Motor Industry Ombudsman finds in favour of customer
Cape Town - The Motor Industry Ombudsman of SA (MIOSA) has found in favour of a customer who approached them in a desperate effort following alleged nightmarish service from the Toyota Cape Gate dealership.
A Dekra report compiled within weeks after Nobathembu Samente received the Hyundai Creta 2018 model she bought, found several issues with the car, essentially rendering it a piece of scrap.
However, the dealership refused to cancel the sales agreement, which was what Samente wanted.
She was then forced to approach MIOSA for help.
Following its investigation, MIOSA found: “Although the respondent contends that the additional concerns raised by the complainant are cosmetic in nature and have been remedied, we take note of the recorded communication from the Dekra assessor advising that it was risky to drive the vehicle and posed a safety critical concern and noting that prior to the Dekra for inspection on October 29, 2022, the respondent had attended to certain repairs and further concerns had come to light.
“Taking the above into consideration, the MIOSA supports the complainant’s expectations as per the submission made available.
“The cancellation of the sales agreement should be actioned within fifteen business days from the date of this communication.”
For Samente, there was no joy, as she had already traded in the car by the time of the outcome.
She said: “I think the amount of time they took was the reason I didn’t celebrate. I was relieved that they didn’t see me as crazy though. Toyota, unfortunately, got away with it.”
Toyota said they were looking into the matter and would respond in due course.
Meanwhile, consumer lawyer Trudie Broekmann warned car dealerships who refuse to replace defective vehicles, that fines by the consumer tribunal could range between R50 000 and R100 000.
Broekmann explained that nothing in the consumer’s contract with the dealership or the vehicle finance provider could take away the consumer’s right according to the Consumer Protection Act, which speaks to the right to return defective goods.
She said: “Of the 31 key cases that were heard by the National Consumer Tribunal in the past 14 months, 21 revolved around defective motor vehicles.
We see from the rulings that the Tribunal will order the dealership to refund the consumer where there is clear evidence of a defective gearbox or engine trouble which causes the car to break down.”
She explained that the Tribunal would not assist a consumer to demand their money back in the case of a cosmetic or minor defect.
Claims also first had to be dealt with by MIOSA, and then has to be investigated by the National Consumer Commission.
Cape Times