Problems not solved overnight - Consumer body

Problems not solved overnight – Consumer body

Nov 28, 2013 News

The Competition and Consumer Affairs Commission (CCAC), though tasked with attending to complaints of consumers, has maintained that such ‘problem solving’ does not take place overnight.
According to Economist attached to the Commission, Haroon Khan, the process includes investigation as well as a judicative process; both of which can only be efficiently completed with the passage of time.
Khan said that upon receiving a complaint from a customer, the Commission is first tasked with carrying out the investigative process, which involves executing the due diligence that is necessary to ascertain the accuracy of the complaint.
He said that in such cases, an objective and independent assessment needs to be made and the evidence put forward by the complainant examined.
Khan used the example of one of the most commonly received complaints; that of an enterprise’s failure to replace, repair or provide a full refund for a commodity, in the event it proves to be defective; in harmony with Section 22 of the Consumer Affairs Act (CAA).
“We have to carry out our own investigation to determine objectively if there was a defect,” Khan explained.
He said that upon concluding that there was indeed a defect, the formal phase of the investigation begins, whereby a written notice is dispatched to the enterprise informing them of the contravention of the Act and providing of the opportunity to appear before the Commission to counter the complaint lodged.
According to Khan, this is the “time consuming” stage as the enterprise is given a 15-day period to respond.
“Failure to adhere to the request to be present will be met with a summons to appear. Failure again to respond to the summons is followed up by a request for justification of non appearance. Failure to provide a justification resorts to a fine,” he explained.
During this lengthy process however, the opportunity is still afforded to the respondent (enterprise) to adhere to the law that was breached; to provide a replacement, repair or a refund. Failure to comply however would lead to yet another stage – the judicative process.
Khan explained that here is where the evidence gathered from the investigative process is placed before the Board of Commissioners and the way forward is decided upon based on what is presented.
“They will judge objectively and make a ruling in relation to the law. They can agree that sufficient investigation took place and the product is indeed defective; and the respondent did not adhere to the law that was provided. They can then enact the law which would sanction the respondent to replace, repair or provide a refund.”
Khan said that while the Commission’s aim is to solve the complaint brought, the process allows for both parties to receive an objective state of representation.
“It is a due process that is transparent and objective,” he said.
This reaffirms their commitment not only to protecting consumers in relation to the law but also to advising businesses of the benefits that will be derived from application of the measures set out in the Act.
“It has been proven that if the Consumer Affairs Act is applied by businesses, their profit levels will increase; but not only that, service improves, customers increase and a sense of good will dominate the market. In turn, it benefits the entire economy.”
In light of the upcoming ‘Christmas season’, the Commission has been working to alert both consumers and enterprises of their respective roles when it comes to shopping.

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