Faulty phone refund or different handset

To: Ackermans Blueroute Mall FoneYam Customer Service/Complaints I am writing to lodge a formal complaint regarding a FoneYam mobile contract initiated at your Ackermans branch in Blueroute Mall on [Date you took out the contract]. The contract is for a Motorola G15 handset. The sequence of events is as follows: 1. On the 17th September 2024 time 3:30pm, I opened the contract for my son. The consultant at the Blueroute branch informed us that the handset provided was a "demo" model and, consequently, it was already unboxed. 2. Upon arriving home, it became immediately apparent that the device was faulty. A persistent error message was displayed, rendering the phone unusable. I called and asked for assistance yet the same error message came up. 3. The very next day, well within 24 hours of the transaction, we sought assistance at the Ackermans branch in Longbeach Mall. The staff there acknowledged the issue, stating that another customer had recently reported the exact same problem with the same model. 4. We then returned to the original point of sale, Ackermans Blueroute. The consultants on duty were unhelpful. I requested an immediate cancellation and refund, citing our right to return a defective product, but this request was denied. We then left the phone with the store they assured us they will handle it. 5. I then received a call from Ackermans Blueroute saying I must send a picture of the error of the phone. Following this, I contacted FoneYam directly. I was informed from FoneYam that our deposit of R840.00 would not be refunded and that we would be liable for an additional cancellation fee of R340.00. This response from both Ackermans and FoneYam is entirely unacceptable. We were knowingly sold a defective, non functional product and are now being penalised for seeking a remedy. This is a clear violation of my rights under the Consumer Protection Act (CPA) 68 of 2008. Section 56 of the CPA grants a consumer the right to return goods that are defective within six months of purchase and to choose between a full refund, a replacement, or a repair. As we reported this defect within 24 hours, we are well within our rights to demand an immediate resolution. Therefore, I demand one of the following two options be executed without delay: 1. Full Refund and Cancellation: Immediate cancellation of the FoneYam contract with no cancellation fee or penalty. This must include a full refund of the R840.00 deposit paid. 2. Immediate Replacement: The defective Motorola G15 is to be replaced with a brand new, sealed-in-box unit of the same or greater value, at no additional cost to me. I am not prepared to pay any further amount towards this contract, nor will I accept liability for a cancellation fee for a product that was defective from the moment of sale. I expect a formal response to this email outlining your intended course of action within five (5) business days. Should I not receive a satisfactory resolution within this timeframe, I will escalate this matter to the National Consumer Commission (NCC) and explore all other available legal channels.