The National Consumer Commission welcomed a judgment by the National Consumer Tribunal (Tribunal) handed down against a repairs company that contravened sections of the Consumer Protection Act (CPA). The Tribunal declared the conduct of Cape Town Motor Repairs (PTY) Ltd as prohibited and fined the company R100,000.00. The supplier was further ordered to refund the consumer R77,000.00 (seventy-seven thousand Rand) paid for repairs.
In October 2023, the NCC received a complaint from the consumer alleging that Cape Town Motor Repairs (PTY) Ltd failed to complete repairs of his vehicle at an agreed-upon upon by both parties. The NCC investigated the matter, and the investigation revealed that following a collision, the consumer requested a quotation for repairs from the supplier. The supplier issued a quote of R124 900.17 The consumer’s vehicle has been with the supplier since March 9, 2023.
As part of the agreement, the consumer made an upfront payment of R60,000.00.The supplier and the consumer further agreed that the balance would be paid in instalments. The supplier undertook repairing the vehicle within four to six weeks, which was anticipated on or before April 24,2023.
On April 26, 2023, the supplier informed the consumer that certain necessary car parts had been obtained, however, an additional R10,000.00 to R15,000.00 was needed to replace the right front suspension. A week later, the supplier informed the consumer that mechanical repairs were completed; however, three brackets were needed to replace the damaged ones and a test drive to ensure the vehicle’s safety.
Between 8 May and 22 June, the consumer made a total payment of R17,000.00 (seventeen thousand Rand) into the Cape Town Motor Repairs’ account, who claimed that the delay was because of the dashboard repairs. Despite promising that repairs would be completed by 6 July 2023, the respondent failed to deliver as promised. Consequently, the consumer requested the supplier to return the vehicle so that he could have it repaired elsewhere.
The Tribunal ruled that Cape Town Motor Repairs failed to repair the vehicle within a specific period and thus contravened section 54(1)(a) of the Consumer Protection Act (CPA). Section 54 (1)(a) states that consumers have the right to have services carried out on time and to be informed promptly if there are any avoidable delays in delivering the service.
Ruling on this matter, the Tribunal found that “the supplier’s conduct had a negative impact on the consumer whose vehicle was kept by the supplier for almost two years. This was despite the consumer paying a lot of money for repairs, but was treated dishonestly and contemptuously by Cape Town Motor Repairs (PTY) Ltd.”The Tribunal ordered that:
- Cape Town Motor Repairs (PTY) Ltd contravened section 54(1)(a) of the CPA;
- The supplier must return the vehicle to the consumer in the same condition as it was when it was collected;
- Cape Town Motor Repairs (PTY) Ltd must refund the consumer R77,000;
- The supplier must pay an administrative fine of R100,000.00 (one hundred thousand Rand) within 60 business days of the judgment.
Welcoming this judgment, the NCC’s Acting Commissioner, Hardin Ratshisusu said: “The NCC welcomes this judgment of the Tribunal, as this again affirms the rights afforded to consumers in terms of the Consumer Protection Act. The NCC has particularly prioritised matters involving dealers of secondhand cars and repair centres, given the high number of complaints from disgruntled consumers.”