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CONSUMER PROTECTION ACT

A Consumer's Guide on How to Complain about Poor Quality Goods and Services

Most people now know that since 1 April 2011 the Consumer Protection Act is almost fully in effect and can be used by consumers to have complaints about poor quality goods and services and misleading or deceptive practices by businesses resolved, however, what most people don't know is how and where to complain.

What follows below is not legal advice but rather practical advice on what to do so that you have the greatest chance of having your complaint resolved in the shortest time by using the Consumer Protection Act.


1. Where do I complain?

Although the Consumer Protection Act has created various bodies for dealing with consumer complaints, such as Alternative Dispute Resolution Agents, Accredited Ombuds, the National Consumer Commission, the Consumer Court, and finally the National Consumer Tribunal, ALL complaints MUST start with the supplier or at least someone in the supply chain such as the retailer, the distributor, the manufacturer, or the importer and it is NOT possible to bypass this essential step and to immediately approach the National Consumer Commission or any other body created under the Consumer Protection Act.

DO NOT WASTE YOUR TIME BY COMPLAINING TO THE NATIONAL CONSUMER COMMISSION UNTIL YOU HAVE TRIED TO RESOLVE THE COMPLAINT AS DESCRIBED BELOW.

Complaining to the Supplier or the Manufacturer/Importer


2. What information should you have available before complaining?

Many complaints fail to get to resolution because consumers complaints are vague, lack essential facts, or are based on emotion. The Department of Trade and Industry, under whom the Consumer Protection Act resides, has offered the following advice to consumers:

• Be clear about the fault/s in the goods you have bought. • It is important to contact the seller as soon as possible with some form of proof of purchase, explaining the problem and telling the seller what should be done about it and by when (set a fixed deadline).

What consumers need to bear in mind that there is NO obligation on any supplier to take back or refund any goods merely because you have changed your mind or because you gave made the wrong decision. However, where the supplier has misrepresented any facts which have lead to your incorrect decision, such as what the product looks like, what it can be used for, or the like, then you may be able to claim a refund or a replacement of the goods.



3. Is there a method you can use to complain effectively?

Yes, an effective complaint is one supported by all the necessary documents and facts and careful record is kept of all discussions, emails and other communications with the supplier or any other part in the supply chain or to whom the supplier has referred the consumer. Again, the DTI provides very useful advice:

  • Complaining in person can be more effective and ask to speak to the person in charge to discuss any concerns. Always keep in mind that there is no point in losing your temper or getting angry, especially if the person is not in a position to authorise a refund. Rather be assertive, without being aggressive and be clear about what is wanted, while remaining polite.
  • When complaining telephonically, create a complaint diary and use it to list what happened, when it happened and with whom you spoke, as this will help as a reminder when discussing the complaint. Always follow up your call with a letter.
  • Written complaints should be directed to the manager or customer services, confirming your visit and any promise or response made.
  • Keep records of communication with the seller, including copies of all receipts, letters, e-mails and notes from telephone conversations (including the dates, times and what was discussed).Never send original documents – send photocopies.


4. How Long Should I keep Trying to Resolve the Complaint With the Supplier?

There is no requirement that you try for an impossibly long time to resolve a problem with a supplier such as a retailer or a manufacturer, however, it is not always possible for the person you are complaining to understand the complaint and to be able to investigate the merits thereof. Thus, every supplier is entitled to some time to consider the complaint and then to respond to the complaint, however, this period should not generally exceed 10 to 15 business days except in the most technically complex of cases. The National Consumer Commission will likely require you to wait out the 15 business day period before they will take on a complaint for resolution.

What is important, as explained in 2 above, is that an accurate diary and copies of letters etc are kept to enable you to show how long you have waited for the complaint to be addressed.



5. When is a Supplier entitled to Refuse to Refund, Repair, or Replace Goods?

Where the goods are simply indicated incorrectly or are not what you expected them to be then you only have 10 business days from the date of delivery (or collection) to return them to the supplier. If you only open them after this period then this right will be lost.

Where goods are defective (have a material defect), fail, or are unsafe then the consumer has 6 months from the date of delivery or collection to return the goods for a refund of the price paid, repair, or replacement thereof AT THE CONSUMER'S OPTION. If the consumer has agreed to a repair then this repair is guaranteed for a further 3 months and if there is another failure or material defect even of a different part then the consumer is entitled to a replacement or a refund of the entire product, again at the consumer's option.

Where goods which are out of warranty are repaired i.e. a paid repair, then the parts which have been replaced and the labour to replace them is guaranteed for 3 months, but in this case wear and tear is exempted and the supplier may charge for any wear and tear to the part.

Off-course many complaints are simple, such as when the colour or model is incorrectly indicated on packaging or where goods are obviously defective due to manufacture but it is important to bear in mind that where you have altered or damaged the goods in any way the supplier may be fully entitled not to consider your complaint and to refuse the repair, refund, or replacement provided under the Consumer Protection Act for defective or unsafe goods.

In particular in the motor industry if you have modified your vehicle in any way or missed any mandatory service or maintenance item you may find that the dealer is entitled to refuse to accede to your complaint.

Complaining to the National Consumer Commission or an Accredited Ombud



6. What do I do if I am unable to resolve the complaint with the Supplier?

If having read the above and carried out the proper steps you are still unable to resolve the complaint, for example where the supplier is obstinate or belligerent, then you can file a complaint at an ACCREDITED OMBUD (currently there aren't any for most industries) or the NATIONAL CONSUMER COMMISSION (the NCC), either by phone, or in person, or by e-mail, however, the writer recommends that this be done by e-mail so that the consumer has a full record of all correspondence, firstly with the supplier, and later with the NCC.

A complaint to the NCC can be lodged by sending an e-mail, to which is attached one or more documents, photographs, etc setting out the full history of the matter, what is wrong, and what you want to see done. This can be sent to NCC@THEDTI.GOV.ZA

NOTICE:
Where you have suffered harm or damage to property and wish to lodge a claim for damages then the procedure above may not achieve the desired result, especially if the supplier refuses to accede to your demands and you should seek professional legal advice to help you to evaluate your case and the amount of damages you wish to claim prior to your lodging of the complaint with the National Consumer Commission.

Finally, this is only a simple guide whereas the Consumer Protection Act runs to over 120 Sections, never mind the Regulations and Guidelines and there will often be cases where you need more information or advice and in such cases you may contact the National Consumer Commission or a Consumer Body such as the National Consumer Forum or the South African National Consumer Union for advice as these bodies will either be able to advise you or refer you to a body which can advise you.

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COPYRIGHT NOTICE: This document has been prepared for the use of private individuals in need of basic advice and is not to be copied, in whole or in part, or used for any commercial purpose by any person or body without the prior written consent of the author hereof who can be reached on janusz@hahnlaw.co.zaor located using Google.