Drama of NO REFUND POLICY
(Barr. Ojulari and Mr. Mellow had arrived safely to Nigeria. They are in a shopping hall selecting the items they want to buy. Barr. Ojulari is busy selecting the items of his choice while Mr. Mellow is moving the shopping cart towards the Cashier)
MR. MELLOW: (to the Cashier) Kindly check these goods and let me know my bill.
CASHIER: OK Sir, (he glanced through the items in the cart) your bill is #724,000
MR. MELLOW: Okay! Kindly make the payment with my ATM card. (He gives his ATM Card to the Cashier)
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(MR MELLOW discovered that he had paid for four packs of Bosca Toselli non alcoholic wine instead of two packs that he wants to buy)
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MR. MELLOW: Excuse me madam, I have just paid for four packs of Bosca Toselli non alcoholic wine instead of two that I intend to buy, would you please refund me my money?
CASHIER: I am sorry Sir, but we are operating NO REFUND POLICY here, I can just advise you to take it like that or substitute it for another goods that you may need.
MR. MELLOW: But this is unfair, I bought goods that worth over #700,000, how much is #68,000 that you won’t be able to refund?
(BARR OJULARI walks to scene with shopping cart that is fully loaded with TextBooks and Beverages)
BARR. OJULARI: Hello o, what is going on here professor Alhaji?
MR. MELLOW: I have paid for four packs of Bosca Toselli non alcoholic wine instead of two, she is just informing me that she can’t refund my money back to me because they operate NO REFUND POLICY here.
BARR. OJULARI: (Smiling as scourging as a sun shine after a rainfall) Is it true that you can not refund money for the paid goods here?
CASHIER : Yes sir, it is a standing order, we have written it on every open space on our shopping mall here.
MR. MELLOW: No problem, Barrister , pay for your items and let’s get out of here!
BARR. OJULARI: Indeed, there is a problem! We must meet the Manager, kindly show us his office madam.
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(They enter the office quickly get on their sit after the Cashier shows the Manager’s office to them)
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BARR. OJULARI: Good day Mr. Manager. Your Cashier said that you operate NO REFUND POLICY here, but we want refund for our goods, that is why we are here.
MANAGER: Since you have seen the notice before entering and you still decided to shop with us, it means you have agreed to abide by our policy. We don’t refund money once the payment as been made
BARR. OJULARI: Really? It seems you and all the employees take this policy seriously
MANAGER: You have no choice after you paid than to take your goods home, the favour I can do for you is to help you to change the excess goods for another items that you may like.
BARR. OJULARI: OK, what if I tell you that NO REFUND POLICY that you are operating here is illegal, and inconsistent with the law?
MANAGER: (looks tensed) Oh no! Is that a threat?
BARR. OJULARI: I am just being kind to you by drawing your attention to the position of the law, honestly .
MANAGER: Really?
BARR. OJULARI: Hug! Kindly be informed that this policy can allow us to put you into a big trouble if you insist to refund our money to us, because the extant law that governs our right as consumers is supreme to your policy[1]
MANAGER: Haha! I have never heard anything like this in my life
MR. MELLOW: And now you have heard about it, meanwhile “Ignorantia Jurisdiction non excusat” ignorance of the law is no excuse [2].
BARR. OJULARI: Professor Alhaji! Good of you. Thanks for giving us a hint, we are very grateful sir.
MR. MELLOW: It’s my pleasure! (Both him and his burst into a heavy laughter)
BARR. OJULARI: Mr. Manager, A person has a right to return any goods that he feels unsafe for him and receive a full refund from the seller [3]
MANAGER : (thinking in his mind) What kind of bad customers are these?
BARR OJULARI: So if you still want to maintain your NO REFUND POLICY order, that is not a problem, we can take every measure prescribed by the law to claim our right and it won’t speak well of you.
MR. MELLOW: Please tell him!
BARR OJULARI: We can instutue a court action against you and expose you to the rigour of litigation to seek redress, it will surprise you when you are ordered by the Court to pay us up to #500,000 in damages as compensation [4] and still have to refund our our money.
MANAGER: Ha! Really?
BARR OJULARI: We can also complain your illegal policy to Federal Competition and Consumer Protection Commission (FCCPC) [5]
MANAGER: A federal Commission?
BARR OJULARI: In fact, it is as serious as you can never imagine, because it may make you liable to imprisonment of five years or a fine of 10 million if this mall is owned by one natural person [6]
MR MELLOW: Yes o, five years imprisonment with hard labour!
MANAGER: Ah! Ah!
BARR OJULARI: And if this shopping mall is owned by a corporate body, your organization will be liable to 100 million naira fine or you forfeit 10% of your next year turnover to the government, or whatever is higher between the two [7]
MANAGER: Because of how much?
BARR OJULARI: You have not gotten the full hint, each of your directors will also be liable to five years imprisonment or 10 million Naira fine individually [8]. All this depends on how we handle the matter with you, but you will always be the one to loose.
MR MELLOW: would you please enjoy your ice-cream before it melts? Make you decision now that you have choice, Refund, Imprisonment, Fine or Damages which option will you choose now?
MANAGER: Refund! Let me refund the money to you please, but please sir, may I know you better?
BARR OJULARI: My name is Ojulari Oreodenu Esquire, Principal Counsel at Ojulari’s Chambers
MANAGER: So, you are a lawyer? I tender my apology on behalf of I and my shopping mall sir.
BARR OJULARI: No problem!
(The money was refunded back to Mr. Mellow’s bank account and they both leave the Manager’s office).
REFERENCES
[1]. Section 122 of Federal Competition and Consumers Protection Act, 2018
[2] Section 22 of the Criminal Code Act, See also Section Section 43 of the Penal Code Act
[3] Section 122 of Federal Competition and Consumers Protection Act, 2018
[4] Patrick V. Peace Mass Transit (unreported) Suit No: E/514/2021
[5] Section 148 of Federal Competition and Consumers Protection Act, 2018
[6] Section 155 (a) of Federal Competition and Consumers Protection Act, 2018
[7] Section 155 (b) of Federal Competition and Consumers Protection Act, 2018
[8] Section 155 (c) of Federal Competition and Consumers Protection Act, 2018
ABDULRAUF Abdullahi Adebayo is a Law student, a Certified Teacher and a Writer. He can be reached via 09034904883 and [email protected]
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