Unconscionable Conduct by Be Forward Company

The Secretariat commenced investigations against Be Forward Company (Malawi) Ltd for alleged unconscionable conduct following a complaint.

The Complainant alleged that he purchased Mercedes Benz – E-Class from the Respondent at MK 4,504,000.00, (USD 5,779. The Complainant further paid USD 850 which covered port clearance charges and cost of delivery to Lilongwe.

When the Complainant went to collect the vehicle from Allied Freight Agencies he noticed that the brakes were very hard to press, the car was not stable on the road, and it was making a taping sound.

Upon engaging the Respondent, the Complainant was told to submit full details of the fault. The Complainant took the vehicle to Automotive Products Limited (authorized dealer of Mercedes Benz) for diagnosis where it was established that the engine had ceased to function and there was a need to replace the entire engine and suspension. The Complainant submitted the diagnosis report to them Respondent, but no remedy was provided.

Following deliberations, the Commission made the following orders:

  1. The Respondent should refund to the Complainant Five Milion Sixty-Three Thousand Seven Hundred Ninety-Two Kwacha (MK 5,063,792.00) being the amount spent to purchase the vehicle or alternatively provide him with a replacement vehicle;
  2. The Respondent should pay a fine of (Five Hundred Thousand Kwacha (MK 500,000) for supplying defective goods; and
  3. The Respondent should consider extending the warranty from 5 days to 30 days.