Marycynthia Azuka, a Lagos-based clothes vendor, has been accused of selling a defective gown to a client, costing her N20,000.

On December 7, Azuka delivered a T-shirt and a medium-sized gown to Stephanie Chukwu (not real name) for a combined price of N33,000.

Chukwu said the T-shirt she paid N13,000 for was okay but the gown was too small. She told FIJ she complained to Azuka but the vendor was neither willing to change the item nor refund her money.

“I ordered the items on November 30 and paid in two instalments on the same day and December 1,” Chukwu told FIJ. “She did not say when she would deliver the items, but she did on December 7, when I was not at work.

“My colleague collected the items on my behalf, and I retrieved them on Monday, December 11. When I took them home, I discovered the gown was not my size.

“This was not the first time she was delivering a small size. The last gown I bought from her was small, and I had to give it out for free. This time, I told her about it and begged her not to make the same mistake again. I pleaded with her.”

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She said Azuka stopped taking her calls and messages after she complained.

WhatsApp chat screenshots seen by FIJ show that the vendor failed to respond despite reading the messages.

FCCPA VIOLATION

By failing to address the product’s defect, Azuka’s actions violate the Federal Competition and Consumer Protection Act (FCCPA) 2018.

Part 15 of the act, which deals with consumers’ rights, contains a provision in section 122 that reads: “In addition to the consumer’s right to return unsafe or defective goods under any law or enactment, the consumer may return goods to the supplier and receive a full refund of any consideration paid for those goods if the supplier has delivered—

“(a) goods intended to satisfy a particular purpose communicated to the supplier and within a reasonable time after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose; or

“(b) goods that the consumer did not have an opportunity to examine before delivery, and the consumer has rejected delivery of the goods within a reasonable time after delivery to the consumer for the reason that the goods do not correspond with description, sample or that they are not of the type and quality reasonably contemplated in the sales agreement.”

When FIJ attempted to speak with Azuka on the phone, the call failed to connect. On Tuesday, this newspaper texted her on WhatsApp, but she blocked the number. Our reporter also texted her, and she blocked him as well.

“Oga, go find work,” she said before blocking his number.