SIBUSISO MUST BE REFUNDED FOR REPAIRS

THE FACTS 4

Sibusiso Ntombela from Nigel, Gauteng purchased a motor vehicle from a dealership in October 2016 but it broke down in December the same year.

He took it to a mechanic who found that the camshaft belt had broken because the 75 000km service wasn’t done.

Sibusiso contacted the dealer to tell them about the problem and he was told that there was nothing that they could do for him.

When he purchased the motor vehicle, the mileage was at 88 000km and when the car broke down, the mileage was at 92 000km. He wants to know if he has any recourse.

WHAT I DID

I spoke to Scorpion Legal Protection for professional legal advice.

SOLUTION

The attorney at Scorpion said that Section 55 of the Consumer Protection Act states that the consumer has a right to goods that are of good quality, in good working order and free of defects.

The attorney said the dealership was therefore supposed to take the car in for a service. They should have inspected the car and made sure the necessary service was done and that it was free of defects.

There is a warranty in Section 56 of the Consumer Protection Act which means Sibusiso can return the car to the dealership within the first six months. The supplier must repair the car or replace it. If Sibusiso has already repaired the car then the dealership must refund him for the amount spent on repairs. Because Sibusiso informed the dealership within six months, he can enforce his rights in terms of the Act.