Let me give you some of my comments:
1. Obviously I don't need to tell you that in future you need to have it in black and white. If for some reason that cannot be done, activate the voice recording function in your mobile phone and record.
2. For the second trip, you could also have activated the voice recording function and record the guy trying to say "no witness, so too bad for you" - that would be good enough as evidence against him.
3. For the police, they can't really help you unless you can characterise it as a cheating case.
4. However, you can try the Small Claims Tribunal, where you need to pay S$10 to get your case heard. Provided that you have the evidence to show that the product was bought on X date, and you went there 1 hour later to say its faulty, chances are the court can find that the product was faulty when sold (rather than made faulty by you).
The shop may then say "no warranty". However, under the Sale of Goods Act, the product doesn't need to have any express warranty before you can claim under the provision that goods sold must be fit for purpose. A non-working keyboard obviously is not fit for purpose or of merchantable quality.
Hence, on a text book assessment of your case, assuming you can prove whatever you narrated here, I'd say you got a good chance legally to win the case.
Now, onto the practical assessment. Are you willing to spend S$10 and your time to bring the case to the SCT? That is for you to decide.
The problem with CASE is that from what I last heard, in order for them to help you, you need to join as member, and I recall at that time, it costs S$50 to join. Hence putting more people off.
On a final note, if you really feel buay gam, what you can do is to post your story onto as many forum boards as possible, and then print out the relevant threads/pages. Then go to the shop and tell them "Your shop has now made headlines in the Internet".
Of course, be prepared to prove what you say, or you might be exposed to a suit for defamation. Which is why my recommendation of voice recording always comes in useful.
A bit curious though, why didn't you test the keyboard and check it before buying it?
hmm, have you tested your keyboard before you buy?
i've never done that before... perhaps its cos i always buy either microsoft or logitech... and quite lucky all the time.
No brand....just MIC product. But it's really small one. I really liked and wanted it as I can carry it around everytime i go for servicing......What brand is that keyboard? Some warranty you register online with model number. Thus...maybe you can try going to the keyboard maker's dealer or distributor directly for an exchange or for you to get a free repair on it....after telling them too your story.
I am also curious...why would you need a keyboard ...the place you work too stingy to provide everyone with one? heheheh...
Let me give you some of my comments:
2. For the second trip, you could also have activated the voice recording function and record the guy trying to say "no witness, so too bad for you" - that would be good enough as evidence against him.
vince is a litigator? :think:
where is the judge?
anyway, i think treat it as lesson learnt, but i dunno how much is 40 worth to you... sometimes this kinda things happen is to test our luck... since luck low, better dun test it anymore.
Bro, it's not just about money. It's about getting cheated which hurt me most and my pride. As the shop likes to play this game......I will also do whatever i can to restore confidence in myself and for the sake of future customers....... and only then will I be able to take this as complete package of lessons......
noted....perhaps you can tell your story to 《前线追踪》,I think they may be interested in your case.I believe justice must be done, such act should not be condone.
Small claim Tribunal is your best bet....the court will summon the shop owner for a mediation, whether he likes it or not...since he likes to play punk....lets give him the inconvenient :sweat:
A bit curious though, why didn't you test the keyboard and check it before buying it?
Isn't voice recordings not admissible(meaning u cannot produce voice evidence) in court?
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vince is a litigator? :think:
where is the judge?
anyway, i think treat it as lesson learnt, but i dunno how much is 40 worth to you... sometimes this kinda things happen is to test our luck... since luck low, better dun test it anymore.
police cant do anything unless its a fraud case is it?
Sorry to hear the problem you have to go through.. All i know.. is that .. whatever process you do .. SCT/CASE or TOURISM BOARD.. it will be a lengthy process and you will end up wasting lot of your own time. Im not trying to tell you to give up. BUt you decide lor. If you have the money and time .. then go ahead..
But if this happened to me, this is waht i will do ..
