When consumers cannot return damaged goods

Bwanali Yusufu (not real name) bought a roll of electric cable from a shop in Limbe. All was well as the shopkeeper was cheerful while he willingly paid for his purchase. They even cracked some jokes before he left.

But, upon getting home, Yusufu unrolled the cable only to find that part of it was mere insulation with no wire inside. The following day, he returned to the shop to register his dissatisfaction, but the once jovial shop owner refused to refund or replace the cable.

A dejected Yusufu went to police where he was told that the hands of the police are tied on such matters, since it was a trade deal, not a crime.

Yusufu returned to the shop several times to no avail.

Similarly, Chipiliro Mphangamu bought an electrical extension but barely a few hours into use, it sparked and never worked again. When he returned it to the shop the following day, the seller was not cooperative.

Seeing the value of the item and the labourious process of seeking redress, Mphangamu also gave up and went home a bitter user.

These real-life cases are just a few that come out in the open, but there are many more cases that go unreported. Due to ignorance, most consumers in such situations give up when shop owners are uncooperative.

But Consumers Association of Malawi (Cama) executive director John Kapito says the Consumer Protection Act (CPA) of 2003 was passed to ensure that consumers are protected from such scenarios.

“Every consumer has a right to return a product and get a refund, a replacement or a free repair provided it is done within a specified period. However, this is only applicable if the product is still in its original form and the consumer has not tampered with it such as trying to repair it,” says Kapito.

Although the law is clear, Kapito says Cama still finds pockets of resistance from some traders who do not comply with this requirement of the CPA. He adds that sadly, some consumers find themselves falling victim to such practices and due to ignorance and, like Mphangamu and Yusufu, they just give up.

“The problem is most consumers do not know their rights and they only search for the law when they have already been infringed upon. Consumers need to listen to the messages we disseminate through the media because if they know their rights, they cannot be trampled upon. Unscrupulous traders take advantage of such ignorance,” Kapito explains.

Interestingly, while some consumers accepted being shortchanged, Kapito says as Cama they have never failed on any case in which they have advocated a consumer’s replacement, repair or refund. This, he says, simply shows that if the facts surrounding the complaint are truthful, consumers can win the fight for their rights.

He encourages consumers to buy from traders of repute who offer clear warranties and guarantees which include a period that the product will be used without defect and the assurance that one is buying a quality product.

But how do these substandard products find themselves in shops when there is Malawi Bureau of Standards (MBS) to oversee such issues?

MBS director general Davlin Chokazinga says most substandard products are smuggled into the country.

“We check at designated entry points such as borders to verify quality performance of what is coming into the country. We suspect that the items being referred to are being smuggled into Malawi by trans-border traders and then sold to shops for resell. In this case, we may not be able to locate these until a complaint is deposited,” says Chokazinga.

On where the consumers should buy from, Chokazinga concurs with Kapito in calling on consumers to avoid dubious traders.

“Our plea is that consumers should desist from purchasing dubious products that are extremely cheap compared to products of similar performance characteristics. Through this, dubious traders will have no market,” warns Chokazinga.

Besides Cama and MBS, the Competition and Fair Trading Commission (CFTC) was established in 1998, also to protect consumers. Section 43(b) of the Competition and Fair Trading Act says:“…a person shall not, in relation to a consumer, exclude liability for defective goods.”

But one Asian trader from Limbe who spoke on condition of anonymity says the problem is that they are just middlemen and they also face the same problems with manufacturers from abroad where they buy their wares.

“Imagine, I go to Dubai to get 800 units of DVD players, so it is impossible to test them all. And if I come here and there is a problem, I am also not assisted, so it’s hard for me to take the blame. I am just a middleman, not a manufacturer,” he says.

CFTC’s Lewis Kulisewa says Malawi has adequate legal framework to protect consumers.

“They only need to report any violation to the CFTC to ensure the case is investigated and proper remedies are accorded to the injured party.

To sum up the various mechanisms in place to ensure consumer protection, the parent Ministry of Industry and Trade too takes a stand in the fight for consumer rights.

“The ministry, through the CFTC, has a dedicated column in the print media that it uses to disseminate such information and also does so via the trade fair, radio, television and various media campaigns. In addition, we also carry out joint inspections where issues of consumers’ rights are disseminated not only to consumers but traders as well,” says the ministry spokesperson Wiskes Nkombezi.

With the above mechanisms in place, the issue of consumer rights being trampled upon should be a thing of the past provided the consumers are being truthful and knowledgeable in their grievances.