TV defective: Consumer abuse (2013114151) [2014] ZACGSO 8 (1 April 2014)
- Citation
- [2014] ZACGSO 8
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Consumer Goods and Services Ombud
- Panel
- Bonita Hughes
- Case number
- 2013114151
More details
- Court
- Consumer Goods and Services Ombud
- Panel
- Bonita Hughes
- Case number
- 2013114151
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The adjudicator found, on a balance of probabilities, that the TV was damaged due to customer negligence. This conclusion was supported by both the manufacturer's repair report and an independent inspection report indicating physical damage. As the damage resulted from customer abuse, Section 56 of the Consumer Protection Act and the terms of the extended warranty do not oblige the supplier to repair, replace, or refund the TV. There is no legal basis for the applicant's claim.
Court disposition
Complaint dismissed. No relief granted to the applicant.
Orders
- The supplier is not required to repair, replace, or refund the TV.
02
Material facts
Parties
Consumer
ApplicantSupplier Store
RespondentAmounts and remedies
- Extended Warranty Cost: ZAR 759
03
Procedural history
Posture
Consumer Complaint / Adjudication
04
Questions and positions
Legal issues
- 01
Whether the TV was damaged due to customer negligence or a manufacturing defect.
- 02
Whether the supplier is legally obliged to repair, replace, or refund the TV under the Consumer Protection Act and the extended warranty.
Party arguments
- Applicant
- The applicant contended that the TV broke due to no fault of their own and sought a refund from the supplier, relying on the extended warranty and statutory consumer rights.
- Respondent
- The supplier argued that the TV was damaged due to customer neglect, supported by a manufacturer repair report, and denied any obligation to repair, replace, or refund the TV under the warranty or the Consumer Protection Act.
05
Court’s reasoning
Legal principles
- 01
Section 56, Consumer Protection Act
Goods altered contrary to instructions or damaged due to customer negligence are excluded from warranty and statutory replacement or repair rights.
06
Ratio, limits and disposition
Ratio decidendi
The adjudicator found, on a balance of probabilities, that the TV was damaged due to customer negligence. This conclusion was supported by both the manufacturer's repair report and an independent inspection report indicating physical damage. As the damage resulted from customer abuse, Section 56 of the Consumer Protection Act and the terms of the extended warranty do not oblige the supplier to repair, replace, or refund the TV. There is no legal basis for the applicant's claim.
Obiter and limits
- Independent expert inspection is a useful tool in resolving factual disputes regarding alleged product defects.
- Consumers should be aware that warranties do not cover damage resulting from their own actions.
Court disposition
Complaint dismissed. No relief granted to the applicant.
- The supplier is not required to repair, replace, or refund the TV.
Source and reliance status
Consumer Goods and Services Ombud
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Consumer Goods and Services Ombud
Judgment
Goods damaged after delivery (TV)
TV defective: Consumer abuse
Complaint ref :
2013114151
Adjudicator :
Bonita Hughes
Date :
01 April 2014
1. Summary of your complaint
In 2012 you purchased a TV from the supplier . You also paid R759.00 for an extended warranty.
The TV had horizontal lines running across the screen and you reported it to the store.
The store advised that you damaged the TV and is not prepared to repair the TV.
You would like the store to refund you.
2. Summary of the supplier’s response
The supplier advised that the item was declared faulty due to customer neglect and therefore cannot repair or replace the TV.
3. Assessment
We have considered all the evidence presented by both you and the supplier and advise as follows:
You state that the TV broke due to no fault of yours. The supplier however advised that the defect is as a result of customer abuse.
In light of the above, it appears that there is a dispute of fact between your version of events and that of the supplier.
On the one hand you claim that the TV broke due to no fault of yours. On the other hand the supplier claims that the defect is as a result of customer neglect.
In trying to reach a decision in cases where there is clearly a dispute of fact we need to look at all the evidence in support of each version and weigh this up against each other to establish which is correct, alternatively which is more probable.
The supplier provided our office with a repair report from the manufacturer. In terms of this report TV was damaged due to customer abuse.
Our office however decided to get the TV inspected by an independent third party who specialises in damaged TV’s. The TV was
inspected by Joe Berinato from ItalVideo. ItalVideo provided our office with a report, kindly see attached report. In terms of this report the TV had physical damage.
4. Conclusion
On a balance of probabilities we can therefore conclude that the TV was damaged due to some sort of customer negligence.
In terms of Section 56 of the Consumer Protection Act one cannot claim to have the TV replaced or repaired as the goods have been altered contrary to the instructions. The warranty also does not cover goods if they were damaged due to a customer’s own fault.
There is thus no legal basis upon which we can instruct the supplier store to repair / replace or refund you for the TV.
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