It is not an exaggeration to say that not a few shop owners across markets in the country often insist that goods sold to customers are not returnable.
The foregoing no doubt is a common stance taken by sellers in many shops in Nigeria, mostly in the cities, particularly in Lagos State.
Despite the unfriendly stance, it seems consumers never had the courage to question it.
Words like “Buyer Remorse”, and “Warranty” (or Guarantee) are scarce in Nigeria’s shops, and businesses.
Consumers take or leave whatever is presented before them because there is little room for consumer choice or consumer protection.
“Why should this be so?” “Is it that the goods purchased are so good that there will be no need to return them or rather that the goods are so poorly made that the seller is only interested in pushing them to the consumer?” “Where is consumer protection in Nigeria? Is Nigeria a where the customer or consumer is no king or at least has no rights?” The foregoing are the nagging questions that usually agitate the minds of consumers whenever they find themselves in a situation where sellers impose a “No Refunds Policy” on them.
An overview of what Nigerian consumers face will be helpful here.
There are still products in the markets that are not properly labeled. It is either the language is not English, or if it is, it may be bad English (grammar). The label may say one thing while the contents of the product may be different.
The product and its content may not have been hygienically handled. There are times when the product is damaged at the point of purchase, but being sold probably at the price of one that is not damaged.
What about product standards? There are electronic and electrical gadgets across markets that are meant for countries with 110 volts, or have plugs that are not compatible with sockets in homes and offices.
For these products, one has to purchase a step-up stabiliser or an electric adaptor all at the consumer’s expense. We cannot talk of food standards.
Go to our markets, all our tomatoes, pepper, and food ingredients are on the floor or in the mud, or sand, covered with dust, and flies.
What about consumer protection in service delivery? There are businesses in Nigeria that have service packages that do not meet customers’ needs at all, yet they are in business. What about those universities and schools which have no access points for the disabled who are also service consumers?
Analysed from the foregoing backdrop, it is not surprising that the leadership of the Lagos State Consumer Protection Agency (LASCOPA) a few weeks ago pledged to stop companies’ no-refund policy, particularly as usually indicated in their products’ sales receipts.
Mr. Afolabi Solebo, the General Manager of Lagos State Consumer Protection Agency (LASCOPA), said that such a policy violated consumer rights.
Solebo made the disclosure at a media parley that LASCOPA was established to provide consumer protection, create sustainable confidence in consumers, and ensure that they get value for their money, and assured that the agency had zero tolerance for breach of consumer rights in Lagos State.
According to him, the era of a no-refund policy on consumer goods which prevents the return of counterfeit or unsatisfactory products is over in the state.
“It is unfortunate that in this clime, we are still used to sellers telling us or writing at the back or tail end of their receipts that goods bought cannot be returned.
“I will quickly make reference to a judgment of the Enugu State High Court around April 2022 when a passenger that bought a ticket to board a vehicle was no longer interested in the journey.
He asked for a refund but the company refused to pay him,’’ he said.
Solebo narrated that the passenger went to court and secured a judgment based on Section 120 of the Federal Competition and Consumer Protection Act, which had to do with cancellations.
“The judgment says that you can actually make a booking, be it hotel or transportation, and if you are not satisfied or if you don’t want to go ahead with the agreement or reservation or booking, you have the right to cancel it.
“It is just like making an order through Jiji and if you are not satisfied with it, you have the right to return it,” he said.
Solebo described Lagos as a cosmopolitan state and the commercial nerve center of Nigeria and Sub-Saharan Africa with an estimated population of 24 million people.
He said that the state recorded an influx of traders and business activities which led to daily violation of consumer rights manifesting in sales of substandard and unwholesome goods, and said the practice must stop.
He reiterated the agency’s determination to deal with all issues regarding consumer rights. According to him, the agency covers areas such as foods and beverages, banking and finances, insurance, and online transactions, and advised consumers to seek the agency’s intervention in cases of infringement on their rights.
Against the foregoing backdrop, it is expedient to say that many organisations claim to operate a ‘No Refunds Policy’, meaning consumers cannot get a refund for unsatisfactory products or services.
But, according to Solebo, this amounts to extortion. “There is nothing like no refunds policy in the law. It’s very unfortunate that in this clime, we are so used to people telling us or writing at the back or tail end of their receipt that goods bought should not be returned and they will not give a refund.
“There is nothing like no refund policy, and I’ll quickly make reference to a decision of the Enugu State High Court around April this year, about someone who bought a ticket to board a vehicle and was no longer interested in the journey. He asked for a refund, but the company refused to pay.
He went to court and the court gave judgment based on Section 120 of the Federal Competition and Consumer Protection Act, which has to do with the cancellation.
Unarguably lending voice to the issue, Mr. Desmond Eze, an importer, said consumer bodies should also advocate for the enforcement of “Warranty Policy” by sellers, saying that such advocacy will go a long way in protecting consumers from buying substandard goods.
As gathered, “A warranty is a type of guarantee that a manufacturer or similar party makes regarding the condition of its product.
“It also refers to the terms and situations in which repairs or exchanges will be made if the product does not function as originally described or intended”.
