course. I stated that I cannot make the payment as to me it is not what I saw on the advertisement. I left their office telling them I am not paying anything extra that I didn't know about.

Section 13 (1) (e) of the Consumer Protection Regulations states very clearly that a supplier fails “to meet minimum standards of performance“ if they sell a product not “as advertised or represented”. It’s not that complicated. The price shown in an advertisement or on a shelf is the price you pay.

The problem is that it might be difficult to persuade the company to sacrifice the P490 they neglected to include in the advertised price. But it’s worth a try. I suggest you make it clear to them that you know and understand your rights and expect them to respect them. I’m happy to get in touch with them and maybe the Consumer Protection Unit can add their support as well?