complaint

I have taken the time out of my excruciatingly busy work schedule and business regiment to document the sequence of events that have culminated in the current dilemma I find myself in as a result of the non-existent service received from my cellular service provider TELKOM. At this point – the damage is irreparable; however, I need you to be cognizant of the unacceptable levels of customer service and failure to adhere to common business practice principles when entering into a legally binding contractual agreement in the form of a cell phone contract. That involves myself as party A- the subscriber and the company in question – TELKOM- party B The legal definition or explanation of a subscription based contract is as follows: Subscription contract is a promise or undertaking to subscribe based upon a sufficient consideration, sometimes the promises of other subscribers. In lieu of the subscription a monthly instalment is payable. The sequence of events that leads to my frustration is as follows: I upgraded my cell phone contract in January 2017 as I was interested in the Apple I-phone 7 purely for its business capabilities and enhanced technology features that are necessary to operate at maximum productivity levels that my position as a professional executive requires. I made it vehemently clear that I wished to remain within the parameters of my then current spending. I was encouraged and motivated to take out insurance that would cost R390 .00 per month, that would cover me in terms of breakage/loss and /or theft. Although reluctant to spend an extra R400.00 per month I recognised the value and determined that should the phone be rendered useless the costs tor replace or repair would be significantly more – and I agreed to have the additional surplus cost added to my monthly subscription for that cover. At the end of July 2017, I visited Fourways Crossing TELKOM store to have my phone taken in to be repaired, they booked in the device and then advised me I would need to get a loan phone (at my own cost) as it would take a significant amount of time to repair. Needless to say – I was inconvenienced and incurred additional costs (over and above that that the insurance was meant to insure me against) as a result of my handset now not being operational. Being accessible and within contact at all times is imperative to be successful in the industry I am in and could not afford to be without a handset for a long period of time as it would have a direct impact on my ability to earn an income in the manner in which I am accustomed. 8 weeks later I was advised that my phone had been repaired and ready for collection. I rather enthusiastically headed over to the TELKOM store to collect my device only to discover that the handset was in the exact same condition that I had submitted it in. – unrepaired. Despite having my handset in their possession to be fixed for 8 weeks – nothing had been done. The manager apologized profusely - and assured me the matter would be dealt with and that the store would be in contact with me to keep me in the loop regarding the progress of the repairs and agreed to furnish me with some sort of reasonable explanation for what had transpired. Another 8 weeks passed, and I was again notified that the phone was repaired and ready for collection. To my complete and total disgust and shock I arrived at the store to find that for the second time I was seconded to the store to collect a device that was again not repaired. In my frustration I advised the store manager that I wished to cancel my contract- I completed the required documentation that was then submitted – For the record let me reiterate that all this time I continued to pay my monthly subscription along with the additional R390.00 insurance premium/cost over and above my monthly subscription even though the handset was not operational. The manager of the store was less than helpful and I retreated to leave the store and decided to contact the call centre so there would be recorded correspondence between myself and the service provider ( TELKOM) as I am aware that the calls are recorded for quality and insurance purposes. The team leader who attended to my telephonic complaint advised that as he could not get through to the store – he referred and suggested I go back to the store and stand there and call him from directly inside the store as he was “unable to get hold of the store manager from his side.” I was astounded at his bare-faced audacity, thinking he could dictate my course of action, his blatant disregard for my time and no regard for the concept of customer service. To even suggest and advise a customer to take this sort of action in an attempt to resolve a query has reinforced that there is no customer service policy in place and clearly the staff are ill-equipped to escalate and manage customer complaints and queries. I cannot believe the manner in which my complaint and problem has been dealt with considering the amount of money I spend on a monthly basis to be in touch – I feel that TELKOM has not in any way, shape or form upheld their end of the subscription agreement/contract in legal terms The insurance paid per month was meant to ensure in the event of needing to have a handset replaced/repaired I would be covered- 16 weeks later I am still in the same compromised position I was when the phone was rendered operational. Notwithstanding the costs incurred to pay for the use of a loan phone for 16 weeks. I now require someone is senior management to revert back to me regarding my A – inconvenience B- costs incurred as a result of the default in agreement to repair the handset And C - if I really want to be difficult I can bill for my time – loss of earnings as result of being without a handset. D- Costs incurred to replace the handset in my own capacity and for my own cost to get a loan phone And last but not least – the shocking treatment I received as a TOP END CELLPHONE USER. Should I not receive a timeous response I will investigate legal channels available to me as I am certain if this is the treatment I received, this is a regular occurrence and other South Africans are experiencing similar issues The consumer protection act makes provision for organizations that do not adhere to contractual obligations and who dismiss and fail to acknowledge their obligations to paying consumers. Thanking you in Anticipation