The Gauteng High Court (Pretoria) has agreed with a Consumer Tribunal ruling in January that a used car dealer must refund a consumer and pay an administrative fine of R100 000 for disregarding his rights and selling him a used car that had a defect.

According to The Citizen the tribunal also ruled that Avura Motors, trading as Avura Executive Auto, must repay the consumer and his insurance company R106 000 for repairs to the used 2014 Mazda the consumer bought for R288 577.

Avura Motors took the matter on review to the court, but the appeal was dismissed.

The consumer complained to the National Consumer Commission (NCC) that Avura Executive Auto, a used car dealer in Rustenburg, sold him a vehicle that showed defects within 28 days.

The dealer refused to repair it and said it was in good condition when it was sold.

Avura also relied on its own 30-day or 1 000km warranty and said the consumer already drove for more than 1 000km.

In July last year, the NCC referred the matter to the tribunal which ruled that Avura supplied a defective vehicle and contravened sections 55(2)(a) to (d) and 56(2)(a) of the Consumer Protection Act (CPA). 

According to section 55(2)(a) to (d), every consumer has the right to receive goods that are reasonably suitable for their intended purpose, of good quality and usable and durable for a reasonable period. 

The Citizen notes Judge N Davis said the tribunal correctly relied on the assessor’s report and noted that despite the vehicle being serviced two months before it was sold, the description of the cooling system showed it was clear that the defect must have been pre-existing as the rust and contamination could not have occurred in the 28 days that the consumer had the vehicle.

The tribunal found that Avura’s contraventions are serious, displaying a total disregard for the CPA and the consumer’s rights.

In addition, the Consumer Tribunal found that the consumer was exploited by the sale of a vehicle which was not of good quality.

It ordered Avura Executive Auto to refund the consumer R31 088.28 and his insurer R75 000 for the cost of the repairs.

Avura Executive Auto was also ordered to pay an administrative penalty of R100 000 within 60 business days. Hardin Ratshisusu, Acting Commissioner of the NCC, welcomed the judgment.

First report in The Citizen