Asking for a refund due to the purchased item being faulty

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I purchased a second hand aircon from a fellow Muslim brother. He promised me that its works perfectly. I took his word on it and paid him R2000.00 to install it. R1500 for the unit and R500 for installation. However the aircon did not work from day 1. I kept on messaging him for 2 months that its not working but he kept insisting it is and he continued ignoring my messages. I got fed-up and asked him to please remove it as its not working. Without my knowledge he came to the house after the 2 month period when my dad was there to repair it, and he admitted to my dad its not working. He said he will bring the parts to repair however I told him to remove it. He then took 3 weeks to come and remove it and told my dad he will do a bank transfer for the refund. A week later after messages after messages he only refunds me R1000.00 and tells me that because of his time and labour he is only refunding half my money. When I explained to him the unit costs R1500.00 as per his invoice he said no the unit was R1000.00 but when I sent him a picture of his invoice he admitted its R1500.00 and he will only refund the R500.00. It is now gone a week and he has gone back to ignoring my messages and no refund has been received. I ask you respected mufti, what must the total refund be? Should it not be for the full R2000.00 because the aircon did not work at all. Can I lay a charge of theft against this person.

Bismillaah

A: Yes, the refund should be the full amount. It is compulsory for him to refund the entire amount.

We will not encourage you to do this.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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