WENDY KNOWLER: Consumer disputes and what the law says - you win some, you lose some

Relebogile Mabotja speaks with Wendy Knowler, Consumer Journalist

Listen to the interview in the audio below.

The consumer Goods and Services Ombud (CGSO) recently released its report for the the year ending in February 2024.

In the past financial year, the Goods and Services Ombud scored R12.1 million for unhappy customers.

ALSO READ:

Consumer ombud sees increase in complaints about expired food

SA's consumer laws need to be updated to protect online shoppers

Of the 7,800 cases, 60% had a favourable outcome for the consumer.

“That is much higher than is the case with the banking and insurance ombuds.”

- Wendy Knowler, Consumer Journalist

Of the cases closed by the CGSO in this period, 19% were closed due to uncooperative companies.

The CGSO has a good track record of delivering justice, but can only do so if it is warranted.

Here are some cases where the law will and won’t work in your favour.

Misleading telesales calls

In this instance, a telesales agent offered a deal to the customer for two cellphones and a laptop at R429 per month, and the customer accepted the offer.

One month later the company called and tried to cancel her contract.

When she refused, they suspended her account saying she had an outstanding balance of R4,330 and would have to pay R1,500 a month instead.

She reached out to the CGSO, and the company argued that the agent had made a mistake and the R429 applied to only one product.

After reviewing the phone call, the ombud determined that the agreement was legally binding, since the complainant had specifically inquired whether all three items were included.

Be advised that if an agent promises you a deal that’s too good to be true, and you make sure you understand the terms, they must stick by the offer.

Removing a security tag at home

A woman purchased a jersey, and discovered upon arriving home that the store had failed to remove the security tag.

She took it back to the store, but the garment was damaged when the cashier tried to remove the tag. This was because the customer had bent the pin on the tag while trying to get it off at home.

She asked the shop for a new jersey, but they refused, as the defect happened after she left the store.

The Ombud ruled in the store’s favour so there was no recourse for the customer.

Let this be a lesson never to remove a security tag at home, but rather take the trip back to the store.

Incorrect pricing on a product

A customer spotted an air fryer online for the shockingly low price of R4 and immediately bought it.

The supplier noted the error and told her the air fryer was meant to be priced at R4,000.

They offered to refund her R4, but she refused and demanded the air fryer at the advertised price.

The ombud found this a reasonable mistake and did not side with the consumer.

In such cases, the advertised price is not considered binding if it was due to a mistake, as long as the supplier takes the necessary steps to mitigate the risk of errors, such as typos.

This includes stipulating that the prices advertised do not constitute a binding offer, and they reserve the right to refuse or refund any payment made by the consumer.

“It is not a bargain you can demand.”

- Wendy Knowler, Consumer Journalist

Scroll up to the audio player to listen to the interview.