Consumer Protection
Submitted by Anonymous on Tue, 11/24/2009 - 19:02
Last December my wife bought a stationary, exercise bike from a sports store XXXX. It cost $430 and she bought it for me to use because my leg muscles had atrophied as a result of a lengthy stay in hospital and I was too weak to walk.
By April the bike was not working properly and by July it had ceased to be of any use at all.
I phoned the store and a technician came out with a replacement electrical component but it failed to correct the fault. In August the technician took the bike back to the store and told me that he would ring when another part arrived from the States.
He rang on November 21st to inform me that they were unable to get the faulty part, as it was no longer made. They were willing however to sell me another bike at cost price.
Surely I should either have my money refunded or be given a replacement.
I did not start to use the bike until February and then only lightly – ten minutes a day. It lasted two months before it started to deteriorate and within five months it was irreparably damaged.
Do we have any kind of consumer protection law here? I feel totally cheated. The store has lost nothing (except my future custom) and I have had to bear the whole brunt of the financial loss.
Any advice please?
Email this pageLatest Classifieds
- Condo for rent
- George Town Landfill to close early
- Grand Court Juror Report Date Changed
- Government Schools Begin Registration
- Church Street Closed to All Vehicular Traffic
- On Sales : Samsung Galaxy SIV / Apple iPhone 5 64GB
- Sales On: Apple iPhone 5 32GB, Samsung I9300 Galaxy S III / Galaxy S4 Buy 2 get 1 free
- Affordable South Side Home for Sale
- house for rent
- car for sale
Comment Policy
The comments posted do not necessarily reflect the views of CNS or any individual staff member. All comments are posted subject to approval by CNS. Read more
Recent Comments
- Yes, we are the noisy
7 min 57 sec ago - Your mind is so warp, what
9 min 34 sec ago - Anon 1055 I take this as an
10 min 23 sec ago - You still trying bull shit
14 min 17 sec ago - It is no coincidence that the
15 min 22 sec ago - I feel a warm wind of change
24 min 49 sec ago - Someone who did not know
27 min 22 sec ago - The New Government we VOTE
28 min 51 sec ago - Well apparently Chewbacca
32 min 49 sec ago - PHD is not a very high degree
34 min 29 sec ago
Search
Follow CNS via ...
Facebook Twitter RSS
Comments
3 robberies in less than 1 month landlord vs deposit
the property were i am living was robbery 3 times in the last month. the landlord dont want to give us back our deposit caliming hat we sign a 1 year lease... what can we do in this case ????
I am the original poster. I
I am the original poster. I have just had a phone call from the store in question and I am getting a new, upgraded bike and it will cost me nothing. My thanks to the store for doing the right thing.
"Consumer Protection" Wha dat
"Consumer Protection"
Wha dat is?...we doh ebin hawe Human rights protections ya!...de gobment say we doh need dat!
On a serous note; you're absolutely right in that the store should either refund your money or provide a replacement free of cost. However, it's not likely to happen...and there's no indication that Govt. sees such things as important.
Hope the store may see fit to do the right thing.
Consumer court, small Claims, Yes
There are many cases that could be heard in court. If consumer issues are not included in the constitution then we will have to see about that. In the meantime take the store to court and let the Judge work it out. Its a civil claim against the store. If the Judge is a just judge and not crooked I am sure he will rule in your favor ordering the store owners to replace the bike or refund you in total, not a partial refund but a full refund. Ths is a small claims matter. go for it.
You can establish your case on the basis that you as a patient in need of such therapeutic equipment had purchased the bike to improve your condition of health. Had you not gone to that particular store to purchase the bike, you would not be experiencing the inconvenience of not having a bike that works. therefore this is a hindrance to the improvement of your health.
The store took your money on the terms and conditions (written or not) that
you would in turn receive a bike that works. this did not happen. You did what was required in notifying the store that the bike was not working any longer nor serving your purpose. the store owner was unable to resolve the problem and at that point should have refunded your monies paid out to themfor the bike.
Based on the preponderance of evidence, this should be an open and shut case:-
The store sold you a bike that was faulty and was not able to fix it.
The store did not replace the bike as they should have.
The store should have refunded you your payment in full for the bike.
Had you not visited that store you would not have been suffering these consequences.
You have the right to file a claim in small claims court demanding the full amount for the bike that you paid to the store.
Why? Because the store is responsibe, and liable for all of the accounts that took place.
Go for it.
Bravo Store? Bravo Cayman News Service and their Contriutors!
We are happy that the disgruntled customer was compensated with a new
bike from the local store in Cayman.
The customer is praising the store, I beg to differ, you should be praising those that gave you good advice in this forum, at least one of them offered you free legal advice and I'm certain that the store owners saw that advice given you by Cayman News Service Contributors. They no doubt got scared, they were put under public pressure and fear of being sued, not necessarily a good will deed done by them as you supose. They were taking advantage of you, until this forum came to your rescue so in the future give thanks to the right people mame or sir whoever you are.
Post new comment