News24

BlackBerry users could claim refund

2011-10-13 09:47

Johannesburg - BlackBerry users affected by the recent outage should seek recourse from the National Consumer Commission, Business Day reported on Thursday.

Commissioner Mamodupi Mohlala said consumers would find protection under sections 55, 56 and 61 of the Consumer Protection Act, which provided rights on the quality of goods, and liability for damage caused by goods.

Everyone who was involved in the value chain could be held liable in terms of section 61 of the act.

Some commentators said this might be difficult because the system failure occurred outside South Africa.

BlackBerry traffic is routed through two main centres, in Waterloo for North America, and in Slough, southern England, for Europe, the Middle East and Africa, Business Day continued.

Mohlala said consumers who had bought their BlackBerry handsets after April could return them and demand another brand with an equal value, or a refund because the service promised was not delivered.

The commission had received one complaint so far.

Meanwhile, services appeared to have resumed on Thursday.

According to a statement on BlackBerry's South Africa website the company was working on clearing up the message backlog.

Comment was not immediately available on the company's approach to compensation.

There were around two million BlackBerry handsets in South Africa - around 70% of the local smartphone market.

Comments
  • Cheryl33 - 2011-10-13 11:32

    Haha good luck getting a refund! Besides, 4 days of BlackBerry fees is about R8 if you are an average user with the R60/month package, hardly worth it!

      Amanda Madondo - 2011-10-13 15:28

      we want free R60 for next month for all the days we suffered. not just R 8 NOOO

  • Sebastien - 2011-10-13 11:38

    From the BIS License Agreement: THE BIS IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" AND AT YOUR SOLE RISK, WITHOUT WARRANTY OF ANY KIND BY RIM. RIM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE BIS, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.? "Mohlala said consumers who had bought their BlackBerry handsets after April could return them and demand another brand with an equal value, or a refund because the service promised was not delivered." The service is provided on an "AS AVAILABLE" basis. This CPA does not apply, I think this Mohlala should read the BIS License Agreement before making such remarks and causing businesses and consumers further grief. Blackberry BIS License: http://uk.blackberry.com/legal/bis_la.jsp

  • shaf - 2011-10-13 14:07

    THATS LIFE, THINGS DOESNT ALWAYS GO TO PLAN...THINGS BREAK DOWN...DO YOU THINK YOU LIVE IN A ROBOTIC WORLD? GET OVER IT! (IM A BLACKBERRY USER, AND IM STILL ALIVE)

  • sonofason - 2011-10-13 15:55

    I don't want any compensation, but I would feel better if there is some sort of tangible indication from their side that they are appreciating my business and would like me to stay loyal.

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