Another used car dealer found out the hard and expensive way at the Tribunal that dealers cannot sell consumers defective cars and get away with it.
The National Consumer Tribunal has fined another used car dealer R100 000 for selling a consumer a defective vehicle and also ruled that the dealer must repay the consumer and his insurance company R106 000.
After the consumer informed Avura Executive Auto of the defects and elected to have the car repaired, the dealer refused to repair it and said it was in good condition when it was sold. Avura also relied on its own 30-day or 1000 km warranty and said the consumer already drove for more than 1 000 km.
Section 56 stipulates that a consumer can return goods to the supplier without penalty within six months and the supplier must repair or replace the unsafe or defective goods. The consumer can choose to have the goods repaired or replaced. The assessor’s report confirmed that the cause of the overheating was difficult to establish but was likely due to water loss since all the cooling system components were corroded and contaminated with rust due to prolonged operation with insufficient coolant mixture.
“By Avura Executive Auto’s own admission during the hearing, the consumer was not required to service the vehicle between the time he took possession of it and the time it overheated. Further, there is no evidence that the consumer ignored any warning signals that the vehicle needed to be checked or that it was overheating.
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