A Bloemfontein consumer’s frustration over a R14,999 Hisense Smart TV that couldn’t download Google apps has hit a legal dead end, not because his grievance was deemed invalid, but because he ran out of time. The National Consumer Tribunal (NCT) has refused to hear Leepile Solomon Ntoatsabone’s case, ruling it had prescribed under the strict three-year limit of the Consumer Protection Act (CPA).
Ntoatsabone purchased the 70-inch TV from a Game store in November 2021, believing it would function like a smartphone with full access to Google’s app ecosystem. He claimed this was a key reason for his purchase. However, he soon discovered the TV could not download the promised applications. To make matters worse, by July 2024, he found only Netflix and YouTube worked from a list of 17 apps in the manual; Showmax had also stopped functioning.
A Path of Frustration and Delay
After complaints to the retailer and Hisense failed to yield a resolution, he approached the National Consumer Commission (NCC), which issued a notice of non-referral, stating the facts didn’t justify a remedy under the CPA. Ntoatsabone then sought to take the matter directly to the tribunal.
While Hisense and the NCC did not oppose his application, the tribunal identified a fatal flaw: time. The CPA mandates that a consumer must initiate a complaint within three years of the transaction or the issue arising. Ntoatsabone bought the TV in November 2021 but only pursued formal tribunal action nearly three years later, past the November 2024 deadline.
A Harsh Lesson in Consumer Deadlines
“The tribunal has no jurisdiction to adjudicate this matter,” it stated, explaining that the law imposes an “absolute bar” on outdated complaints. The ruling underscores a critical, often overlooked, aspect of consumer rights: the right to a remedy has a strict expiry date.
For Ntoatsabone, the decision is a bitter end to his quest for a replacement TV or a refund. For other consumers, it serves as a crucial reminder: when a major purchase fails to deliver, documenting the issue and initiating a formal dispute process early is as important as the complaint itself. In the eyes of the law, justice delayed can indeed be justice denied.
