Another used car dealer has to refund a consumer after selling him a car full of defects and failing to fix them properly.
The Western Cape division of the High Court has confirmed the finding of the National Consumer Tribunal that a used car dealer from Cape Town must refund a consumer after the car broke down again after it was repaired.
However, Cape SUV took the matter on review to the High Court, arguing that the vehicle broke down as a result of the consumer’s driving behaviour and that the malfunctioning of the gearbox was a “further defect”.The consumer complained to the NCC and its investigation revealed that the vehicle manifested several defects since the day the consumer collected it. In a period of three months, the vehicle was repaired about three times.
The consumer can return the goods within six months, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55. The consumer can choose if the supplier must repair or replace the failed, unsafe or defective good or refund to the consumer.
The court also reminded the supplier that “the purpose of the CPA is to promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection to provide for improved standards of consumer information, to prohibit unfair practices.
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