The National Consumer Tribunal has fined a BMW dealership, Supertech Motor Holdings R20,000 after a customer's car was not properly fixed by the dealership.

The matter was brought to the tribunal by the National Consumer Commission (NCC) after the owner of the car approached them with a complaint.

In October 2021, Nomtshato Cynthia Lutu took her 2008 BMW 323i to the dealership for a quote and possible repairs because it was leaking oil and losing power.

The dealership diagnosed the vehicle and provided Luty with two quotations which amounted to over R19,900.

Satisfied with the quotation, Lutu authorised the dealership to repair her vehicle.

In November the same year, the dealership called Lutu and told her to collect the vehicle.

She went the dealership the next day and paid for the repairs and collected the vehicle.

After driving the vehicle for at least 10km, she started smelling oil as she did before the repairs and the vehicle emitted smoke.

Out of panic, she stopped and contacted the dealership, and a driver was sent attend to the vehicle. The driver discovered that the vehicle’s engine was covered in oil and drove it back to the dealership.

Upon arrival, the vehicle caught fire, but it was quickly extinguished. The dealership's manager informed her that some of the parts fitted in the vehicle were not original parts and advised her to sell it.

When she realised that the dealership was not willing to fix her car, she filed a complaint with the Motor Industry Ombudsman of South Africa (MIOSA). MIOSA recommended that the dealership to repair the vehicle.

The dealership repaired the vehicle and returned it to Lutu in December 2022.

When Lutu tried to drive the vehicle, she found that it was not working.

She requested the dealership to repair it. The dealership diagnosed the vehicle again and discovered that the vehicle could not operate due to a blocked catalytic converter.

She was then issued a quote for over R144,000 for repairs.

In the application, the NCC said the dealership should at least return Lutu's vehicle in the same condition as it was when she first took it to them.

Furthermore, the NCC wanted the dealership to pay a punitive fine of R1 million.

The dealership opposed the application and argued that the administrative fine was inappropriate since it always tried to assist Lutu and did the necessary repairs.

The dealership said Lutu's vehicle was a 2008 BMW 323i and in 2010, it was involved in an accident.

In 2011, the vehicle’s service contract was suspended by BMW.

Moreover, as an older model, the vehicle requires further attention and original parts for such an older model might not be readily available to conduct repairs, and if the vehicle is out of a motor plan, it might not have been well-maintained.

In addition, the dealership said when Lutu collected her vehicle in November 2021, she was advised that further tests needed to be conducted as it was suspected that the DME had been tampered with previously.

However, Lutu said she would take the vehicle as it was. After the vehicle caught fire, Lutu acknowledged that a third party had replaced the tappet cover before she brought the vehicle to the dealership

The dealership added that after MIOSA’s recommendation, it replaced the metal tappet cover with a plastic tappet cover, repaired the oil leaks, and repaired all related burnt and damaged components. It also resprayed the vehicle’s bonnet as per the MIOSA’s recommendation.

The dealership argued that Lutu's the vehicle has since been successfully repaired, but she was not willing to take her vehicle back.

In its findings, the tribunal said the dealership failed to perform the repairs in a manner and quality that a person is generally entitled to expect.

It was held that the dealership should have conducted a full diagnosis of the faults that needed to be repaired before agreeing to repair the vehicle. Secondly, it should not have asked Lutu to collect her vehicle and receive payment whilst knowing fully well that the vehicle still lacked power and that further tests were still needed.

"The undisputed fact that the vehicle manifested the same problems that the dealership was supposed to repair proves that the dealership failed to repair the vehicle in a manner and quality that persons are generally entitled to expect," read the judgment.

The tribunal ordered the dealership to ensure that all the repairs that Lutu paid are properly conducted.

They were also ordered to pay a fine of R20,000 to the National Revenue Fund.

sinenhlanhla.masilela@iol.co.za

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