Consumer: 1, dealer: 0

NOLLY MOTORS: TRIBUNAL'S ORDER FOLLOWS REFUSAL TO CANCEL SALE

- Roy Cokayne

Kempton Park vehicle dealership was ordered to repay a woman the R146 000 she paid for a used 2013 Audi A4 after refusing her request to cancel the transaction when she discovered defects within days of purchasing it.

The National Consumer Tribunal ordered Nolly Motors to refund Cwayita Makubalo within 10 business days of its judgment and to collect the vehicle at its own expense.

The judgment was handed down last month, but only released on Tuesday.

Makubalo entered into a sale agreement with Nolly Motors for the purchase of the vehicle on 13 April, 2022, but discovered defects after taking delivery of the vehicle on 15 April, 2022.

The alleged defects included:

A leaking overflow tank/reservoir, which caused the engine to overheat;

A poorly fitted suspension, which was made of substandard materials;

A brake fluid leak;

All four tyres were worn out;

No service history book was provided with the vehicle; and

The vehicle was delivered without the jack, wheel spanner and spare wheel, despite these items being promised at the conclusion of the sales agreement.

The National Consumer Commission (NCC) said Makubalo notified Nolly Motors of these alleged defects on 19 April, 2022 and requested its urgent response.

Makubalo sent a follow-up e-mail and a WhatsApp message on 28 April, 2022 about these issues, but the dealership indicated it would not attend to any repairs and any repairs would be at Makubalo's expense.