If you are based in the Western Cape:
Step 1: write to the supplier and explain your unhappiness in detail. Show the calculation of the amount you’re claiming and demand that it be paid to you within 7 days, and say otherwise you will report the supplier on social media and to the National Consumer Tribunal who can fine them up to R1 million. Give your bank account details for the payment. Keep a record of this email.
Step 2: if the supplier didn’t pay you by the deadline, post a review of the supplier on www.hellopeter.co.za – only say things you can prove so you don’t get sued for defaming the supplier. Complete the complaint form for the National Consumer Commission at http://www.edutrain.co.za/wp-content/uploads/2011/11/S-NCC-Complaint-Form-2011.pdf and email it to complaints@thencc.org.za complaints@thencc.org.za and copy the supplier on the email.
Step 3: if the supplier has still not paid you back after a month, contact the case officer at the National Consumer Commission and demand a Notice of Non-referral. If you don’t know who your case officer is, email Edward Jimla at E.Jimla@thencc.org.za and find that out from him.
Step 4: Apply to the National Consumer Tribunal within 20 days from getting the Notice of Non-referral. You can find the forms at https://www.thenct.org.za/filing-guidelines/rules/ This step may require a consumer lawyer to help you. The Tribunal can also impose a fine of up to R1 million on a supplier who refuses to refund a consumer and so breaches the Consumer Protection Act.
As you can see this is quite a complicated process. This will change once we have a Western Cape Consumer Court- we understand from the Premier that such a consumer court is in the process of being set up and, as consumer attorneys, we can’t wait!
If you are based in another province:
Find out whether your provincial government has set up a consumer court (often called a “consumer affairs court”) by searching online “consumer court provincial government” and insert your province name e.g. Northern Cape or Gauteng etc. Contact them according to the instructions on the provincial government website.