Bloemfontein man takes Hisense to consumer tribunal over TV’s failure to download Google apps
A Bloemfontein man’s attempt to pursue a consumer complaint against electronics manufacturer Hisense has been rejected by the National Consumer Tribunal (NCT) after it found that his case had prescribed and could no longer be heard.
The tribunal refused to grant Leepile Solomon Ntoatsabone leave to refer his complaint against Hisense SA Sales Holdings, effectively closing the door on the matter.
Ntoatsabone bought a 70-inch Hisense Smart TV from a Game store in Bloemfontein in November 2021 for R14,999. He claimed he was led to believe that the television would function like a smartphone, allowing him to download and use a wide range of Google applications.
He said the television could not download Google applications, which was a key reason he bought the device, and that the booklet failed to disclose the product’s limitations
Compounding his issues, in July 2024, he discovered that only three of the 17 applications listed in the TV’s booklet were functional — Netflix, YouTube, and Showmax, however, Showmax stopped working shortly after purchase.
After complaining at the Game store, he was referred to Hisense, which, he said, failed to resolve the issue.
Ntoatsabone asked the tribunal to order Hisense to replace the TV with a newer model, or alternatively to refund him.
The National Consumer Commission (NCC) had earlier issued a notice of non-referral, stating that the facts did not justify a remedy under the Consumer Protection Act (CPA). This prompted Ntoatsabone to seek leave to refer the matter directly from the tribunal.
Hisense and the NCC did not oppose the application, meaning the tribunal heard the matter on an unopposed basis.
Despite this, the tribunal found that it had no jurisdiction to hear the case because it had prescribed. It was noted that Ntoatsabone became aware of the problems months after buying the television but only took formal action nearly three years later.
The CPA places a strict three-year time limit on consumer complaints, calculated from the date of the act or omission giving rise to the dispute. In this case, the cause of the complaint arose when the TV was purchased in November 2021, meaning the claim legally ended in November 2024.
“The tribunal has no jurisdiction to adjudicate this matter,” said the tribunal, adding that the law imposes an absolute bar on complaints older than three years and it would be illegal to refer Ntoatsabone’s matter for review.
As a result, the tribunal refused to grant leave to refer the matter and made no order as to costs.
sinenhlanhla.masilela@iol.co.za
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