The deposit on account of Water and Electricity Meter, which amounts to Kenya Shillings Twenty Thousand and Two Hundred Only (20,200/=) shall be refunded in full within Fourteen (14) days upon demand.
The registration costs, costs for preparation and transfer of the reversionary interest, and cost of purchase of share in Management Company, which amount to Kenya Shillings Eight Thousand Only (Kshs 8,000/=) shall be refunded in full within Fourteen (14) days upon demand.
In this regard, we advise that the Purchaser is entitled to a refund of the sum of Kenya Shillings Twenty-Eight Thousand Two Hundred Only (Sh28,200/=), which sum shall not attract interest as demanded.
We trust that the above is instructive. Please do not hesitate to contact the undersigned for any information or clarification. Ian Henderson, Managing Director, Superior Homes Ltd
Preliminary Response from Cofek
A fatally faulty contract between yourselves and Mr John Chege Njuguna CANNOT purport to take away his consumer rights as per provisions of Article 46 of the Constitution and the Consumer Protection Act, 2012. In any case, and as per Section 7 of the Act, any ambiguities of such contracts would be interpreted in favour of the consumer.
We, therefore, hold that Mr Njuguna is entitled to full refund and interest on his funds. Kindly respond with your final offer to allow us make a firm and final decision on the recovery of the said funds.
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