Refused Refund – Violation of Consumer Rights under the Consumer Protection Act

I purchased a Bennet 11.5L Airfryer on 12 May 2025 from Game Store Richards Bay. On 08 July 2025, less than two months later, the airfryer’s fan stopped functioning. I returned it to the store for a refund, as I am entitled to do under the Consumer Protection Act (CPA).

At the returns desk, I was informed that the unit needed to be sent to the repair department and that a refund would not be possible since I was outside the store’s 14-day policy. This is completely incorrect and ********.

According to the Consumer Protection Act, Section 56(2):

> “If the goods fail to satisfy the requirements and standards contemplated in section 55, the consumer may return the goods within six months, without penalty and at the supplier’s risk and expense, and the supplier must, at the direction of the consumer, either— > (a)repair or replace the failed, unsafe or defective goods; or > (b)refund the consumer the price paid for the goods.”

This means I have the right to choose between a repair, replacement, or refund within 6 months of purchase. A store cannot enforce a repair or force me to wait while the product is sent for assessment if I am exercising my legal right to a refund.

I was assisted by Jay Ali from Tevo, who was polite and professional. He listened to my concerns and understood my frustration, but unfortunately he explained that he was limited by the company’s internal policies. These policies are not aligned with the Consumer Protection Act, and no internal policy can override consumer rights protected by national law.

I escalated the matter via Jay to his manager Thokuzani Mglongo, who also refused to authorize a refund and insisted the product be assessed first to determine whether a refund was warranted. This is in direct violation of Section 56 of the CPA.

This experience has left me extremely disappointed, not only in Game Store but also in Tevo’s disregard for the rights of South African consumers.

I am requesting:

A full refund, as per my rights under the CPA. That Game ,Bennet and Tevo align their return policies with the Consumer Protection Act. A formal apology for the inconvenience and misinformation I received.

As this matter is not resolved, I will proceed to report it to the Consumer Goods and Services Ombud (CGSO) and the National Consumer Commission (NCC).

South African consumers deserve better. Our rights are protected by law — not optional based on a store’s internal rules.