Q: I have a special needs scooter which I purchased from a local seller. Lately this scooter was consuming its battery charge rapidly. I know that the battery and the charger are not the problem because these were replaced last year and in fact are still under warranty.
I contacted the original seller and informed him about the problems the scooter is giving me. He requested to take the scooter to have it checked by his technicians. After checking the scooter he told me that to repair it there’s a €60 cost. I agreed to this and also specifically requested the seller to inform me if, during the repair, other problems crop up that could cause the cost of the repair to increase. I did this to have the option of whether or not to proceed with the repair.
Weeks passed and I did not hear anything from the seller. I started calling him to see if the scooter was ready. Every time I called, the seller mentioned different problems they found with the scooter while repairing it. When it was finally ready, I was informed that the cost of the repair was €150 and not €60 as originally agreed. I had no other option but to pay as otherwise the seller would not give me my scooter back.
When I used my scooter in the evening I immediately noticed that its wheels were not working well and that it was making strange noises. In short, the scooter had more damages than when I originally took it for repair. The following day I called the seller to inform him what happened and he promised that he would refund the money I paid for the repair. A few days later I called him again to make arrangements for the refund but he changed his mind and refused to issue it. What are my rights in this situation?
A: When a consumer takes a product for repair the trader is obliged to repair the product at the agreed price. Apparently, this was not your case. Not only did the trader charge you more but the repair did not fix the scooter. Hence, since the repair was not successful, you may ask the seller to repair it again at no extra cost, or refund you the money you paid for the repair. You should make this request in writing and if the seller does not agree to provide you with an acceptable remedy, you may then lodge a complaint with the Office for Consumer Affairs.
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