1) If i free.. and happened to be walking around at Luckyplaza, I will approach any customers in there especially .. tourist .. and tell them quietly.. of the shop reputation... then stand around the shop.. when ever someone want to walk to the shop i then .. will tell the customers not to go to the shop.
Advantages : I happy mah ..
Diadvantages : They will call police.. You can predict mah .. you can disturb the shop .. maximum 1hour 30 minutes.. then leave lor.. they cant stop you and demand your particular.. nor.. touch you to restrain you. Most to most .. you be told to leave the place and not cause any nuisance. You think they want to sue you?? They also got no time and money to spend on civil case like what you are going through.
2) I will still post openly in websites and internet stating the shop name and what had happened to me. Why i scare?? I have prove of evidence of purchase and the faulty product with me. Futhermore got police attended my case already ..sure got incident number. Defamation will work only for reputable and respectable person like Major known company and person with high reputation. (example Ministers) Where you can be sues for defamation if you are demm to have tried to cause damages to those reputable person. Still they have to go through legal proceedings by going to Sub Court.. Not SCT ... it will cost more... and time consuming.. YOu think they will do it?? 99% NOpe. By the way, if you are worried being sued, By posting such thing like the shop name and the words you mentioned here are as good as you can get sued if they see this remarks.. But they are not a reputable shop and respectable people with high post.. so dont bother..
Lastly .. those 2 option i posted .. is for me to do if happened to me.. but not telling you to do it.. yeah .. So relax and move on bro .. Life is like a box of chocolate.. You dont know what you going to get .. Sometimes we get a sweet one and sometimes.. we might get shyt... so Peace and relax ok...
Regards,
HaimE
Ya, if the shop still fail to send representations after being summoned by the Court, a judgement may be entered against it. Thereafter, the Courts may grant you a favourable judgement.
However, if you notified the shop and they refuse to pay, think tt you can employ a court batiff to seize goods from the shop to sell so that you can recover your cost ...
"How to Enforce an Order of the Small Claims Tribunals
*Please note that the following is only a guideline. Please seek your own legal advice on any clarification or other forms of enforcement.
Money Order
A Money Order is deemed a Magistrates' Court Order for the purpose of enforcement.
If the Judgment Debtor fails to pay the amount stipulated in the Money Order, the Judgment Creditor may issue a Writ of Seizure and Sale to seize and sell the movable property belonging to the Judgment Debtor. The Writ of Seizure and Sale is executed by the Subordinate Courts Bailiffs @ SCT, of the Subordinate Courts of Singapore."
http://app.subcourts.gov.sg/sct/print.aspx?pageid=4524
I remember that one lady went tt route, appear in the papers some more ...
but qn is that do u want to go thru tt long drawn process?
Exactly! I reported as cheating also. Of cuz, this is sure cheating obviously.I'd think the most relevant case here is cheating, although I doubt there's any cheating involved, not very sure. But if even I'm not sure, I will reckon that the police will take a hands' off approach.
Then I reported to police, waited at security office and they came down to Lucky Plaza to investigate my case. B4 i brought them to the shop, they honestly explained to me....they cant force the shop to pay me back or exchange.
Just to add on, the process in the SCT route is far less long drawn than via a normal court. Things are much simple rand shorter.
From what I recall, the process is:
1. File your claim
2. Other side gets served
3. Both parties go for mediation
4. Both parties go for hearing.
5. Judgment issued
6. Get Baliff to enforce.
This is very very very much more simplified than a normal court process. If this is considered long drawn, then a normal court process will take ages.
Exactly! I reported as cheating also. Of cuz, this is sure cheating obviously.
This sentence alone from his mouth already proved cheating...."Who knows i told u warranty...."
not 40$ hurt me, but this thing does hurt my self-esteem.
Too bad...i hav neither black & white nor voice recording......
but i guess...i wont forget those words in my life......."who knows.." :devil:
So.....Does it mean that everyone has the rights to do "crime" or "whatever" by the use of the word "who knows" ????
btw, why hands' off approach? That time, I also felt the same just by hearing the word "cant force".