A Cape Town dealership, WP Motor Sales, is appealing a ruling made by the National Consumer Tribunal (NCT) where they were fined R200,000 and ordered to refund a customer over R270,000.
The update comes after IOL reported that Fernell Waydon Pretorius successfully fought for a refund after purchasing a second-hand car which broke down after two days of ownership.
Pretorius bought the second-hand car on January 17, 2020, for R276,607.49, and it was financed by Nedbank.
The car, with a recorded mileage of 115,567 kilometres, suffered a devastating engine failure on January 19, 2020, durA Cape Town dealership, WP Motor Sales is appealing a ruling made by the National Consumer Tribunal (NCT) where they were fined R200,000 and ordered to refund a customer over R270,000.ing a drive by Pretorius's father from Cape Town to Heidelberg, Gauteng.
Among other things, the dealership said the appeal was based on the grounds that the NCT failed to recognise that the car broke down due to the driver's negligence.
Furthermore, it was said that the NCT failed to acknowledge that Pretorius accepted and used the car after it was repaired, which repudiates any cancellation of the agreement.
In addition, the dealership said the NCT failed to address Pretorius's conflicting statement, which he made under oath concerning the return of the car.
Regarding the fine, the dealership held that it was too excessive despite the fact that it had no prior convictions for egregious misconduct.
"We are currently awaiting the full record from the NCT to expedite the process," said the dealership.
In its ruling, the tribunal said Pretorius had the right to receive a vehicle of good quality, in good working order, and free of defects, regardless of its second or used status, furthermore, the dealership was required to meet the standard set out in the Consumer Protection Act.
It was also added that the engine failure rendered the car unusable, requiring the dealership to collect it within three days, an indication that the car was not durable.
Additionally, it was held that Pretorius was within his rights to demand the cancellation and restitution as the defect occurred within the statutory six-month warranty period. Moreover, evidence supports that he made an election to return the car.
Considering the nature of the contraventions by the dealership, the tribunal said it was persuaded that a fine of R200,000 was justified.
The dealership was also ordered to refund Pretorius over R276,000.
sinenhlanhla.masilela@iol.co.za
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