Pick N Pay Hyper by the sea Durban north

Dear Pick n Pay Customer Care / Head Office,

I am writing to formally lodge a complaint regarding the unacceptable treatment and refusal of service I experienced at Pick n Pay Hyper – Market by the Sea, Durban North, concerning a 55-inch TCL Mini QLED TV (2025 specification) purchased approximately two weeks ago.

The television has a clear manufacturing defect, namely large visible circular backlight rings, which were identified well within the return period. This defect is inherent to the panel/backlight and is not the result of misuse or accidental damage. The defect could only be identified once the product was unpacked and used, as is reasonable for a television.

When I returned to the store to request a refund or replacement, I was assisted by Mr Shaun Scheepers, who identified himself as the highest authority in the store, The manner in which this matter was handled was dismissive, unprofessional, and deeply concerning. During the interaction, I was told: “Take your TV and go back home.”

Mr Scheepers stated that he was done talking to me and handed the matter over to a junior manager. I was informed that the television could not be returned because it was not sealed in its original packaging, despite the defect only being discoverable after opening and operating the unit.

When I referred to the Consumer Protection Act, Mr Scheepers stated that he was not fami**** with it, commented that it is 300 pages long, and refused to look up or verify the applicable sections. He dismissed the CPA excerpts I provided, refused to consult store documentation, and stated that I could either book the TV in or go home. He also suggested that I was free to complain on social media or Hello Peter.

This conduct was unacceptable, especially from a senior manager and the highest authority on site. The refusal to engage constructively, de-escalate the situation, or acknowledge statutory consumer rights was distressing and unprofessional.

For clarity, Section 56 of the Consumer Protection Act provides that a consumer has the right to return defective goods within six months of purchase, may choose a refund, replacement, or repair, and that a retailer may not refuse a return due to opened packaging where a defect is present. A consumer cannot be forced to accept a repair, particularly for a product only two weeks old. Manufacturing defects cannot be identified without unpacking and using the product.

As a result of this refusal, I have been left without a television for an estimated 21 days, despite having paid a significant amount and acting fully within my legal rights as a consumer.

In addition, I formally request compensation for each day that the television is not returned to my possession. The funds used to purchase this television could otherwise have been earning interest or generating value through more constructive financial use. It is unreasonable for me to bear a financial opportunity cost as a result of a defective product and an ******** refusal to process a return.

I am formally requesting immediate intervention from Pick n Pay Head Office, a full refund or replacement for the defective television in line with the Consumer Protection Act, fair compensation for the period during which I am deprived of the use of the product and my funds, a written response addressing the conduct of the staff involved, and confirmation that store management will be reminded and retrained on their obligations under the Consumer Protection Act.

Should this matter not be resolved promptly, I will have no alternative but to escalate the complaint to the National Consumer Commission.

I trust Pick n Pay will treat this matter with the seriousness it warrants and resolve it without further delay.

Kind regards Mr Pillai