Store policy in contrast with CPA ACT
Good Day
My father bought bought an OIL PAN (R***REN) on the 13/06/2019 for R2199.95 and was told the part will only arrive in East London Renault (14 Western Avenue, Vincent 5201, Tel:***) on the 11/07/2019 but with no luck the part didn’t arrive and he informed the store about that and that he will look for alternative as to where he can get the part. Mind you my father is 75 years old and he needs the car and couldn’t wait any longer.
On the 19 of July he called Renault and told them he got the part and wont be needing the part anymore so they can cancel the order and refund him his deposit.
Now last week when he followed up with Renault the manager at the store told him that he wont get any refund none whatsoever and the guy was rude to my old man telling to come fetch his part and his not due for any refund.
Now thats absurd as per CPA law and I dont want to take this to the ombudsman without first speaking to you and giving you guys a chance to respond in writing.
May you kindly refund my dad his money as the part is still with you (East London Renault in Vincent). As I dont want any issues with this. Cause as per “s20 (read with s19) of the CPA, if a consumer has not had the opportunity to examine or inspect the actual goods received before purchase, they are entitled to inspect the goods on delivery. If on this initial inspection they find that:
the goods do not meet the ‘type’ or ‘quality’ they could reasonably expect from the agreement; or if the goods where made in terms of a special or ‘custom’ order, and they goods do not reasonably conform to the specifications of the order, then:
the consumer can refuse delivery, receive a full refund, and the consumer can cancel without penalty. The supplier will have to pay the costs to return the goods.”
Also in terms of CPA “Wherever the CPA entitles a consumer to a refund, it must be interpreted to mean that the consumer has the election on how to receive the refund. This means that while refunds as in-store vouchers or credits are not ******* per se, if the consumer demands a cash refund the supplier must give it to them. Also in terms of s56, the consumer (not the supplier) can decide whether to chose the refund, replacement or repair.”
So please ask the Vincent Branch to call and apologies to my father and issue him with a refund asap.
My number is +*** and Fathers number is *** Mr Albert Ncedani Skade)