House & Home
Defective mattress - refusal to retund purchase

I am a pensioner. On 7th February 2012 I bought a new mattress for my grandson's room for R2000 rand.
It was delivered and my grandson used it whenever he stayed with us. Recently however we had an adult guest staying overnight and he showed us how the mattress had collapsed in the middle and was unusable.as a proper mattress. I immediately (Sept 2013) contacted HOUSE and Home to come and inspect and refund the price.. In spite of promises nobody has been to inspect the mattress. The Manager D Govender has refused to refund the purchase price, instead saying as the mattress was under a 7 year warranty i could pay in R540 and get a replacement from the same supplier who had made the original defective mattress!!!
I pointed out that as the mattress was latently defective I was entitled under the common law to cancel the contract and recover the price. I also advised him that the Consumer Protection act had not abolished the common law remedy for latent defects. He still refused so I served a written demand on him in terms of the Small Claims court. Act giving him 14 days to comply. He refused to sign as having received the written demand and i am still waiting for relief!!!

Company: House & Home
Country: South Africa
City: Westville

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