I took my car for service and they picked up that the car has a radiator problem, then I placed an order for parts and paid a deposit of r4000 on the 11th of march then on the 14th of march I got a call saying that that they havent got the parts and I decided to cancel the order because it was taking too long, signed an indemnity form for refund on the 16th and sent it back on the 17th, then yesterday I got a call saying that they will not refund me, while the fault is on their side, the car is not moving so I had to make other plans and I feel that they are taking advantage because I am a disable female, what am I supposed to do now, I need my money back. Reg no: jl79cngp
Claimed loss: car parts refund
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I hope this email finds you well.
My name is Philile Miya, and I placed an order for parts with your dealership, Kia Motors, in Vereeniging. I am writing to formally request the immediate processing of my refund for the amount of R4,000 for the parts I had ordered, which have not yet arrived. Despite my clear and timely cancellation of this order, I have been informed that my request for a refund is being denied. This is in direct violation of my rights as a consumer under South African law.
As you are likely aware, South Africa's Consumer Protection Act, No. 68 of 2008 (CPA) provides robust protections for consumers, including the right to cancel orders and request refunds in cases where goods have not been delivered. Specifically:
1. Section 17 of the CPA allows consumers the right to cancel any advance reservation, order, or agreement for goods or services within a reasonable period, and the supplier is required to refund any amounts paid without undue delay.
2. Section 20 of the CPA stipulates that consumers are entitled to goods that conform to the standards of quality, performance, and durability expected. In cases where these goods are not delivered or are defective, the consumer has the right to return them and receive a full refund.
3. Additionally, according to the South African Ombudsman's policies, consumers are protected in circumstances where services or products are not delivered as promised or are not received within a reasonable period. The Ombudsman also encourages consumers to escalate unresolved complaints to them for further action if suppliers do not adhere to the Act.
Given that I have canceled my order and requested a refund in line with these provisions, I expect Kia Motors to honor the refund process in compliance with the Consumer Protection Act. Your refusal to process this refund is not only an inconvenience but also a breach of my statutory rights as a consumer.
I would like to remind you that the Ombudsman for Consumer Goods and Services can intervene in such matters if they are not resolved in a timely and fair manner. I trust that Kia Motors values its customers and complies with the relevant consumer protection laws. Therefore, I respectfully request that you process my refund of R4,000 immediately.
Should this matter not be resolved within 7 calendar days, I will be left with no alternative but to lodge a formal complaint with the National Consumer Commission (NCC) and the Ombudsman, as well as consider legal action to recover the funds and any further damages resulting from this issue.
I look forward to your prompt response confirming that my refund will be processed.