Tribunal fines car repairer R100 000 for being ‘dishonest and contemptuous’

The National Consumer Tribunal has fined a car repairer R100 000 for treating a consumer dishonestly and contemptuously while keeping his car, which was supposed to be repaired after an accident, for two years.

Cape Town Motor Repairs must also pay back the R77 000 the consumer paid for the repair work. The Tribunal declared the conduct of the company as prohibited.

The consumer filed a complaint with the National Consumer Commission against Cape Town Motor Repairs, alleging that it failed to complete repairs on his car as agreed. Cape Town Motor Repairs quoted him R124 900.17 to repair his car after a collision.

After forwarding the quotation to his insurer, the consumer agreed with Cape Town Motor Repairs to an upfront payment of R60 000 and that he would pay the rest in instalments after the repairs were completed.

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Car repairer wanted another R17 000 to repair suspension and dashboard

Cape Town Motor Repairs told the consumer the repairs would take four to six weeks to complete. Two days after the repairs were supposed to be completed, the workshop informed the consumer that the right front suspension of the car was completely damaged and needed to be replaced. This would cost an additional R10 000.

A few days later, Cape Town Motor Repairs informed the consumer that the mechanical repairs were completed and that only three brackets still had to be replaced. The consumer paid the R10 000 and another R7 000 to repair the dashboard.

And then the wait began.

Despite promising that the repairs would be completed, the repair work on the car was not. The consumer then asked Cape Town Motor Repairs to return the car so he could take it to a different repair shop.

The Consumer Commission investigated the complaint and could not settle it amicably through negotiation and therefore referred it to the Consumer Tribunal, asking for a ruling that it declares the conduct of Cape Town Motor Repairs prohibited and impose a fine for contravening the Consumer Protection Act (CPA).

The Commission also asked the Consumer Tribunal to rule that Cape Town Motor Repairs must refund the consumer.

ALSO READ: Tribunal fines used car dealer R100 000 for disregarding consumer’s rights

Tribunal finds car repairer did not complete the work by the time agreed on

The Consumer Tribunal ruled that Cape Town Motor Repairs failed to repair the car within a specific period, contravening section 54(1)(a) of the CPA that provides that consumers have the right to have services carried out on time and to be informed promptly if there are any avoidable delays in delivering the service.

In addition, section 54(2) of the CPA provides that if a supplier fails to perform a service, the consumer can require the supplier to either remedy any defect in the quality of the services performed or goods supplied or refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied.

The Consumer Tribunal noted that the consumer did not want Cape Town Motor Repairs to remedy the defect in the quality of the services, but instead wanted the car returned.

Cape Town Motor Repairs was not represented at the hearing, and the Consumer Tribunal noted that there was no evidence before it to suggest that any repairs had been done.

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Tribunal finds car repairer’s conduct had negative impact on consumer

Ruling on this matter, the Consumer Tribunal found that Cape Town Motor Repairs’ conduct had a negative impact on the consumer while they kept the car for almost two years, despite the consumer having paid a lot of money for repairs.

The Consumer Tribunal ruled that Cape Town Motor Repairs:

• contravened section 54(1)(a) of the CPA
• must return the car to the consumer in the same condition as it was when it was collected
• must refund the consumer R77 000 and pay an administrative fine of R100 000 within 60 business days of the judgment.

Hardin Ratshisusu, acting commissioner of the Consumer Commission, says the commission welcomes this judgment, as it again affirms the rights afforded to consumers under the CPA.

“The commission has particularly prioritised matters involving dealers of used cars and repair centres, given the high number of complaints from disgruntled consumers.”