WeeklySA_AdminNIGHTMARE:Newly purchased lemon drives owner’s blood pressure to critical highs
By Thuli Zungu
When buying a demo car Tebogo Shingange of Daspoor in Pretoria North never thought that she would only drive it for a few hours and end up in hospital because of the high blood pressure it had now caused her.
She was hospitalised last Thursday after the dealer, CHM Volvo Cars in Pretoria told her they will not replace her faulty car, she said.
Shingange, 49, would have bought a brand new if she could afford but the dealer cajoled her to buy Demo car, she said, “When inquiring I was told they did not have one in stock, but a demo vehicle which is as good as new,” she said
She was told about the features it had which enticed her to buying it, said a mother of two. Shingange said she took precautionary measures to ensure that she was not buying a dud.
“I test drove the car to test the brakes and handle of it and was happy with it and then signed the contract,” she said.
Shingange said buying a Demo car meant a smooth sailing, free of mechanical difficulties, undisclosed damage or expired warranties and trouble finding replacement parts. She said she did not think there was a need to get a Dekra report as the car was a demo and chances of it being faulty or the likelihood of it being previously involved in an accident were zero.
“Contrary to my expectation I’m now told that I should have expected that it would not be 100% perfect,” she said.
She said its wheels are not properly aligned as its steering wheel tilts to the left when driving it.
“When collecting it, the car was dirty on the outside and had dust on the inside, its engine was muddy. I immediately brought this to the attention of the dealer who was not bothered,” she said.
A day later when she tried to start it, she noticed an unusual funny noise coming from the engine, the noise she did not detect when collecting it, she said. Though the tension belt and a faulty alternator were replaced she still experiences the same problem, she said.
She is not sure whether the replacements were done since she was not given the job card after the alleged replacements, she said.
“Given the mileage on the car, and expectations are that there should be no stripping of parts at this stage,”she said.
She said she has a right to a replacement as she does not want to be spending a million rands on a faulty vehicle, she said.
She said Wesbank, the financer, has not helped her after notifying them about her problem.
Richard Erasmus the principal dealer at Volvo said they have the right to repair the remedy and not replace the defective vehicle. “No vehicle is sold stating your vehicle will be 100% perfect from the first km driven. Unfortunately, mechanical parts could give problems as this one made a noise. No matter how old or new a vehicle is, that is why every vehicle from brand new will have a Mechanical Warranty,” he said.
Erusmus said Shingange can bring the car so he could re-test it or trade the car for a new one.
Section 56
HOW SECTION 56 PROTECTS CAR BUYERS
Section 56 of the Consumer Protection Act applies to a consumer who buys a second-hand car from a dealer.
The CPA provides that all goods purchased must comply with the following requirements:
• They must be safe, of good quality, in good working order and free from any defects;
• They must be reasonably suitable for the purpose for which they are generally intended; and
• and will be usable and durable for a reasonable period of time, having regard to the use they would normally be put to.
It further states that should the car not meet these requirements, a consumer has the right to return it (within six months after the purchase) and can insist to:
• Have the car repaired at his own cost
• Have the car replaced; or
• Obtain a full refund of the purchase price if the goods do not comply with section 55.
If a consumer is made aware of any defects and still purchased the car, the CPA provisions do not apply.
If the dealer does not comply the consumer can:
• refer the matter to the Motor Industry Ombudsman of South Africa and the Consumer Goods and Services Ombud
• refer the matter to the National Consumer Tribunal directly;
• referring the matter to the consumer court within the jurisdiction;
• alternative dispute resolution; and
• filing a complaint with the National Consumer Commission.
Once all these options have been exhausted, a consumer can approach a relevant court of law with jurisdiction over the matter.
Sources: Consumer Protection Act
