The National Consumer Commission (NCC) has referred six-car dealerships to the National Consumer Tribunal (Tribunal) for adjudication of alleged contraventions of the Consumer Protection Act (CPA).
This follows the NCC receiving complaints from consumers about six-car dealerships and the tribunal, in June this year, ordering Claremont VW to comply with a Notice of Compliance issued by the NCC to refund the consumer R106 000.00 after the consumer alleged the dealership refused to honour the consumer’s right to a refund after being sold a defective vehicle.
The NCC investigated complaints against:
The NCC said it received and investigated two complaints against AutoView Pre-Owned, alleging that the supplier contravened various sections of the CPA.
The NCC’s investigation revealed that the first consumer purchased a 2010 BMW X3 from the AutoView Pre-Owned for R240 840.00 and within six months of delivery, the vehicle manifested defects while being driven.
Upon inspection, it was discovered that the gearbox was faulty, and the quotation to repair it amounted to R90 198.89, but AutoView Pre-Owned refused to replace the gearbox.
The second complainant against AutoView Pre-Owned involved a Jeep Cherokee purchased for R196 850.00 that manifested some defects within two months of delivery.
The defects were reported to the dealership and the consumer elected for the supplier to repair the defects, but AutoView Pre-Owned refused to repair the defects.
The NCC said by refusing to repair both vehicles, AutoView Pre-Owned had contravened sections 56 (2) of the CPA read with section 55 (2).
The second consumer complaint involved Avura Motors, with the NCC’s investigation revealing that the consumer purchased a vehicle for R288 577.50 and it started manifesting defects within 28 days of the delivery.
The consumer approached Avura Motors seeking the repair of the vehicle but the dealership refused, stating that their warranty states that they can only assist if the car is driven for 1 000 km or if a defect manifests within 30 days.
The NCC said by refusing to repair the vehicle, Avura Motors contravened section 56(2) of the CPA.
In the matter with Cederquist Trade Transmission, the NCC’s investigations revealed that the consumer entered into a transaction with the supplier to repair the vehicle’s transmission and was quoted an amount of R35 024.69.
Cederquist Trade Transmission completed the repairs on 22 June 2021 and the consumer collected the vehicle but returned it on 25 June 2021 and 29 June 2021 because the defects were still not fixed.
The NCC said Section 54 of the CPA gives consumers the right to demand quality service and if the supplier fails to perform a service or services in a manner and quality as expected by the consumer, the supplier must refund to the consumer a reasonable portion of the price paid for the services performed.
The investigation against Plett Motor Services revealed that the consumer purchased a VW Beetle for R70 000.00 from the dealership and the vehicle broke down on the same day it was collected from the supplier.
The consumer elected for the vehicle to be repaired, and this was done.
However, upon collection, the consumer discovered that the vehicle was not drivable and informed the supplier of his intention to cancel the deal.
The NCC said Plett Motor Services refuses to cancel the transaction, thus contravening section 56 (3) of the CPA.
The NCC received and investigated a complaint against Super-Tech-Motor Holding, trading as BMW (Pty) Ltd, which revealed the consumer took his vehicle to the dealership for repairs and the vehicle was repaired.
However, upon collection, the consumer drove for about 10 km when the vehicle started experiencing the same defects.
The NCC said the consumer requested a refund of money paid to repair the vehicle and the
supplier refused, thus contravening section 54(2) of the CPA.
In another matter, a consumer purchased a vehicle from MyaaAuto CC and discovered defects in the vehicle the following day.
The consumer informed MyaaAuto CC about the defects and the NCC’s investigation revealed that the Built-in System Interface (BSI) and the gearbox were faulty.
The consumer contacted MyaaAuto CC to cancel the transaction and requested a refund, but this was refused.
The NCC said the supplier’s refusal to cancel the transaction contravened section 56(2) of the CPA.
The NCC said it has referred these matters to the tribunal seeking redress for each consumer and an administrative penalty of 10% of each supplier’s total annual turnover or R1 million, whichever is greater.
The commission said it is also asking the tribunal to declare each dealership’s conduct as prohibited.
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Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?
George Carlin
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