National Consumer Commission v BAJ Auto Investments (Pty) Ltd t/a Auto Investments Vanderbijlpark (NCT/295854/2023/73(2)(b))
National Consumer Commission v BAJ Auto Investments (Pty) Ltd t/a Auto Investments Vanderbijlpark (NCT/295854/2023/73(2)(b)) [2024] ZANCT 56 (10 October 2024)
The Tribunal found that the respondent contravened sections 51(1)(a) and (b) and 56(2)(a) to (b) read with 55(2)(a) to (c) of the CPA by making the transaction subject to a mechanical warranty waiver that unlawfully deprived the consumer of statutory rights. The vehicle failed within five days of delivery, indicating it was not of good quality or durable as required by the CPA. The respondent's arguments regarding the age and mileage of the vehicle were rejected, as the statutory protections apply regardless of these factors. The Tribunal dismissed the respondent's points in limine regarding…
Source excerpt
- Consumer Protection Act
- Prohibited Conduct
- Warranty Waiver
- Refund Of Purchase Price
- Administrative Penalty