1 reviews | Active since Jul 2015
MTN doesnt care about the Consumer Protection Act
When I was upgrading my Cell Phone contract, I bought an expensive Samsung phone cover. All from an official MTN retail outlet in Woodmead 3 Months later the cover was delaminating (the rubber pealing) off the hard inner shell. I took the cover back to a different MTN retail outlet (they are 50 KMs apart) and asked for a replacement cover. “Do you have the original packaging?” Who says that you have to keep the packaging of everything you buy to have support as a consumer? “No”, I answered “Then MTN will not replace it.” I insisted that they replace the item “MTN will send it to Samsung and see what they say.” I did not have a contractual relationship with Samsung, I bought the cover from MTN. As this was not a fancy technical defect, but rather a failure of the product that any layman can identify, I saw no reason to get Samsung involved. That’s between MTN and Samsung. Not my problem. I wanted a cover for my phone that did not fall apart within a few months after normal usage. “Do you have the invoice?” “No, but it is on your system. I’m a contract customer. You are an international communication company; you can review your sales data from any retail point.” I told MTN. I had the date and transaction details with me. They couldn’t find the correct phone number for their sister MTN output. (You cannot phone a major MTN Outlet?) MTN say that they cannot see a consumer’s activities (proof of purchase) off their ‘fancy’ IT system. Remember that the cover was bought at the same time that I signed a 24 month contract. Hardly a minor transaction. They consulted their branch manager and he insisted that they were following their processes. I insisted that the Consumer Act allowed me to return the item. That they can’t have processes that conflict with the Consumer Act. My rights take precedent over their internal processes. That I have no contractual relationship with Samsung and that MTN had to give me relief. When I raised my voice and told their customers in the queue that my consumer rights were not being honoured, that they should be careful what they bought at MTN, MTN threatened to call the police. I suggested that they should. They didn’t. Consumer Protection Act (CPA) Your right to imp**** warranty of quality • In any transaction or agreement pertaining to the supply of goods to consumers, it is an imp**** provision that the producer or importer, distributor and retailer each warrant that the goods comply with the requirements and standards of being safe, of good quality and durable. • Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six (6) months after delivery of such goods, if the goods are of inferior quality, unsafe or defective. • Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods. My points. • I have no relationship with Samsung. My supplier is MTN. MTN must remedy the defective product • The defect is not technical or strange. It is basic delamination. Any reasonable person can see and decide. • MTN may not make (or ask me to be subject to) policies that restrict my rights under the CPA. • Proof or purchase is all with MTN, and they should have assisted me with this documentation. • The cost of the item (R400?) is small. Where is customer service?
