Paying good money for a product that develops a fault after a short time using it can be quite frustrating for consumers. When this happens, consumers are usually eager to resolve the problem instantly and without any hassle.
To achieve this, some consumers vent their anger on social media platforms or rush to the seller’s shop to express their disappointment. Sometimes these impulsive actions backfire, and instead of obtaining a quick and satisfactory solution, disputes grow as sellers become reluctant to offer such consumers a solution.
When consumers encounter a problem with a product they purchased, the very first thing they need to do is to gather information on their legal rights. This is to ensure that their complaint has a legal basis and also to claim a suitable remedy. Complaints are definitely best made with confidence, and knowledge of one’s rights gives such confidence.
After collecting all the information, the consumers’ next step is to communicate with the seller about the problem. Consumer legislation stipulates that the trader must be notified about the lack of conformity within two months from when the consumer noted the defect or problem.
Furthermore, the overall time limit for compensation under the Consumer Affairs Act is two years from delivery of the product purchased.
Some sellers may try to brush off responsibility by referring consumers to the agent or the mother company that supplied the product. Should this happen, consumers must keep in mind that consumer law holds the final seller responsible for the products sold and hence liable to provide a suitable remedy.
When speaking to the seller, consumers should not only explain what the problem is but must also be clear about the solution they are expecting to receive. It is important that the remedy claimed is reasonable and within the consumers’ legal rights. Demanding something one is not legally entitled to may be negatively perceived by traders and delay the provision of a solution.
Consumer legislation allows sellers the possibility to repair or replace the defective product before issuing a refund- Odette Vella
For instance, if a home appliance is defective but can be easily repaired by the trader, it is unreasonable for consumers to claim a refund as a solution. Consumer legislation allows sellers the possibility to repair or replace the defective product before issuing a refund.
Upon presenting their complaint to the trader, consumers should also submit all the documentation and evidence related to their case, such as the proof of purchase and evidence of the problem encountered. Whenever possible, consumers should take the problematic good with them to show and better explain the problem.
How consumers communicate with the trader about the problem often determines how fast the problem is resolved. While consumers should be assertive when claiming their legal rights, they must, however, always be polite and respectful when addressing the seller.
Consumers should also bear in mind that the seller may not be able to offer a solution immediately. Sellers may need some time to inspect the defective product, verify the cause of the problem and then revert back to the consumer.
As long as the period of time taken by the seller is reasonable and does not cause a significant inconvenience to consumers, it is legally acceptable for the trader to take some time to evaluate the complaint.
If an informal communication with the trader is not enough to resolve the problem, consumers will then need to put their complaint in writing. The written communication must include the details of the product purchased, the problems encountered and what solution is being required from the trader.
Consumers should also ask for a reply in writing within a reasonable time and also include their full contact details. Consumers must also send to traders copies of relevant documents they have related to the claim.
Traders should be given at least a week to assess the claim and revert with a solution. If consumers are not offered an acceptable solution within this time frame, then the consumers’ next step is to lodge an official complaint with the Office for Consumer Affairs for conciliation.
During the conciliation process, the officer handling the complaint communicates with the trader and tries to reach an agreement between the two parties. All efforts will be made to settle the complaint in an amicable manner.
If, however, the conciliation process proves unsuccessful, consumers will then have the possibility to proceed with their claim through the Consumer Claims Tribunal.
Odette Vella is director, Information and Research Directorate, MCCAA
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