A Gauteng consumer’s attempt to cancel a purchase of a newly bought vehicle has been dismissed by the National Consumer Tribunal, which found that the car was not defective and that the dispute stemmed from the buyer's misunderstanding rather than unlawful conduct by the dealership.

According to IoL, the tribunal ruled against Matome Matlakala after he brought a case against Motus Nissan Centurion, the National Consumer Commission (NCC), and MFC, a division of Nedbank.

The case centred on Matlakala’s purchase of a Nissan Magnite 1.0 Acenta EZ-Shift, which he financed for just over R29 000 and took delivery of in February 2024. 

Matlakala returned the vehicle within four days, claiming it was unsafe and defective because it rolled backwards on inclines.

He argued he had not been given an opportunity to properly test-drive the specific model and dealership representatives had misled him into believing the car included a hill start assist feature.

He sought cancellation of the sale, removal of a default listing, compensation for emotional distress and protection from legal action.

However, the tribunal found that the vehicle’s behaviour was consistent with its design and not indicative of any defect.

The tribunal rejected all claims of prohibited conduct, including allegations of misrepresentation, unfair contract terms, and coercive behaviour.

It found the dealership had acted within the law and that the consumer had failed to verify whether the vehicle met his expectations before purchase.

The application was dismissed in full, with no order as to costs.

Full IoL report