I paid a R1500 deposit for a malrese pup...

Asked by Heidi on 11-02-2020 20:31:55
Question posted in the Consumer Protection Law category relating to Gauteng
Question value: R 0.00

I paid a R1500 deposit for a malrese puppy. The person running the business, Pet rush, Martin, said the deposit is not refundable. According to the CPA, I understand this is illegal and at best, he could retain 25% as a handling fee, and return my 75%. Is that correct if I had decided against getting the puppy which I did not, and was excited to get it. However, due to having another sick puppy at home, I was told by the vet to wait until my puppy at home was clear of infection. When I told Martin this and asked him to keep the puppy for an additional week, he initially said no, then told me he could "kennel" it, which was keeping it at his house. He first told me it was R220 per day, but because I was buying the puppy from him at a total of R6100, he would charge me R85 per day. I agreed. A week later after vet clearance of my puppy at home, I went to see the booked puppy for the first time in the hope I would be happy enough to buy it. Failing that, Martin said he would find me another one, until I was happy. When first seeing the pup, I was struck by its copious tear mark down its face, and wasnt happy taking a pup with eye issues. I told Martin I didn't want the pup, and because of his attitude, I told him that he could keep R500  towards the keep of the pup, and refund me the R1000 balance of deposit. He laughed at me and told me that the kennel fees were R220 per day, and it came to R1750, more than the deposit. I got annoyed and said he is in breach of the CPA and his words were tell your attorney to contact mine. He would not give me the name of his attorney to contact him myself. After sleeping on the matter, I decided that I actually did want a different puppy after all, and I had already paid the deposit. I texted him to say I had changed my mind and that I wanted to book a puppy in advance for June, giving ample time to source a pup and it suited me. He is now ignoring my texts. He has the R1500, the puppy, which he can resell, and I have nothing. What are my rights? Can I insist on this transaction of him getting me a puppy, as he has the money, or not? 

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