40 replies to this topic Post Order

[Sammajoor]

Good morning all,
I need urgent legal advice, I work for a big company in SA, they provide me free housing.
I have had intermittent problems with the power tripping and then leaving me without power.
I was told that this was my fridge tripping the earth leakage and that I needed to replace my motor or compressor.
After it happening numerous times, the electrician opened the DB, only to find that water was dripping on the wires and circuit breakers from the flat upstairs.
According to housing this was then fixed and I had nothing to fear.
When I returned to the flat after Christmas, my power had tripped again and I had to throw away about R2500 food that had gone rotten.

When I brought this to the attention of the housing office, I was told that they would give me another flat, and would immediately get the contractor to come and fix his sloppy work. BUT they would not reimburse me for my loss as I had signed a paper negating them from any liability.

As I understand it, after 1 April 2011, when the consumer protection act started, it was done to protect the consumer from unscrupulous suppliers and land lords.

Do I have a legal recourse or am I barking at the wind?

[Delgado]

There is always legal recourse if one can prove negligence under the common law....however I think you will only land buying expensive lunch for lawyers.

[chickenrun4me]

The short answer is that a lawyer will set you back more than R2.5K.

[Lotus]

Doesn't your household contents insurance cover this?

[geecee]

as far as i know you would only have recourse if said deal was signed after the new policy was signed in

[Mojoman]

Can you not go to small claims with something like this?

[Tumbleweed]

As you're not paying the contractor yourself, you personally have no recourse under the CPA.

[Sandro]

Lotus is right, it might be covered under your household contents insurance. A lawyer is gonna cost you a fortune. Last thing I would do because you gonna have to pay them even if they don't get your money back

[DawieO]

Hardly worth the effort for R2500.

[koukie]

CPA goodluck with that one. I used a attorney a while back to help me with a CPA related case, in the end it just cost me more money. I would have won my case in the end but not after I have spend thousends of rands which I dont have.

Edited by koukie, 02 February 2012 - 08:29 .

[Tumbleweed]

koukie, on 02 February 2012 - 08:28 , said:

CPA goodluck with that one. I used a attorney a while back to help me with a CPA related case, in the end it just cost me more money. I would have won my case in the end but not after I have spend thousends of rands which I dont have.

I am not convinced about the effectiveness of the CPA. Too many gaps in the legislation.

[Sammajoor]

I am attaching photos as to how they fixed the problem, They used a piece of conduit to channel the water away from the circuit breakers.
I earn a pittance to what I used to and cannot afford short term insurance, all that is insured is my Ranger.

Attached Images

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[Sammajoor]

DawieO, on 02 February 2012 - 08:28 , said:

Hardly worth the effort for R2500.

If you only earn R 13000 a month it is a lot of money

[DawieO]

should have completed my sentence with "...taking into account what legal fees will be." Didn't mean for my post to sound condescending at all.

[Mojoman]

I am pretty sure the electrical contractors board (or whoever is the governing body) would love to see that picture! Someone should certainly be liable for that.

[manbearpig]

2.5k in your fridge. I'd say lesson learned. Next time eat all your caviaar and truffles before you go on holiday.