Customers who attempted a chargeback after purchasing a five-piece set at a Langley furniture store faced the music at a tribunal hearing.
In a BC Civil Resolution Tribunal decision, Jag’s MJM Furniture Showcase took legal action against Payton Healy and Jean Chiasson.
MJM claimed $4,405 for a bedroom set, $500 for time, and $500 for mental stress.
Healy and Chiasson said the first bedroom set they ordered wasn’t delivered, so they didn’t have to pay for it, and the claim should be dismissed. However, the tribunal didn’t see it that way.
Details of the case go back to 2022.
On November 18 that year, Healy and Chiasson went to MJM to buy a five-piece bedroom set. Chiasson’s credit card was charged $3,405.
The tribunal decision states that, according to the customers, a few days later, they changed their minds and cancelled the order. They didn’t say how the order was cancelled; they just said they initiated a chargeback.
They then returned to MJM and purchased an identical bedroom set in a separate transaction. After paying for this set, it was undisputedly delivered by MJM on December 1, 2022.
Chiasson told the tribunal he received a chargeback for $3,405 but added it was for the first transaction and the furniture he and Healy claimed was never delivered. Chiasson couldn’t offer proof but told the tribunal he had “all the receipts and verification and proof from my American Express.”
The tribunal had other thoughts: “As the respondents do not explain why they could not provide this documentation, I find it appropriate to draw an adverse inference here. That means I find there was no second bedroom set transaction. Since the respondents received a full refund for the first transaction, the respondents have not paid for the bedroom set they received.”
While MJM’s claims for time and mental stress were dismissed, the tribunal did award the Langley furniture store the full $3,405 debt plus tribunal fees for a total of $3,818.88.