Defective goods can be exchanged more than once

Q. My new cellular phone is defective but the distributor refuses to honor the warranty. What do I do?

A. Just file a written complaint with the nearest DTI office.

Upon receipt of the letter, the DTI will evaluate your complaint. If it is valid, the DTI will send a letter to the distributor where you bought your cellular phone, asking it to comment on your complaint within a certain period.

If the distributor responds, DTI will show you the distributor’s comments and ask you if the comment/s is/are acceptable. If they are not acceptable to you, we will schedule a mediation meeting between you and an officer of the distributor. A mediation meeting will automatically be arranged if the distributor does not respond to your complaint.

There will be three mediation meetings where the DTI will help both you and the distributor reach a settlement. If no settlement is reached, the case is elevated to DTI’s Office of Legal Affairs for formal hearing/arbitration.

Q. Sam Hison of Quezon City called the DTI hotline, asking if he can return a defective product without an official receipt?

A. The official receipt is the best proof of purchase. However, a buyer may still demand replacement or refund if he can prove that a defective item was bought from a certain store. The burden of proof is on the buyer.

In one case, a consumer was able to return the defective item when he showed a copy of a check he used to pay the store in lieu of an official receipt.

Q. Can the store impose the condition that a defective merchandise can be exchanged only once?

A. No, a merchandise can be exchanged as many times as it is defective and the consumer chooses the option of replacement. The purpose of the "no return, no exchange" prohibition in the Consumer Act is to correct the misconception of consumers that they do not have the right to return shoddy or defective goods and demand for remedies in cases of defective or imperfect services.

(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI Bldg., Sen. Gil Puyat Ave., Makati City. DTI’s consumer hotlines are 896-5740 or 890-4932 and www.e-reklamo.net.ph)