Pretoria-based Spares for Africa CC and Supertech Motor Holdings (Pty) Ltd, trading as BMW and based in East London, have both been fined by the National Consumer Tribunal (NCT) for contravening the Consumer Protection Act (CPA).
The tribunal fined Spares for Africa R75 000 and ordered the business to refund a consumer the R5 000 deposit the owner paid after the company had installed the incorrect engine in the consumer’s vehicle and refused to instal the correct engine after being requested to do so by the owner.
The dispute led to Spares for Africa demanding full payment from the consumer before it would release the vehicle and ended up retaining possession of the vehicle for more than four years.
The National Consumer Commission (NCC) received and investigated the complaint.
The consumer inquired about a 2017 Ford Focus engine and Spares for Africa quoted him just over R25 000, with the consumer making an upfront payment of R5 000 for the purchase of the engine and its installation.
Spares for Africa collected the vehicle from the consumer on 20 September 2019 and took it to Rautomec, a third-party workshop that it claimed it owned.
However, it took Rautomec nine months to instal the engine but when the consumer queried the performance of the vehicle after taking it for a test drive, Rautomec confirmed that they had fitted a Ford Fiesta engine instead of a Ford Focus engine as requested.
Spares for Africa refused to replace the engine and demanded payment of the outstanding amount, with the business retaining possession of the vehicle until the full outstanding amount was paid.
The NCT judgment says it is undisputed that the verbal agreement between the parties was on supplying and installing a complete engine, which ordinarily refers to a fully assembled, ready-to-instal engine with all the necessary components.
It says the consumer was not informed that additional parts would be required, and the invoice dated 19 September 2019 did not refer to any additional parts or services.
The tribunal says the issue of additional parts and services is also key because it forms part of the amount Spares for Africa demands before releasing the vehicle.
The NCT says suppliers are prohibited by the CPA from charging consumers for goods or services without providing an estimate or obtaining pre-authorisation from the consumer, and consumers are not obligated to pay for unsolicited goods or services in terms of the CPA.
The tribunal expressed concern that the cost of these unsolicited additional parts and services was R25 466.83 and exceeded the original invoice amount of R25 092.50.
It says Spares for Africa had no intention of supplying a Ford Focus engine and its panel accepted that the quality of the engine supplied was inferior to a Ford Focus engine.
The NCT says the vehicle has been with Spares for Africa for over four years without resolution when all it required was an engine swap and its panel is convinced Spares for Africa’s actions violated the complainant’s right to timely service in terms of the CPA.
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