EDIT: Despite negative comments, I think my efforts paid off (no pun intended). Received an email from Allianz offering settlement covering all costs associated. I am planning to take it. Will update if any issues.
Hi all,
tl;dr: Spent two months trying to get a refund for a proven faulty battery sold to me by Allianz Roadside which is still covered under warranty with no luck
I am taking Allianz to Civil and Administrive Tribunal in NSW - Can I get some advice since I've never had experience with NCAT, specifically:
- As far as I've read up, consumer laws entitle me to a refund and not just an exchange if the product is entirely faulty - is it 'against the law' so to speak to deny a refund and only offer an exchange in this scenario?
- Am I entitled to costs I incurred as a result of Allianz's faulty diagnosis? (e.g. battery tests)
- Can I be compensated for time lost (with money)? I've spent two months chasing up this issue
- Should I get someone to represent me? I can't really afford this but maybe there are alternatives
Long story:
I purchased a battery from Allianz Roadside Assistance for $160 in December 2015. In May 2016, my car wouldn't start. I had a family friend/mechanic with over 30 years experience inspect the car on the 19th of May. He charged the battery for long hours yet the battery died shortly after being placed in the car. Alternator and all other car parts were tested and all was fine so the battery was definitely the problem.
I contacted Allianz Roadside to explain the scenario since my battery is still under warranty. They charged me a $100 call-out fee to come out and assess the battery since I was no longer a member - however, I was told I would be re-reimbursed if their battery was deemed faulty. The Allianz technician assessed the battery and agreed it was faulty. He made a call to his supervisor, and once finished, his mind had suddenly changed and claimed it was various other causes. We argued back and forth but he was adamant.
As a result, I got the car and battery tested by two independent companies - Battery World and Caltex. Both tests show that the battery is undeniably faulty. It is incapable of holding charge. The car is fine. This cost me an additional $200 including a new battery. I put this battery in my car and there have been no issues since.
I emailed Allianz Customer Feedback and explained the above with reports to prove. I requested a full refund as well as compensation for the associated costs which are as a result of Allianz's faulty judgement. I received a response from a representative who pulled everything he could from the T&Cs of the warranty's to try to avoid any form of compensation (none of which apply e.g. abnormal use!?). He did, however, refunded the call-out fee as a gesture of "good will" and nothing else. After I pressed the issue, he said I could arrange roadside to come assess the battery again (He told the assistant who answered my call to charge an additional $100 call-out fee for this but I argued enough to get out of it).
Eventually, Allianz came by and the test conducted proved the battery was faulty. I contacted the representative again for a reimbursement and did not received a response, even after a follow up email. I contacted NSW Fair Trading and they liaised with Allianz and eventually offered an exchange but still denied any further compensation (refund or additional costs). I declined this offer as firstly, I am entitled to a refund for a completely unusable product by law, secondly I don't want to deal with Allianz ever again if the battery were to fail in future and lastly I am still $200 in debt due to Allianz's faulty judgment not to mention countless hours wasted over 2 months trying to consolidate this.