A man secured a refund of R77,000 from a local car repair shop following an excruciating ordeal that left him without his vehicle for nearly two years.
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In a notable case that underscores the importance of consumer rights, Mbulelo Tongo secured a refund of R77,000 from a local car repair shop following an excruciating ordeal that left him without his vehicle for nearly two years.
The saga began after Tongo, who was involved in a collision in January 2023, opted to bring his damaged car to Cape Town Motor Repairs in hopes of restoring it to its former glory.
After requesting a detailed quotation, Tongo was quoted over R124,000 for the necessary repairs. As part of the agreement, Tongo made an upfront payment of R60,000 on April 11, 2023, with the understanding that the balance would be settled in instalments after the repairs were completed. He was told it would take between four and six weeks to fix his car.
On April 26, 2023, he was informed that the necessary parts, except for the windscreen, rim, and tyres, had been obtained. In addition, the right front suspension was completely damaged and needed to be replaced, and that required an additional R10,000 to R15,000.
On May 4, he was told that the mechanical repairs were completed; however, only three brackets were needed to replace the damaged ones, and a test drive was required to ensure the vehicle’s safety on the road.
Four days later, Tongo deposited R10,000, and in June, he paid a further R7,000 after he was told that the dashboard also needed to be repaired.
He was subsequently told the car would be ready by July 6, however, that didn't happen, and he requested the repair shop to return his car so that he could have it repaired elsewhere.
Unable to get his car back, Tongo sought relief at the National Consumer Commission (NCC), and the matter was referred to the National Consumer Tribunal (NCT) for adjudication.
The NCT said that Cape Town Motor Repairs is legally required to carry out and finish their services on time, as well as to promptly inform consumers about any unavoidable delays in service performance.
"In the present matter, it is evident that the respondent (Cape Town Motor Repairs) failed to complete the repairs within the agreed four to six weeks. According to the applicant (NCC), the excuses from the respondent continued indefinitely, leading the complainant (Tongo) to realise that he was being misled."
Moreover, the NCT said there was no evidence presented by Cape Town Motor Repair showing that the repairs were done.
In the application, the NCC added that Cape Town Motor Repairs refused to cooperate with the order even after it was issued with a summons.
The NCC asked the NCT to impose a fine of R100,000 for violating the Consumer Protection Act (CPA).
"The tribunal must send out a strong message that undermining the rights of consumers enshrined in the CPA and refusing to cooperate with the NCC will not go unpunished. Such conduct must be visited with significant penalties that will, hopefully, deter the respondent (Cape Town Motor Repairs) and other suppliers from abusing consumers and committing prohibited conduct," read the ruling.
The repair shop was ordered to return Tongo's car in the same condition it was when it was collected from him and also refund him his R77,000.
An administrative fine of R100,000 was imposed as requested by the NCC.
sinenhlanhla.masilela@iol.co.za
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