FltM
Faith lesibe tumelO MAKaleng
1 reviews | Active since May 2021
27 Aug 2022, 16:54
The Consumer protection act not followed by the ombudsman
According to this ombudsman it can't rule on a mechanic who diagnose my vehicle without my permission as the owner, and I am still expected to pay for the service rendered but the south Africa law suggest otherwise, when I call them to give me clarity they hang up on me on three occasions. This is what makes our country to dysfunctional because we still under economic oppression by this non profit organization and to them CPA doesn't apply to their friends 😔😔. The administrator who are handling my case always on leave when I need answer this is *******
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Replies (3)
Ombudsman for Short Term Insurance's replyOfficial
29 Aug 2022, 18:43Dear Faith Lesibe Tumelo M
- According to our records, a decision was taken on the dispute in March 2022 already. You had the matter escalated for consideration by a panel of senior adjudicators including the Ombudsman, and you were advised a few days ago that you were unsuccessful. Records reflect that you are liaising further with our office for a few issues to be clarified for you, but it does not appear that we can assist you.
- The jurisdiction of the Ombudsman for Short-term Insurance (OSTI) is limited to matters where we can make rulings against member insurers. We do not issue rulings against mechanics as we do not have the authority to deal with complaints against mechanics or repairers.
- We note that the office with the relevant jurisdiction, the Motor Industry Ombudsman of South Africa (MIOSA) was approached by you in the above regard, and they were not able to assist you with your desired outcome.
- If you read Schedule 2 of the CPA, you will note that Section 10 thereof expressly states that the short term insurance industry is exempt from the application of the Act. It is not due to any other reason that the CPA does not apply. The Act itself defines its limitations and application.
- If it is your view that the matter was not handled properly, there are internal escalation processes you may follow for this to be investigated and dealt with accordingly.
- This is however unlikely to affect the outcome of the dispute as the merits have already been re-considered by our escalation committee as already stated above.
- Beyond the above, we cannot comment any further in relation to this matter on this platform.
Yours faithfully
Peter Nkhuna
Senior Assistant Ombudsman
Ombudsman for Short Term Insurance's reply29 Aug 2022, 18:43
Official
Dear Faith Lesibe Tumelo M
- According to our records, a decision was taken on the dispute in March 2022 already. You had the matter escalated for consideration by a panel of senior adjudicators including the Ombudsman, and you were advised a few days ago that you were unsuccessful. Records reflect that you are liaising further with our office for a few issues to be clarified for you, but it does not appear that we can assist you.
- The jurisdiction of the Ombudsman for Short-term Insurance (OSTI) is limited to matters where we can make rulings against member insurers. We do not issue rulings against mechanics as we do not have the authority to deal with complaints against mechanics or repairers.
- We note that the office with the relevant jurisdiction, the Motor Industry Ombudsman of South Africa (MIOSA) was approached by you in the above regard, and they were not able to assist you with your desired outcome.
- If you read Schedule 2 of the CPA, you will note that Section 10 thereof expressly states that the short term insurance industry is exempt from the application of the Act. It is not due to any other reason that the CPA does not apply. The Act itself defines its limitations and application.
- If it is your view that the matter was not handled properly, there are internal escalation processes you may follow for this to be investigated and dealt with accordingly.
- This is however unlikely to affect the outcome of the dispute as the merits have already been re-considered by our escalation committee as already stated above.
- Beyond the above, we cannot comment any further in relation to this matter on this platform.
Yours faithfully
Peter Nkhuna
Senior Assistant Ombudsman
FltM
Faith lesibe tumelO MAKaleng's updateReviewer Update
29 Aug 2022, 19:16Lol, on your point number 2. The insurance is the one which reffred me to the mechanic and I have a legal binding contract with the insurance. To this day I am still awaiting for the insurance to tell me to go collect my vehicle as per normal procedures. The mechanic harrassed me and disrespected my privacy because they were not suppose to be in communication with me and your organization to see nothing wrong in that it is beyond me. I am a customer and this matter falls under the consumer legislation acts. The osti can try to be deserving the hellopeter community the fact remains the are rotten administrators in your organization and you fool poor citizens whom don't know their rights and you work against them and you guys only mention the March case because you know very well you opened two cases and you trying to cover up for the first one. Miosa had no jurisdiction over this matter and you guys no very well but this so south africa gorvebed by its laws no things yoh come up with.
FltM
Faith lesibe tumelO MAKaleng's update29 Aug 2022, 19:16
Reviewer Update
Lol, on your point number 2. The insurance is the one which reffred me to the mechanic and I have a legal binding contract with the insurance. To this day I am still awaiting for the insurance to tell me to go collect my vehicle as per normal procedures. The mechanic harrassed me and disrespected my privacy because they were not suppose to be in communication with me and your organization to see nothing wrong in that it is beyond me. I am a customer and this matter falls under the consumer legislation acts. The osti can try to be deserving the hellopeter community the fact remains the are rotten administrators in your organization and you fool poor citizens whom don't know their rights and you work against them and you guys only mention the March case because you know very well you opened two cases and you trying to cover up for the first one. Miosa had no jurisdiction over this matter and you guys no very well but this so south africa gorvebed by its laws no things yoh come up with.
FltM
Faith lesibe tumelO MAKaleng's updateReviewer Update
29 Aug 2022, 19:46To add on to what is has been I already said read to understand don't qoute something yourself you don't understand. I know the CPA it is 400 pages long and I am absa insurance customer not the mechanic I have been sent to, do proper investigation and I still required my recording and method which was used to investigate my case, I have a rights and if I have force you guys to enforce them then let it be.
FltM
Faith lesibe tumelO MAKaleng's update29 Aug 2022, 19:46
Reviewer Update
To add on to what is has been I already said read to understand don't qoute something yourself you don't understand. I know the CPA it is 400 pages long and I am absa insurance customer not the mechanic I have been sent to, do proper investigation and I still required my recording and method which was used to investigate my case, I have a rights and if I have force you guys to enforce them then let it be.