A Cape Town car dealership has been ordered to refund a woman who bought a second-hand car in late 2015, only to have it break down a few days later. The National Consumer Tribunal found that Hanlie van Lill, of Kuilsriver, must be paid back the R61 450 she paid for her 2001 year model Volkswagen Passat, which broke down four days after she bought it, notes a Fin24 report.

Van Lill said the salesperson who sold her the car at first promised to cancel the deal and take back the car, but later changed his mind. He became adamant that ‘he wasn't going to assist me’. Van Lill initially approached the Motor Industry Ombudsman of SA, which ruled in her favour. But the car dealership ignored the ruling. The case then made its way to the National Consumer Commission, and its tribunal ruled on 4 September that the dealership, Western Car Sales CC, must reimburse her.

Western Car Sales was not present at the hearing, and did not file any affidavits. The judgment states that Western Car Sales CC must reimburse Van Lill the full amount she paid for the car. The tribunal ordered that the dealership must also ‘at its own cost’ collect the car which is still standing outside Van Lill’s house.

Further, the dealership has been ordered to pay an administrative fine of R100 000 to the National Revenue Fund. The tribunal found that clauses in Van Lill’s contract when she bought the car were in direct contravention of the Consumer Protection Act. As a result, it appeared to be almost impossible for her to seek redress when the car broke down.

Full Fin24 report