The National Consumer Commission (NCC) has sharpened its focus on second-hand car dealers and repair centres following a wave of complaints from frustrated consumers – a priority underscored by a recent Tribunal ruling against Cape Town Motor Repairs (Pty) Ltd.
The National Consumer Tribunal found the company guilty of violating the Consumer Protection Act (CPA) and imposed a R100 000 fine. It also ordered Cape Town Motor Repairs to refund the consumer R77 000 paid for vehicle repairs that were never completed.
“This judgment of the Tribunal… affirms the rights afforded to consumers in terms of the Consumer Protection Act,” said Acting NCC Commissioner Hardin Ratshisusu.
The case arose after the Commission received a complaint in October 2023. A consumer reported that Cape Town Motor Repairs had failed to complete repairs to his vehicle, despite having agreed to do so within a specific timeframe.
The vehicle had been involved in a collision, and the supplier issued a repair quotation of R124 900.17. The consumer paid R60 000 upfront, with the balance to be paid in instalments. The company undertook to complete the repairs within four to six weeks, by 24 April 2023.
Instead, the delays began almost immediately. On 26 April, the supplier said additional parts were needed, requiring a further R10 000 to R15 000. A week later, the consumer was told that most mechanical repairs were done but that three brackets were still needed, and a safety test drive was pending.
Between 8 May and 22 June, the consumer paid another R17 000 into the company’s account. Cape Town Motor Repairs claimed that dashboard issues were causing the delay and promised to complete the work by 6 July 2023. That deadline came and went without the repairs being completed.
Frustrated, the consumer asked for the vehicle to be returned so he could take it elsewhere. The vehicle had by then been in the workshop since 9 March 2023.
The Tribunal found that Cape Town Motor Repairs had breached section 54(1)(a) of the CPA, which requires suppliers to complete services within a reasonable time and to keep customers informed of avoidable delays.
In its judgment, the Tribunal noted: “The supplier’s conduct had a negative impact on the consumer whose vehicle was kept by the supplier for almost two years. This was despite the consumer paying a lot of money for repairs, but was treated dishonestly and contemptuously by Cape Town Motor Repairs (Pty) Ltd.”
In addition to the fine and refund, the Tribunal ordered the company to return the consumer’s vehicle in the same condition as when it was collected. The administrative fine must be paid within 60 business days.
