ALLEGED EXCLUDING LIABILITY FOR DEFECTIVE GOODS, MISLEADING CONDUCT AND UNCONSCIONABLE CONDUCT BY SMB ELECTRONICS

On 13th June, 2022, CFTC commenced investigations against SMB Electronics on allegations of excluding liability for defective goods, misleading conduct and unconscionable conduct.

The Complainant alleged that in September 2019, the Respondent supplied him with a “glass panel” for a “43 Inch Hinsese LED TV”, since the Complainant was in Mzuzu, he inquired with the Respondent. The Complainant alleged that the Respondent assured the Complainant that the glass panel would fit onto the TV. The price was MK75,000.00. 

However, the technician installing the panel found that the glass panel did not match with his TV, but also that the glass panel was not compatible with the model TV. The Complainant returned the product and demanded an effective redress of the matter. The Respondent committed to make a full refund of the money, however, the Respondent never effected the refund for 2 years.

Following deliberations, the Commission found the Respondent liable and issued the following orders:

  • That the Respondent should refund the Complainant the sum of MK75,000.00 which he paid for the glass panel.
  • That the Respondent should cease and desist from engaging in excluding liability for defective goods, misleading conduct and unconscionable conduct.