The Consumer Protection Act is on your side

“The customer is always right” is a common saying but it’s not often put into action. This was recently demonstrated when Ous Connie bought a heater at a local general dealer. Just one week after purchasing it, she plugged the heater in and realised something was wrong when sparks flew from the socket. The heater didn’t work again.

When she took the heater back to the shop, the manager told her that the plastic on the socket had melted. He claimed that the heater had been thoroughly tested before it was sold and this fault was not his problem. He then pointed to a sign that displayed a ‘no refund or exchange’ policy and said she would have to fix it herself or buy another one.

Ous Connie returned home not knowing how to approach the situation. On one hand she believed the store manager and his sign, but on the other hand she knew it wasn’t her fault that it broke. It was unfair that she would have to pay for the repairs and she was determined to get her money back.

With a renewed sense of purpose, she contacted Scorpion Legal Protection and was surprised to find that the solution to her problem wasn’t as complicated as she thought it would be. Scorpion Legal Protection informed her of her rights under the Consumer Protection Act (CPA) in just one phone call. The CPA safeguards against cases where good purchased are unsafe or defective, and this right remains regardless of whether or not the store has a ‘no refunds or exchanges’ policy.

Ous Connie had the right to return her defective heater and decide whether to demand a refund, have the heater replaced, or to have it repaired. Under the Consumer Protection Act, all goods sold to a consumer are sold with an implied warranty of quality. This means that Ous Connie rightfully expected the heater to work for the purpose it was bought for.

The only way that Ous Connie would not have been able to demand a refund, replacement, or repair would have been if:

• she had it longer than six months,
• the store warned her of specific defects,
• she bought it after being warned of defects,
• she used in a way not directed in the instructions, or
• she had tampered with it in any way.

After learning of her rights, Ous Connie headed back to the store with the heater and till slip in hand. The CPA doesn’t state you need a till slip to return goods, but it’s always advisable to keep your slip to make the process easier. More than that, electrical appliances like irons or kettles, often have a guarantee that says the supplier will repair or replace if it breaks within a certain time frame.

When Ous Connie arrived back at the store, the store manager was happy to refund her because Scorpion Legal Protection had called ahead and told the store manager about Ous Connie’s rights. The store manager learned something new and the customer was right.

To join Scorpion Legal Protection, SMS “KASI” to 34453 and they’ll call you back.

(Ts and Cs apply. SMSs charged at R1,50)

For more information and advice on CPA and other legal issues that may affect you, contact Scorpion Legal Protection, or visit their Facebook page.

Disclaimer: The characters and events are fictional and for illustrative purposes only. The laws that apply are in line with the Consumer Protection Act.