Here’s news of an excellent outcome for a motorist whose new Mercedes-Benz leaked oil a few days after buying it from a Rustenburg dealer. Thanks to six months of tough negotiation by the Consumer Affairs office in North-West province, using the new Consumer Protection Act, the consumer has taken delivery of a brand new Merc this month. Resolution of complaints by our consumer offices can be frustratingly slow but when there’s a victory, let’s acknowledge it and spread the word. The more precedents are set, the better protected we become.

CONSUMER AFFAIRS OFFICE HAS DONE IT AGAIN
Consumer Protection Act gives consumers the right to receive goods that are safe, free from any defects and of good quality. We have however received numerous complaints from consumers who were sold vehicles that were defective. This was experienced by Ms Dumisa Seshabela after she bought a brand new Mercedes in Rustenburg last year. She thought buying a new car will bring joy and happiness to her only to end in misery.
Ms Dumisa Seshabela, employee within the Department of Economic Development, Environment, Conservation and Tourism, bought a Mercedes Benz CGI E200 on the 20th April 2011 from Maemo Motors in Rustenburg. She discovered some oil leakage few days after delivery of the vehicle. The dealership was accordingly informed and the complainant took it to the Dealer for repairs.

She collected the vehicle after a week but to her surprise the oil leak resurfaced within a week after delivery and it was again returned to the dealer. She was informed after about two weeks that the leak has now been remedied. However, the vehicle was returned in the same condition despite the assurance given that the leak has been repaired.

By knowing her rights as consumer, Ms. Seshabela then took the vehicle back to the Dealer and approached Consumer Affairs Office within the Department of Economic Development, Environment, Conservation and Tourism. They advised her to demand replacement of the vehicle.

Maemo Motors hastily informed Seshabela that the vehicle was in pristine condition, free from defect and ready for collection. As per advised from Consumer Affairs Office, she refused to accept the vehicle and referred the dealer to Consumer Affairs Office as the matter was in their hands.

Communication with Mr Swart, the Dealer Principal of Maemo Motors started around July 2011 and he was adamant that the oil leak has been dealt with adequately and that the complainant was not entitled to demand replacement. This was the beginning of the vicious legal battle between Consumer Affairs Office and Maemo Motors represented by Van Velden – Duffey Attorneys.

‘’Department’s argument relied on the provision of Section 56 read with Section 55 of the Consumer Protection Act which gives a consumer a right to demand cancellation of a contract or replacement of goods if defects manifest themselves within six months after delivery, which was the case in this matter, said Mr Letsogo, Deputy Director for Consumer Affairs Office.

Maemo’s main contention was that oil leakage does not constitute a “defect” as defined by the Consumer Protection Act and that the vehicle had been repaired within the time period prescribed by the Act.

The two parties could not agree as to whether “oil leak” constituted a defect envisaged by the Act. The Act define “defect” as material imperfection in the manufacture of the goods or components that renders the goods less acceptable than person generally would be reasonably entitled to expect in the circumstances.

The two parties however reached an amicable settlement after a fierce month of negotiation. Maemo Motors came with the demand that Ms Seshabela should pay an amount of R22 540.39 for the depreciation and usage.
“We again argued with them that in terms of Section 56(2), the consumer does not have to pay any penalty when cancellation or replacement is demand in terms of this Section. This became another bone of contention as we could not agree on the applicability of the other provisions of the Act in relation to charges that may be levied when replacement is demanded on the grounds that goods are defective’’, said Letsogo.
Finally an agreement was reached on the 28th September 2011 and Maemo withdrew their demand for compensation. Ms Seshabela accompanied by Mr Letsogo collected her brand new Mercedes on the 20th January 2012
Consumers are urged to demand protection for their rights as afforded to them by the Consumer Protection Act. Consumers should note that there are strict time frames specified for the realisation of these rights and should further keep sales records pertaining to purchase in save place in case of disputes.

The Department urge consumers to lodge complaints promptly with us when their rights are infringed as compliance with the prescribed time frames is extremely important.

“Consumers have the right to receive goods that are of good quality, free from defects and in good working order”.