In today’s consumer-driven world, the National Consumer Regulator (NCR) plays a crucial role in protecting the rights of consumers. Whether it’s ensuring fair trade practices or addressing grievances, the NCR acts as a watchdog to uphold the Consumer Protection Act (CPA). To understand the importance of this body, let’s explore the story of Philemon, who faced significant issues after purchasing a second-hand car, and relate his experience to a real case adjudicated by the National Consumer Tribunal.
Philemon had always dreamt of owning a car. After saving diligently, he finally purchased a sleek, second-hand vehicle from a local dealer. The car looked impeccable, and the dealer assured him it was in excellent condition, never involved in an accident, and had passed all roadworthy tests.
Excited, Philemon paid the dealer and drove home. However, his joy was short-lived. Within a week, he noticed several problems: the steering wheel was faulty, there were oil leaks, and the car made strange noises. Concerned, Philemon took the car for a roadworthy test, only to discover it failed miserably. Further inspection revealed the car had been in a severe accident, something the dealer had conveniently omitted to mention.
When Philemon approached the dealer to return the car and ask for a refund, the dealer flatly refused. Frustrated and feeling deceived, Philemon turned to the National Consumer Regulator for help.
Philemon’s story parallels a real case NCT-270582-2023-75(1)(b)), which highlights the NCR’s role in consumer protection.
The Applicant in this case is Hendrik Jacobus Schoeman who bought a second-hand 2010 Jeep Grand Cherokee from the respondent, who assured him it was accident-free and roadworthy. Soon after purchase, the vehicle exhibited numerous defects and failed a roadworthy test. Despite multiple repair attempts by the respondent, the car remained unroadworthy. Schoeman sought a refund, but the respondent refused, prompting Schoeman to escalate the matter to the NCR and then the Tribunal.
The Tribunal found that the vehicle was sold with significant undisclosed defects, violating sections 55(2)(a) and (b) of the CPA, which mandate that goods must be of good quality and free of defects.
The respondent’s refusal to refund the consumer despite the vehicle’s failure to meet roadworthy standards constituted a breach of section 56(2) and (3). Additionally, the Tribunal found the respondent guilty of misleading representations under section 41(1)(b) by falsely assuring that the vehicle had never been in an accident.
The respondent was ordered to refund the full purchase price of R145,957.50 to Schoeman within 15 business days. The Tribunal also highlighted the consumer’s right to claim further damages in a civil court.
Philemon’s experience and the case of Schoeman vs. Village Auto Used Vehicles CC underscore the critical role of the National Consumer Regulator in enforcing consumer rights and ensuring fair trade practices. Consumers like Philemon and Schoeman rely on the NCR to hold unscrupulous dealers accountable and to secure justice. If you ever find yourself in a similar predicament, remember that the NCR is there to protect your rights and ensure that justice is served. A de Bruyn Attorneys can assist you through the process.