The Motor Industry Ombudsman considers complaints using the provisions of the Consumer Protection Act. Image: iStock
Have a look at some of the cases the MIOSA reported in its newsletters to see how the CPA is used to protect consumer rights.When a used car cannot be repaired Subsection 3 of the same section states that if a supplier repairs any goods or any component of any such goods and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must replace the goods or refund the consumer.
This means that the dealership infringed on the consumer’s rights in terms of sections 48 and 51 of the CPA, by limiting the recourse the consumer might have in terms of the Act. The MIOSA directed the dealership to assess and repair or replace the gearbox at no cost to the consumer.A consumer who bought a truck from a dealership returned it and asked that the sales agreement be cancelled.
When a used car he bought broke down a day later, a consumer had a repairer of his own choice repair the fuel gauge and alternator wiring, without letting the dealership know.
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