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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1264
Experience:  BCom; LLB; Masters in Law
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Consumer proctection act i took my car annual service to the

Customer Question

consumer proctection act
i took my car for normal annual service to the dealership 22 February 2016. I got it back the same day on my way home less than 10km from the dealership airbag error sign light on. Took it back the following day. Same thing happened in less than 10km engine light on. Again the following day took it back and complain to the service manager who promissed they will look in to the problem.
The car was diagnose and was quoted R9129 for the high presure fuel pump & fuel pump . Warranty paid R6000 and i had to pay the balance .
After the repairs were done the car still had the engine light on.
Ever since the car is still with the dealership for the same problem they took it in for. A month later was told there is a noise from the engine. Now 3 moths later they quoting me again for R 21100 over and above the amount of R10 550 paid by the warranty.
My argument is i took my car to them with no problems. There was no noise from the engine and the ECU was not faulty. Because if this parts were faulty i should have been told about it when the car was serviced and after the diagnose was done. i find it unfair for me to pay for another quote as i have already been quoted. clearly their is something they doing wrong for my car to continuesly have problems. The more they work on it the more the problem.
what are my right on this matter?
Submitted: 5 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 5 months ago.
Hi there and thank you for your question,I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.The consumer protection act (CPA) says that you have the right to receive goods which are reasonably fit for the purpose that it was intended, and it says that there has to be a warranty on all goods for a period of 6 months from date of purchase. Anything over and above that is not included in the CPA. I hear what you're saying about the faults, and the fact that your car appears to get worse each time they work on it, but can't you take your car to another dealer for repairs? Maybe this dealer is just providing poor service. Maybe your car just has a couple of problems and they all appear to be coming out at once? The thing is that your warranty is covering some of your charges - you're just left with the balance of charges. If you feel that you have a good case to make out that before you took your car in the ECU (or whatever) was working but after you got your car back the ECU broke, and you can ask an electrician to testify in court that the garage was the cause of the breakage, then you could sue the garage for the repair costs. You'll need to be able to prove that the garage was the cause of the breakage on a balance of probabilities - which is quite a low threshold. But you will need the proof, and you'll need an attorney, and you'll need to pay the attorney to run your trial for you.So maybe you should just get the car fixed and then sell it? Or, maybe you get it fixed and then it works perfectly for the next 10 years. I don't know. But I've explained your rights, and I've suggested litigation if you can prove that the garage was the cause of the further faults. If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer! Good luck and best regards,CaseLaw