Your rights as a consumer explained

onsumers are often unaware or confused about their legal rights and sometimes bear unnecessary costs that could be avoided if they had known the correct course of action to take before transacting with companies and filing complaints.

South Africa has some of the best consumer protection laws in the world, not least the National Credit Act (NCA), the Medical Schemes Act (MSA) and the Consumer Protection Act (CPA), which has done much to level the playing field for consumers since it was introduced in 2011.

But these laws and the rights that come with them are only as good as far as consumers and businesses understand, implement and enforce them.

Since it is World Consumer Rights Day today, it seemed appropriate to home in on some of these rights by turning to consumer rights experts, including several ombudsmen and regulators charged with upholding consumer rights in the country.

Here are some of the consumer rights tips they shared with Consumer Watch. SHOPPING AND

SERVICES

Consumer Goods and Services Ombudsman Neville Melville said the consumer’s right to return faulty goods and services to supermarkets and retailers within six months for a repair, a replacement or a refund, at the choice of the customer, was often a cause for dispute.

“There is a widely held belief that there is a fiveday cooling off period for all goods sold under the Consumer Protection Act. This mistaken understanding of the provisions of the CPA has led to a lot of frustration and strife between suppliers and customers,” Melville said.

“The correct position is that there are various provisions under the CPA that deal with the return of goods, each with a different time frame. The CPA does not create a general right to return goods on a no-questions-asked basis. A mere change of mind is not a sufficient reason to entitle a consumer to return goods.”

However, Melville said the widespread practice of large suppliers permitting consumers to return goods for a refund, exchange or credit note in the interest of good customer relations was so common that customers had come to expect suppliers to let them return goods.

“The National Consumer Tribunal might well rule in the future that suppliers are obliged to warn customers if they do not accept change-of-mind returns.

“It is therefore advisable for suppliers to inform consumers of their returns policy, including permissible timeframes for returning goods,” Melville said.

Neville advised consumers to always check a supplier’s return policy, keep all till slips for big ticket items and photocopy them, keep the packaging of goods bought via direct marketing for which there is a five-day cooling-off period to exchange goods even if they are not faulty, photograph any defects and get the paperwork if you hand goods in for inspection or repair.

Record any defect to avoid disputes later on.

MONEY AND BANKING

Ombudsman for Banking Services Clive Pillay said internet banking fraud, ATMs and Mortgage Finance were the top three dispute categories of complaints lodged at his office. Pillay offered the following tips to help consumers protect themselves and to avoid becoming a victim of fraud.

Familiarise yourself with the Code of Banking Practice which deals with banks’ relationship with their customers. It provides safeguards for customers.

Internet banking fraud is one of the highest dispute