Trade

Asking for a refund due to the purchased item being faulty

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.

Different cash and credit price

Q: Is installment business halaal or haraam in Islam. Explaination: Company XYZ purchasing Product from Market in 1000 Rs. and Sell it on 2000 RS (double Rate) in 20 installments (100 Rs per day). One recory man is reserved for it for Recover Payment from Buyer Shops. (Recory man Salary is about 15000/month) But ON Cash Payment, Company Sale Same Product in (1500 RS). Is this type of business is halal or Haram in Islam.

Questions relating to the sale of a house

Q:

1. YYY wanted to sell his house(2003). He gave ZZZ(sister) three payment options viz a. Cash price – once off payment of full amount b. Terms price c. Rental Option

2. ZZZ chose the cash price option and paid a deposit

3. ZZZ then made a few minor payments.

4. ZZZ and her husband came to YYY house(2004), and said that they went to the bank for a loan but because of FICA documentation they were still in the process of finalising the loan. At this point, they asked YYY to consider if he will not let them pay off the balance at the amount the bank was going to charge them. YYY did not give an answer to this. How does this affect the transaction as the negotiation process was now put back on the table?

5. In 2006, YYY advised ZZZ that she hadn’t paid the full price as promised, hence YYY requested a renegotiation of the sale

6. Repeatedly over the course of time, YYY advised ZZZ not to continue depositing the money until the whole situation was settled and a shariah ruling was obtained

7. As the brother, YYY did not want to give his sister notice to vacate the house as he did not want her to be on the street

8. There was no consistency in any payments. Payments were made erratically.

9. ZZZ continued to deposit money into YYY account even when requested not to do so until the sale was clarified.

10. Despite being a cash sale, ZZZ paid the money over 10+ years at the cash price and now wants transfer of the house

Please advise on how YYY should proceed.

Forcing the purchaser to purchase the item after giving him a refund and cancelling the sale

Q: I made an online purchase from China. The seller said that he will refund me if the product did not arrive within six weeks. After six weeks, the item did not arrive so he refunded me. However, the item then arrived after three months. I contacted the seller and informed him that it has arrived, but since I no longer require it, he must arrange collection for it. The seller said that it would be too expensive, so he is insisting that I must pay him for it. What should I do? If the seller doesn’t arrange collection then what should I do with the item?