Alleged Misleading Conduct, Offer of Prizes with no Intention of Supplying them; and Unconscionable Conduct by Build Africa Ltd

On 27th April, 2022, CFTC commenced investigations against Build Africa Ltd on allegations of misleading conduct, offer of prizes with no intention of supplying them and unconscionable conduct.

The Complainant alleged that, in December 2021, he purchased a “40 inch LED Television screen (TV)” from the Respondent, which was on promotional sale at a price of MK275,000.00.

However, when the Complainant went to collect the TV, it was found that the product was not in stock but the Respondent committed to supply the TV when back in stock. However, the TV did not come back in stock.

Later in March 2022, the Respondent offered to refund the Complainant; but the Complainant refused; and demanded to be supplied the TV.

The Commission found that the Respondent engaged in unconscionable conduct in selling a TV to the complainant that was not in stock, however, the Commission found that the offer of a refund was a sufficient remedy for the Complainant. The Commission thus ordered that the Respondent should refund the amount of money they were ready to pay the Complainant in March 2022.