The Secretariat received a complaint against SANU Mobile Ltd for alleged exclusion of liability for defective goods and failure to give warranty or guarantee on long use goods.
The Complainant alleged that on 14th March, 2019, the complainant purchased a car battery from the Respondent’s shop at MK 52,000.
Soon after, he discovered that the battery was not functioning. The Complainant brought the matter before the Respondent on 4th April, 2019, however, he was not given any remedy. Further, the receipt issued by the Respondent carried a prohibitive disclaimer, which stated that: “Goods once purchased are not returnable.”
Investigations by the Secretariat established that the battery developed a fault within less than a month of purchase. The timeframe was too short for a product meant for long use.
It was further established that the Respondent did not provide a remedy to the Complainant, and that the receipt issued by the Respondent carried a disclaimer. The Respondent did not give warranty or guarantee on the product despite the fact that the battery is a product for long use.
The Commission concluded that the conduct by the Respondent Contravened Sections 43(1)(b) of CFTA and 34(4) of the CPA.
Following deliberations, the Commission made the following orders:
- That the Respondent should refund the Complainant the price of the battery or alternatively that the Respondent should give the Complainant another battery in exchange;
- That the Respondent should pay a fine of Five Hundred Thousand Kwacha (MK 500,000) for engaging in exclusion of liability for defective goods;
- That the Respondent should cease and desist from engaging in exclusion of liability for defective goods.