Car dealer loses bid

FAULTY CAR: COURT UPHOLDS TRIBUNAL DECISION, CITING BREACH OF CPA

- Roy Cokayne

A used vehicle dealership in Cape Town has failed in its high court attempt to overturn a National Consumer Tribunal (NCT) order to refund a consumer the purchase price of a vehicle and to pay a R50,000 administrative penalty.

In a judgment handed down in the Western Cape High Court in Cape Town last week, Judge Lister Nuku and Acting Judge Stanley O'Brien upheld the tribunal's decision and dismissed, with costs, the appeal and application brought by Wingfield Motors, trading as Best Price For My Car in Goodwood, Cape Town, to review and set aside the ruling.

These tribunal and high court orders follow Shad Maritz's purchase of a 2017 Ford Focus RS 2.3 EcoBoost from Wingfield Motors on 22 January 2021, with the transaction financed by FirstRand Bank.

The vehicle was intended for Maritz's son, who had test-driven it twice in the days leading up to the purchase.

Initial assessment and dispute Wingfield Motors sent the vehicle to Dekra N1 City for assessment and its report on its condition did not reflect any meaningful faults other than it being dirty and having a scratch on the front bumper paintwork.

However, Maritz called Wingfield Motors three days after the vehicle was purchased to report a burning smell coming from the rear wheel and that the vehicle's clutch "did not feel right".

Maritz was advised to take the vehicle to Barloworld Ford N1 City for assessment because it was still under warranty and a maintenance plan.