On 11th January 2023, the Commission commenced investigations against AFTO Energy Limited on allegations of excluding liability for defective goods, misleading conduct, and unconscionable conduct.
It was alleged that the Respondent sold a solar system which comprised of 1KVA 12V Hybrid Inverter, 200 AH 12V Gel Battery, 150 Watts Solar panels, Batteries stand, Panels mounting structure, and wiring materials. It was alleged that this was based on the quotation that the Respondent issued to him.
The total cost of the solar system, which included installation fees, was MK1,880,000.00. It was further alleged that the solar system had the capacity to power lights, television and charge phones. But it could not be used for ironing and cooking equipment.
However, the Complainant alleged that the solar system did not function to the prescribed specifications. Allegedly, the system could power TV for only about an hour, and that the system could not power lights for a whole night, as the lights would go off way before dawn.
Investigations found that the Respondent did not supply the solar panels that were consistent with what the Complainant was quoted. The investigations further found that the Complainant paid MK1,200,000 for the system leaving a balance of MK530,000.
Pertaining to alleged unconscionable treatment of the complainant, AFTO submitted that the complainant reported to them that the system was not working properly because the power was going off by 4 am. They submitted that power would last depending on the usage and management of the solar power. Further, it was their position that the system worked just fine because it lasted as long as up to 4am.
They further submitted that without informing them, the complainant reconnected the sockets and some other gadgets using his own electrician.
Following deliberations, the Commission resolved to issue the following orders:
- That the case of unconscionable conduct and excluding liability for defective products against the Respondent should be closed;
- That the Respondent should refund the Complainant the amount of One Million Two Hundred Thousand Kwacha (MK1,200,000.00) and remove the solar system within 30 days;