By REGINALD KANYANE
24 January 2025- The National Consumer Commission (NCC) said it welcomes the judgment of the National Consumer Tribunal handed down on 8 January 2025, against a car dealership that contravened Sections of the Consumer Protection Act (CPA). In the judgment, the Tribunal declared the conduct of Avura Motors trading as Avura Executive Auto as prohibited, fined the company R100 000 and ordered a total refund of R106 088.28 to the consumer and insurance company.
The National Consumer Commission spokesperson, Phetho Ntaba said on 28 November 2022, the NCC received a complaint from the consumer alleging that Avura Executive Auto sold the consumer a defective vehicle. Ntaba said the NCC investigation revealed that in 2022, the consumer paid R288 577.50 for a pre-owned 2014 Mazda and within 28 days of the purchase, the vehicle started manifesting defects.
“The consumer informed the supplier of the defects and elected to have the vehicle repaired. Avura Executive Auto refused to honour the consumer’s election stating that the vehicle was sold in good condition. The supplier further relied on their 30-day or 1000km warranty.
“The supplier’s refusal compelled the consumer to take the vehicle to a third party for repairs. The consumer was quoted/charged R106 088.28 for parts and labour. The consumer’s warranty insurer paid R75 000, and the consumer paid the difference of R31 088.28,” she said.
Ntaba further said on 31 July 2024, the NCC referred the matter to the Tribunal, which ruled that Avura supplied a defective vehicle thus contravening Sections 55(2)(a) to (d) and 56(2)(a) of the CPA.
She added that, Section 55(2)(a) to (d) states that every consumer has the right to receive goods that are reasonably suitable for the purpose for which they are generally intended, of good quality and must be usable and durable for a reasonable period of time.
“Section 56(2)(a) stipulates that “within six months after delivery of any goods to the consumer, the consumer may return the goods to the supplier without penalty and the supplier must, at the direction of the consumer, repair or replace the unsafe or defective goods.
“Ruling on this matter, the Tribunal found “the contraventions are serious, displaying a total disregard for the CPA and the consumer’s rights,” said Ntaba.
She said the Tribunal found that the consumer was exploited by the sale of a vehicle, which was not of good quality. Ntaba said the Tribunal ruled that Avura Executive Auto has contravened sections 55(2)(a) -(d) and 56(2)(a) of the CPA.
“Avura Executive Auto’s contravention of these sections was declared as prohibited conduct. An interdict prohibiting Avura Executive Auto from engaging in the same or similar prohibited conduct in the future was granted. Avura Executive Auto was ordered to refund the consumer R31 088.28 within 30 business days of the judgement.
“Avura Executive Auto was further ordered to refund the consumer’s insurer R75 000 towards the cost of the repairs within 30 business days of the judgement and Avura Executive Auto was ordered to pay an administrative penalty of R100 000 within 60 business days of the judgment,” she said.
The Guardian 