Such a bad day for me....
This morning was the hearing of my complaint filed with DTI against Du Ek Sam. Last May 19, 2009 we bought, through financing, Honda Wave 100R (2nd hand, reconditioned) from DES. It was perfect for my son and still looked new with changed punky exhaust pipe. We were told that the only thing needed to be replaced was the battery (cannot use the electronic start yet, only the kick start). We bragged that it was heaven sent and that it was meant to be ours because the timing was in our favor. There wasnt a brand new unit that time; thus we decided to get the reconditioned one. We were just elated!
However, after barely 8 days of use, the motorcyle bugged down. It will no longer start! So we went back to DES on May 27th. According to the mechanic, the stator coil has worn out. We requested then to the management to return the reconditioned unit and get a brand new same model instead. That time then, they already had supply of brand new Wave 100R's. I was told by the lady employee that I have to add P500.00 to my down payment. I said, no problem; I already had the money in my pocket. Apparently, the top management, has another decision. Of the P4k I gave as down payment, I can only get back half of it; the P2k as payment for processing my papers with the Register of Deeds. But, according (again) to the lady employee, my papers are still with the lawyer for notarization then. Thus, what was his justification for keeping my P2k?
Anyway, to make the long story short, DES management will NOT return my P2k. He said it wasnt even enough to settle the expenses they incurred... (now in addition to the Register of Deeds processing), including registration of the motorcycle, the "effort" incidental to processing my papers.. blah blah blah. Ha? I didnt hear that before? They cannot return my P2k because of company policy...forfeiting return of down payment... (that only the management knows?... the employees are not aware of?
Didnt they know about the Consumer Act or Articles 1561 and 1562 of the New Civil Code? There was a hidden defect! A worned out stator coil can be detected by a mechanic! How could we worn it out; after just barely 8 days of using the reconditioned motorcycle? It is supposed to be their responsibility to check the motorcycle and put it back to good condition. I should be paid back the total P4k I gave as down payment.
Yes, it is just P2k, why should I resort to filling a complaint?.. or perhaps (I still have to think a million times if I should) file a civil case against DES? I would want to see their company policy in print form. I hate entrepreneurs who just demand from consumers that "sorry, it is our company policy," that not even the front employees are aware of.
My son was really disappointed.... and so am I.
We have to save for another down payment... but this time, it has to be brand new and no longer from Du Ek Sam.
