On 14th March, 2025 the Commission received a complaint from Mr. Joseph Chabwera of Blantyre against Speed Courier & Logistics Ltd, on allegations of unconscionable conduct in the delivery of its courier services.
The Complainant alleged that, on 27th December 2024, he engaged the Respondent, through their Blantyre office, to transport and deliver a parcel containing a Canon Camera 5D Mark III and a silicon cover worth ¥4060 (an equivalent of MK1,698,000.00). However, the Complainant observed that the camera and the silicon cover were not delivered to the intended recipient as expected. The Complainant notified the Respondent about this and was advised that the parcel could no longer be traced. However, the Respondent did not provide any remedial measures.
The Commission’s investigations established the following:
- The Respondent refunds goods worth less than MK 300,000. However, goods that cost more, require a claim form to be filled and submitted to their insurance company for processing. The Complainant filled the form in January however, the delay was due to own investigations.
- The Commission noted that the service that the Respondent provided to the Complainant was grossly defective in the sense that the subject parcel was not delivered, as it appears to have gotten lost. Furthermore, the Respondent was not forthcoming to timely update the Complainant on the delay or failure to deliver the parcel within the stipulated timelines. Nevertheless, it should be considered that the Respondent duly accepted liability, and demonstrated willingness to assist the Complainant. In this regard, the conduct by the Respondent does not amount to excluding liability for defective goods or services.
- The Commission also noted thatmuch as the Respondent accepted liability, their approach in handling the Complainant’s claim for a refund or a replacement of the items shows that the Respondent has failed to provide effective redress on the matter. It is clear that the Respondent’s conduct was unreasonable and without conscience, and hence unconscionable.
Upon deliberations, the Commission made the following Orders:
- Order the Respondent to refund the Complainant an amount equivalent to the market value of the Canon Camera 5D Mark III within 30 days.
- Order the Respondent to cease and desist from engaging in unconscionable conduct.
- Order the Respondent to undergo a mandatory competition and consumer protection law compliance programme facilitated by the Commission.
- Order the Respondent to review and strengthen their communication and internal complaints handling mechanisms.