Consumers rights under the CPA

<p> </p> <p>The Consumer Protection Act (CPA) 68 of 2008 should have brought a change to customer service in South Africa providing the consumer much needed protection. The rights of the consumer to return goods to the supplier of those goods are set out in Sections 55 and 56 of the CPA. But since it's introduction many retailers try to work around the CPA, do not make customers aware of their rights, claim ignorance and interpret it to their own benefit.</p> <p> </p> <p>A good example would be when a consumer purchases a defective television and contacts the retailer. The retailer will often pass the buck to the manufacturer, and state that they cannot replace the television because manufacture will only offer a repair under the warranty. However the consumer protection act clearly states that the supplier must, at the direction of the consumer, either repair or replace the defective goods or refund to the consumer the paid price. It is clearly the choice of the consumer as to whether they want a repair, replacement or refund. If a supplier repairs the goods or any component thereof and the defect is not remedied within three months after the repair or a further defect is discovered, the supplier must replace the goods or refund to the consumer the paid price. This repair would have only have taken place in the instance were the consumer elected for the repair.</p> <p>But what you will find in practice is that the consumer will be told by the supplier (the retailer), that the manufacturer will only replace the goods after the third repair. This again is clearly in contravention of the consumer protection act. Also notice how the retailer has removed themselves from the problem making themselves a third party by passing the buck to their supplier, again in contravention of the Consumer Protection Act.</p> <p> </p> <p>The relationship is between the consumer and the retailer, and not the consumer and the manufacturer. It is the retailer that has to make good as per the CPA, yet they will attempt to pass the buck to the manufacturer in an attempt not to fulfill their obligations under the CPA.</p> <p> </p>