Too often it happens that consumers feel that a great injustice have been done to them after they’ve entered into agreement or contract with service providers.
Specifically complaints about cellular service providers lately have been streaming in to the Record office and have been experienced by a Record journalist. Similarly, complaints about lack of service from government departments, automotive dealers and general breaches of contract have made their way to the Record.
What became evident was the need for consumers to understand and exercise their rights within the Consumer Protection Act [68 of 2008] (CPA).
The Record has been investigating specifically what the CPA has to offer in fundamental consumer rights when it comes to repair and maintenance services.
In the past few weeks complaints about a cellular service provider, a local repair service and an automotive dealership have legitimised the investigation.
Chapter 2 of the CPA deals with pre-authorisation of repairs and maintenance, the consumer’s rights to fair value, good quality and safety and the right to demand quality service.
According to Chapter 2 Part H, when a supplier agrees to perform services on behalf of a consumer, the consumer is entitled to (1) timely performance and completion of services or timely notice of delay [if any], (2) performance of such services in a manner or quality that is fair to expect, (3) the use or delivery or installation of goods that are free of defects and of good quality in order to complete service and (4) the delivery of their product or control of a product in at least the same good condition as when it was sent in or handed over.
“If a supplier fails to perform a service to the standards contemplated in subsection (1), the consumer may require the supplier to either remedy any defect in the quality of the services performed or goods supplied or require the supplier to refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.”
But where to go when one feels that these rights were not respected?
One such place is the Independent Communications Authority of South Africa (Icasa) that specifically deals in consumer protection with regard to broadcasting, telecommunications and postal sectors.
The Record questioned Icasa spokesperson Paseka Maleka about the process that is followed when they receive a consumer complaint.
“We take up complaints by consumers who have exhausted their options to resolve a query or complaint with their service providers, and we work with the complaints as alleged violations of the Consumer Protection Act (CPA).
“These complaints are of various origins, but mostly they stem from billing issues and contract infringement.
“I would encourage a consumer who has such issues, firstly to try and resolve their complaint with the relevant service provider – talk to the store clerks, their managers and go as high up the management chain as you possibly can.
“If you feel that you have exhausted your options and you want to approach us, make very sure that you have records of how you have escalated the problem.
“Have evidence of any communication between you and the service provider, all the reference numbers, the branches you worked with and even the names and titles of the people you have worked with to resolve the matter.”
Residents that are experiencing problems with their cellular service providers can contact Icasa on 011 566 3000 or 011 566 3001 or forward an email detailing their complaint at consumer@icasa.co.za.
Other such consumer protection bodies:
• The Motor Industry Ombudsman of South Africa (Miosa)
• Department of Trade and Industry’s National Consumer Commission (NCC)
• Department of Trade and Industry’s National Consumer Tribunal (NCT)
• The South African Bureau of Standards (Sabs)
Visit the Icasa website here.
For more information about your rights as a telecommunications consumer, click here.
