Consumers MUST GET REFUND if defect of repaired goods persists

Pippa Hudson interviews consumer journalist Wendy Knowler.

Listen below (skip to 07:00).

In a recent ruling, the Western Cape High Court ordered Unicity Trading, trading as Cape SUV, to take back the faulty Daihatsu SUV it sold to Alison Evans in June 2019.

But for Evans, justice was a long time coming – she first filed a complaint against Cape SUV with the National Consumer Commission almost four years ago.

The Consumer Protection Act states that if a supplier repairs goods and the defect persists or a new issue arises within three months, the supplier must refund the consumer.

However, as Wendy Knowler highlights, this wasn’t the case for Evans.

Shortly after purchasing the vehicle in 2019, Evans noticed a shudder and an 'uneven drive'. When she reported the problem to the dealership, they dismissed it, claiming the vehicle was functioning normally. Despite this, the dealership attempted three repairs that year.

After the third repair in September, the gearbox failed the very next day.

Evans, through her attorney, requested the cancellation of the sale and a full refund. Cape SUV refused, prompting her to complain to the National Consumer Commission.

"It’s not unusual for car dealerships to claim that a car’s gearbox issues were caused by the owner’s 'driving style', particularly in the case of women. I can't think of a case where they accused a man of doing that."

- Wendy Knowler, Consumer journalist

The National Consumer Tribunal ruled that Cape SUV must collect the vehicle within five business days and refund Evans the R152 000 purchase price within 30 business days.

"There is no doubt the vehicle was defective from the start," the Court stated when dismissing the dealership’s appeal.

While Evans has finally received a refund after a four-year battle, her legal fees have reached around R450 000 – three times the cost of the car.

Despite her request for a cost order, the tribunal and the high court denied it.

Scroll up to the audio player to listen to the interview.