Another positively concluded case

Many letters were exchanged in this case and Mr Azzopardi's perseverance proved to be the key factor:

Re: Faulty fridge single door 'Bonfa' VE-LT-265-BFANTI

I, the undersigned wish to make my complaint in writing after complaining verbally several times to your service manager Mr Mifsud, regarding a fridge/freezer (side by side) purchased from your company on July 29. The fridge came out faulty from the factory and had a series of problems as follows:

1. The fridge door alignment did not tally with its twin freezer.

2. Water leaking from the fridge tray to the floor.

3. It also developed condensation, watering the objects in the fridge.

All these complaints have been transmitted to the service manager who tried to rectify the situation by sending no fewer than three technicians to solve these recurring problems. The last visit by the technician was on September 19. He changed the thermostat as a last resort. On the same day the fridge stopped functioning. Obviously we had to bear all the inconvenience that this situation brought about.

The following morning I informed Mr Mifsud about this last problem. He sympathised with me and informed me that he will be referring the matter to you, recommending a replacement fridge.

Considering that the fridge came out faulty from the factory causing these problems in the initial stages, I strongly request that the fridge should be replaced with a new one. (Victor Azzopardi, September 20)

Phoenix replied:

Thank you for bringing this case to my attention through your two different letters, both dated September 20, which we received by hand and through the post.

Your fridge was collected and brought to our workshop for inspection on September 20 and a temporary replacement was also provided to alleviate any inconvenience caused. Since you make no reference to this, we assume that both letters were written before.

Since then we identified a minor fault, which was causing the problem, and this has now been rectified. This morning Mr Mifsud (service manager) spoke to Mrs Azzopardi and informed her that the unit is functioning satisfactorily in our workshops where it has been on test since last Tuesday. You are welcome to come and see it before we effect delivery.

When your letter was referred to Mr Mifsud he categorically denied ever having recommended a replacement. He simply offered to transmit your request for a new unit in replacement of your own. There is no cause to replace your unit now that the problem has been resolved. The doors may be adjusted on site to align them as closely as possible to those of the companion unit.

Kindly liaise with Mr Mifsud (tel: 2385-2132) to close the case.

Assuring you of our attention at all times. (Mrs Ann Petroni, September 23)

Mr Azzopardi replied:

Your assurance that the problems mentioned in my letter were identified and rectified at your workshop proved not to be the case, since the fridge is still with the same problems, namely that water is leaking to the floor and condensation wetting the objects inside the fridge.

I have since complained about these problems to Mr Mifsud, your servicing manager who sent his technician on Monda the 17th to see for himself the faults which I was complaining about. The technician confirmed the faults and reported back to Mr Mifsud who phoned me to confirm what the technician had reported to him. At that stage Mr Mifsud informed me that he couldn't do anything, and that he was referring the matter to his directors for consideration.

Later this week, Mr Mifsud phoned me to explain that there is nothing he can do to rectify the matter and left me without a solution. When his arguments were exhausted, he had the cheek to tell me that maybe the fridge is not functioning well because the level of humidity in the air is high. According to his banal argument all the fridges in Malta will not function properly when the humidity level goes up to 90 per cent! This is not the case, and to prove that your argument is wrong, the fridge that you sent as a temporary replacement worked perfectly well in the same environment.

Is this the way you treat your customers? I bought a new fridge with two years' guarantee and you left me without a solution. The least one expects from your firm is that you will be faithful to the guarantee and rectify the faults to the customer's satisfaction. However, considering that the fridge came out faulty from your warehouse and a number of attempts have been made on your part to rectify the situation albeit without success, one would expect a replacement.

One last point ... on consulting the Government Health Department, I was informed that condensation in the fridge might be unhygienic and can be a health hazard when in contact with food. To this affect I will hold you responsible for any health risk that my family might be exposed to.

Regretfully, I have to inform you that unless I receive an offer of replacement within the next five working days, I will have no option but to take all the necessary actions to safeguard my rights. (Victor Azzopardi, October 21)

Success at last! I received the following letter:

I refer to my letter dated October 21 addressed to Phoenix Domestic Appliances Ltd. and copied to you regarding a fridge, which was faulty and giving problems.

I am glad to inform you that following my letter, Phoenix have replaced the fridge with a new one within the stipulated time mentioned in my last paragraph of my letter under reference.

I have tested the new fridge to my satisfaction, and I am pleased to inform you that the matter has been settled. (Victor Azzopardi)

Phoenix sent the following message to Mr Azzopardi:

We are pleased to learn that you are satisfied with your new refrigerator. While we do agree that you were experiencing internal condensation problems with the refrigerator which you originally purchased, we wish to state that it has not been established that the unit is "faulty". When it was tested in our workshop it functioned well and all the tests carried out indicated that the unit was in perfect running order. Immediately after the exchange your original unit was again tested in our workshop and found to be functioning well. No excess condensation was observed.

Thus it can be safely assumed that the excess condensation in the original refrigerator resulted from its use in your premises and/or the atmospheric conditions prevailing at the time. (Stephen A. Petroni, managing director, Phoenix)

Mr Azzopardi replied:

On reading your letter (November 7) I tended to ignore it but, since you kept harping on with the same arguments of humidity problems, I felt obliged to inform you that the replaced refrigerator is working perfectly well under the same room conditions.

At this point I want to thank Mr Muscat Inglott (to whom this letter is copied) for the sterling service by publishing such disputes in the Customer Service Column of The Sunday Times. I owe it to him that this matter was settled in such a short time.

I now consider this matter closed. (Victor Azzopardi)

Indeed an interesting case well worth sharing. Both parties performed well. Mr Azzopardi got a new refrigerator and Phoenix confirmed the importance they give to ensure Customer Satisfaction.