A customer has raised a complaint against Lugo Collection, accusing the clothing business of failing to deliver a suit within the agreed timeframe and then allegedly refusing to refund the deposit after the order remained incomplete.
The customer says the suit was ordered specifically for a graduation ceremony and that Lugo Collection agreed on a delivery date. When the agreed deadline passed without the suit being ready, the customer says they gave the business an additional week to complete the order.
But even after the extra week, the customer says they visited the shop to collect the suit and found that it had not been made.
With the graduation date approaching, the customer says they requested a refund of the deposit so they could find another supplier and secure alternative attire.
According to the complainant, Lugo Collection has not refunded the money and has allegedly stopped responding to follow-up messages, leaving the customer unable to recover the deposit.
The customer says they have a receipt, video and WhatsApp messages that can support their account of what happened.
The dispute raises a wider question about businesses that accept deposits for customised goods and then fail to deliver within the agreed period.
Under Kenya's Consumer Protection Act, a consumer can cancel certain future performance agreements where a supplier fails to deliver within the statutory period after the agreed delivery date. The law also provides for refunds in circumstances where a consumer cancels a consumer agreement, subject to the terms and applicable requirements.
The Sale of Goods Act also provides remedies where a seller wrongfully refuses or fails to deliver goods, including an action for damages arising from non delivery.
The complaint received ¶
Hello Cyprian Is, Nyakundi! I have an issue with Lugo collection. I ordered a suit for my graduation frm them but they failed to deliver on the agreed time. I gave them an extra week bt upon visiting their shop to collect the suit, it hadn't been made. I asked them to refund my deposit so that I could source for another attire for my graduation. Up to now they havent. They are blueticking me. Kindly expose them for me. I have a receipt, a video and watsap messages
The complainant says the evidence is available and can be provided to support the complaint.
A similar customer complaint involved Safaricom ¶
This is not the first time a customer has approached this platform over a dispute involving money paid for a service that allegedly did not meet expectations. In an earlier complaint, a customer raised concerns over a Safaricom 5G router, alleging problems with the service and demanding compensation. The complaint similarly centred on a customer who felt they had paid for a service that was not being delivered as expected and wanted the company to address the financial loss.
That case showed how quickly a routine consumer complaint can turn into a bigger dispute when the customer feels that repeated attempts to obtain a solution are being ignored.
Another customer raised concerns over Standard Bank ¶
A separate complaint previously brought forward involved Standard Bank's Garden City branch, where a customer raised concerns over poor customer service and said they were considering moving their banking business elsewhere.
While that complaint involved banking rather than clothing, it raised the same fundamental issue of accountability between a service provider and a paying customer.
A customer who pays for a product or service expects the supplier to honour the agreement and provide a clear response when something goes wrong.
Habanos Lounge complaints also raised questions over customer safety and accountability ¶
Another case previously highlighted involved Habanos Lounge, where complaints were raised concerning alleged drink lacing, parking disputes and allegations of sexual assault. The premises was temporarily closed amid the concerns.
That case demonstrated another side of consumer protection. Businesses do not only have obligations concerning what they sell. They also have responsibilities relating to how customers are treated and the environment in which services are provided.
The circumstances are different from the Lugo complaint, but the underlying issue is similar: customers who raise serious complaints should not simply be ignored.
CAK can investigate consumer complaints ¶
The Competition Authority of Kenya (CAK) is the main government agency that should take note of consumer complaints of this nature.
CAK says consumers can file complaints directly with the Authority and provide supporting information. The Authority may then contact the accused business, investigate the complaint and apply administrative remedies including refunds, replacement or repair of goods, depending on the circumstances. Complaints outside its jurisdiction can be referred to the relevant government agency.
In this case, the customer says they already have the documents needed to establish the transaction.
The receipt can show the payment.
The WhatsApp messages can help establish what was promised and the communication between the parties.
The video may provide additional evidence concerning the customer's attempt to collect the suit.
If the customer formally approaches CAK, those documents could help the Authority determine whether there was a consumer protection violation.
Lugo Collection needs to explain ¶
The key questions for Lugo Collection are straightforward.
Why was the suit not completed within the agreed timeframe?
Why was it allegedly still unfinished after the customer granted an additional week?
What happened to the customer's deposit?
Why has the customer allegedly not received a refund?
And why are the customer's follow-up messages reportedly going unanswered?
If there was a legitimate reason for the delay, the company should explain it.
If the deposit was subject to particular contractual conditions, Lugo Collection should also make those conditions clear.
But if the customer cancelled the order because the business failed to deliver as agreed and a refund is due, the company should address the matter instead of allegedly leaving the customer chasing their own money.
The Ministry of Investments, Trade and Industry, through the relevant consumer protection framework, and the Competition Authority of Kenya should take note of such complaints and ensure consumers have effective avenues for redress.
Where there is evidence of deliberate fraud or another criminal offence, the Kenya Police Service and other relevant investigative authorities can assess whether a criminal investigation is warranted. A simple failure to deliver, however, does not automatically amount to a criminal offence and should first be assessed on the evidence.
Lugo Collection should be given an opportunity to respond to the allegations and provide its side of the story.
For now, the customer's position is simple.
They paid a deposit for a graduation suit.
The suit was allegedly not delivered within the agreed timeframe.
They gave the business an additional week.
The suit was allegedly still not ready.
They requested their money back.
And they say they are now being ignored.
A customer should not have to chase a business indefinitely for a deposit after the product they paid for was allegedly never delivered.