A brand-new lemon

Q. Teresa Balein of Quezon City writes: "As we were driving home the new vehicle which was released to us through a loan on Sept. 29, 2001, we observed there was an unusual noise coming from the engine. The unusual engine noise occurred again the following day and was getting louder while the temperature gauge registered an irregular level.

"We immediately brought the unit to the dealer’s authorized service center to be checked. There, we were advised the engine needed to be put down after a service mechanic attended to it. We did not allow it because it might affect the warranty, given that the unit was just three days old. The service mechanic also informed us there was a dent on the back door, which we did not consider checking when the vehicle was released.

"We consulted another professional mechanic, who advised us to request a change of unit, given the time after sale. We went to the dealer’s office and asked for a replacement because we believed the unit was defective, after the check-up, examination and comparisons made with the other units available. But the dealer informed us the unit had to be re-examined and evaluated by their chief mechanic, who will have to make the recommendation to their manager.

"Accompanied by a professional mechanic, we brought back the unit for the chief mechanic to inspect. To our surprise, the chief mechanic did the evaluation without our presence and told us he cannot disclose his findings. Several weeks later, the dealer refused to act on our demand.

"When a customer doesn’t get his money’s worth when buying brand new products and unluckily gets a lemon (just like what we experienced), what can the DTI do to help us and other consumers?"

A . A customer deserves his money’s worth, especially when purchasing brand new products. Consumers or customers are protected from any form of deception in their purchase transaction. Republic Act 7394 or the Consumer Act prohibits deceptive and unfair sales acts or practices by a seller or supplier in connection with a consumer transaction, whether it occurs before, during or after the transaction. Based on the Consumer, an act is "deceptive when it represents that a consumer product is new, original or unused, when, in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state."

Complaints of this nature (i.e. product quality problem, deceptive sales act, unconscionable and misleading sales practices) are being received and acted up by the DTI. Consumers who have had experiences like Ms. Balein may file a complaint against such dealers through the DTI.

We’ll keep our readers posted on the developments of Ms. Balein’s complaint.

(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI Bldg., 361 Sen. Gil Puyat Ave., Makati City. Call us at our consumer hotlines at 896-5740 or 890-4938 or e-mail us at www.e-reklamo.net.ph)