Saturday 21 September 2024

The Voice - Consumer's Voice

Must I find the packaging?

I bought a phone in Game City around February but the cellphone just locked so I took it back to the seller. It's there even on their records it shows I bought the phone from them but the problem is my helper misplaced the box and they are saying they cannot help me anyhow. I am stressed kindly advice or help me in the best way possible.

I guess many of us have heard this before. A supplier says that they can't help if we don't have the packaging that the device we bought came in. Without it they say they can't help us.

Is this reasonable?


No, of course it's not reasonable. It's ridiculous nonsense. Clearly this store needs to get a copy of the Consumer Protection Act and read Sections 23, 24 and 26 of the Act. They all talk about what can and can't be in a contract. For instance, it says that a supplier may not impose conditions that are "unfair, unreasonable or unjust" or that allows them to "waive any liability". Refusing to repair or replace a faulty item simply because a consumer no longs has the packaging is clearly unfair, unreasonable and unjust. Anyone knows that. Even if it wasn't, did they explain this to the consumer when they bought the phone? Did the consumer agree to this in writing as required by Section 24 of the Act?

I contacted the store and they sent me a series of excuses about why they couldn't help and they all related to their supplier who insisted on having the phone back in its box. I tried to explain that this is their problem, not the consumer's problem and that OUR laws are more important than their arguments with their suppliers. But maybe they just don't care? The issue was raised in the Consumer Watchdog Facebook group but it's clear that some suppliers really don't care about what matters most.

Where's my refund?

Last year in September I paid a deposit of P850 for a chest of drawers to someone who then failed to deliver on the order. He promised to refund and has since failed to date. He keeps giving empty promises every month. Please help me recover my money.


What is it with some suppliers? I know that none of us are perfect and that we all make mistakes but why are some people so unreliable and untrustworthy?

I'll begin by being charitable. We all understand that sometimes suppliers have problems. Maybe they were let down by their suppliers, maybe something beyond their control happened, maybe there was a pandemic, a delay at the border, who knows. Bad things happen and that often results in delays.

Presumably because we all understand this, it's even written into the Consumer Protection Act. Section 14 says that consumers are entitled to expect and receive "timely performance and completion" of services they pay for but that they are also entitled to get "timely notice of any unavoidable delay". In simple terms a supplier should be on time but if there are delays they need to tell us about them.

Is that very hard to understand?

Clearly it is for this particular supplier. However, I contacted him and asked what he was planning to do. To his credit he responded very quickly and said "i will pay this Month end". He explained that "I'm waiting for someone to pay me and finish the Job that's y i said month end".

Maybe these are just more empty promises but we'll see. Let's check in on him again at the end of the month and see if he keeps to his word.

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