Poor service, not honoring agreements or adhering to the CPA,

On Saturday 19 November 2022, I returned my 4 months old GEB 200AH Gel batteries to Proton Solar and requested a refund if the batteries are found to be faulty by the factory. The individuals that assisted me had to contact the manager to get approval for me to buy new batteries (As I did not want to be without batteries) and would be refunded for the faulty batteries once Factory has inspected the faulty batteries. I was informed that this process takes 10 days. At the end of November, I phoned again, and was told that there was a backlog and that I should receive an update shortly. Not having received any updates, I phoned again on the 03 January 2023, and was informed there is a massive backlog at the factory, but they will provide me with an update. I phoned several times a week to get an update and received various excuses and promises of feedback. On 30 January 2023, after numerous follow ups, I received a WhatsApp message indicating that Proton Solar has moved premises and they are still busy setting up the machine to check the battery faults and I will receive an update. After this I indicated that this is just not acceptable, to which I received a WhatsApp message, “as I mentioned we have been moving premises” I asked if they have been moving since 19 November? And only received a WhatsApp message on 31 January 2023, in which I was informed that I could collect my batteries on Wednesday 01 February 2022, I indicated that I requested a refund as I bought new batteries from them (Proton Solar) on 19 November 2022 and it was agreed that I will receive a refund on 19 November 2022, when I returned my faulty batteries. I was then informed that they did not agree to a refund and was sent their terms and conditions, which actually provides for a refund. See below an excerpt of the terms and conditions: “in terms of the Consumer Protection Act, a “major” failure, the remedy will be limited to a refund, a replacement, or a repair of your preference. In all other cases, a breach of warranty will give rise to a refund, replacement or repair at our preference.” It should be noted that the Consumer Protection Act Section 56(2), does not contain the wording “major” failure. But rather states the following “Imp**** warranty of quality 56. (1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be. (2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods; or (b) refund to the consumer the price paid by the consumer, for the goods.” Proton Solar is thus acting in a manner contradictory of statutory law in the form of the Consumer Protection Act on multiple fronts as follows: 1. Not adhering to the refund timelines applicable to the inspection of a product. 2. Not refunding a consumer that has elected a refund within the period prescribed by the CPA. 3. Using wording in their terms and conditions that is contradictory to the Consumer Protection Act. Furthermore, reneging on their agreement to refund me, and also not providing updates feedback or communication as agreed upon. Let’s entertain the idea that they did not agree to a refund, I requested a refund, to which I am entitled to considering both the Consumer Protection Act as well as their Terms and conditions makes provision for this.

This is not a difficult concept to grasp, yet they are attempting to deny me my rights as a consumer.

I have since registered a complaint with the Consumer Goods and Services Ombud, and received a response within 4 working days.

If you are experiencing the same lack of service and basic consumer rights from proton Solar Distributors, I recommend that you make contact with the aforementioned Ombud, if this is a trend from Proton Solar, which appears to be the case, there can be severe penalties. The link for the Ombud below: https://www.cgso.org.za/cgso/decision-tree/