A car dealership has been fined R100,000 for selling a second-hand car which broke 28 days after being sold.

The National Consumer Tribunal made the ruling recently after a two-year standoff between Avura Executive Auto and its customer, who complained about the performance of her 2014 Mazda after she bought it, the National Consumer Commission (NCC) said last week.

According to the tribunal, the dealership contravened sections of the Consumer Protection Act (CPA).

In the judgment, the tribunal fined the company R100,000 and ordered a total refund of R106 088.28 to the consumer and insurance company.

The tribunal said NCC received a complaint from the consumer alleging that the dealership sold the consumer a defective vehicle. The NCC investigation revealed that in 2022, the consumer paid R288,577.50 for a pre-owned vehicle and within 28 days of the purchase, the vehicle manifested defects.

The consumer informed the supplier of the defects and elected to have the vehicle repaired. Avura Executive Auto refused to honour the consumer’s election stating that the vehicle was sold in good condition. The supplier further relied on their 30-day or 1,000km warranty.

The supplier’s refusal compelled the consumer to take the vehicle to a third party for repairs. The customer was charged R106,088 for parts and labour. The consumer’s warranty insurer paid R75,000 and the consumer paid the difference of R31,000.

On July 31, the NCC referred the matter to the tribunal, which ruled that Avura supplied a defective vehicle thus contravening sections 55(2)(a) to (d) and 56(2)(a) of the CPA.