The ‘clack clack noise’ a woman’s brand new Volkswagen Polo Vivo made when she tried to switch on the ignition for the first time was too much for the owner and she either wanted another brand-new vehicle delivered to her or to be refunded.

The Mercury reports when this was refused by the dealership NTT Volkswagen (Kimberley), Masego Makadu turned to the Northern Cape High Court (Kimberley).

However, following the legal process, she discovered that it was not so simple as the court had turned down her application.

Acting Judge MJ Ramaepadi said it is plain from the scheme of the Consumer Protection Act (CPA) that the Act contained a comprehensive dispute resolution mechanism to resolve disputes between consumers and suppliers.

‘The legislative intention behind the dispute resolution scheme of the CPA must have been that disputes between consumers and suppliers must, as the first port of call, be resolved through the dispute resolution mechanism provided for in the CPA. It is only in cases where the CPA does not provide a remedy or, after exhausting all the internal remedies that a consumer will be entitled to approach the civil courts for redress,’ the judge said.

Ramaepadi said that allowing consumers to run to courts without first resorting to the dispute resolution mechanism in the CPA would undermine the scheme of the CPA.

Full report in The Mercury

Judgment