Cell C Management and CPA

To whom it may concern,

On the 3rd of June 2019, I had telephonically signed a contract with Cell C for fibre to the home. The deal was for a 10mp/s line.

By the 17th of June 2019 the router was installed and all was well. However the very next day I started experiencing issues with the speeds and internet, to which I contacted cell C, they always called me back from personal cell numbers even later on, I ended up asking to be emailed so all is in writing.

A mere 5 days after the installation, getting 1-2mps constantly after a few calls, I decided to cancell the service as Cell C was not upholding their end of the service agreement, and seemed that nothing would be done about it, but I did not just cancell, I gave them opportunity to correct and specifically said that if I cancell, it will be based on their negligence in fulfilling the service agreement and that if I cancell there should be no penalty fees.

Based on the below:

in terms of purchasing a product that has not been seen according to the CPA, as well as S55 in terms of a product not fulfilling its purpose

CPA: Goods and or services that do not meet a particular purpose In terms of s55(3) (read with s20) of the CPA, if a consumer informs a supplier that the goods (or services in this case) that are being bought to fulfill a particular purpose, and the supplier advises that the goods will meet this particular purpose then:

10 days after receiving the goods, the consumer can return the goods if it is not suitable for the particular purpose, and the consumer can cancel without penalty.

This is exactly what happened within 5 days after receiving the cell c fibre as well as lodgings complaints, the service agreement was not upheld. Cell C failed to supply a goods or services that fulfilled the supplier promised outcome. So I cancelled and specifically in my cancellation reinforced that I don't want to be charged the penalty, as this was not my error rather theirs.

My account Number: *** with cell C.

They never contacted me to inform me that they could not cancell without penalty, instead they just said that my cancellation is successful and true as Bob they deduct R5200 from my account for 5 days of use which I could not even use as I need a minimum of 10mps as promises.

I advised the cancellation on 20June2019, stating that I will not be held liable for the penalty as this was Cell C's error and only on the 3rd of September after multiple phone calls and complaints, their team stated that they cannot reverse the penalty claw back in a ticket, even though I sent multiple emails and asked them to re-forward invoices based on this fact, to which they did which then amounted to negative amounts, to such an extent, that I even emailed them back saying that they did not answer my questions in regards to this. Easy to ignore the client or consumers questions, untill a reaches a point.

The point is they agree that I can cancell without penalty, and that I was within my right 10days after receiving my fibre installation, however now they claim that my contract is with SADV and not Cell C and that I am liable for the instillation.

The crazy part is that my contract is for Cell C Fibre to the home, who they use to install is none of my concern, they are my provider and they failed to provide, as well as the fact that the installation was done by previous owners of the property, they only had to activate and now it's R5200.00

This is October and still not sorted since June. If I buy a car at Audi which uses VW engine parts and blocks and my Audi breaks, and Audi suddenly under Warranty under CPA law refuses to fix the car or replace because I have to take it up with VW, because it's VW who does the engine.

This makes no sense.

Just a recap:

Fibres Installed Service Agreement not upheld by service provider Cancelled within 5 days, which they agree to is in my favour. Specifically mentioned even in a recorded initial call about the claw back, if it's not my fault, I don't cover that And still they refuse.

I have many emails which I could send you. Even one of the senior managers from cell c agree with me and my stance that my contract is with cell c as a provider and not SADV especially after being specific in the cancellation and he advised me to come to the ombudsman.

Much appreciated.

Please let me know.