Pastor driven round the bend as dealership refuses to refund him
Seller offers R10,000 for new engine that costs R40,000
The excitement of owning a car after months of being a pedestrian got the better of 68year-old Thembane Masheqa.
It was love at first sight for Masheqa when he spotted a Nissan Sentra at a car dealership in Klerksdorp, North West. However, he still regrets his R120,000 impulsive purchase because the car broke down after two days of driving and the dealership has not refunded him.
The Consumer Protection Act states that “within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either [a] repair or replace the failed, unsafe or defective goods or [b] refund to the consumer the price paid by the consumer, for the goods”.
Masheqa, from Alabama township in Klerskdorp, has been on the market for some time after his son gave him money to replace his old car, which had broken down for months, forcing Masheqa, a pastor, to rely on public transport.
On December 13, Masheqa visited Berea Motors and spotted the black Nissan Sentra, a 2013 model. The car had 298,870km on the clock.
“I fell in love with that car immediately. I had been to about 10 dealerships to look for a Toyota Quest but it was too expensive for me. But I loved the Nissan and I immediately transferred the R120,000 to the dealership and bought the car. I was excited. I didn’t even request a test drive. I regret not doing so,” Masheqa told Sowetan Consumer.
He took possession of the vehicle and made his way home, about 20km from the dealership.
“Within 10km of driving it, the yellow engine light came on. The car started to lose power. I drove slowly until I reached my house and I then called the dealership and told them about the engine. The next day, I had to drive 60km to Bothaville, Free State, to collect my son’s school report. The dealership owner had said I can still drive the vehicle to the Free State,” said Masheqa.
On his way to Bothaville, the car lost power again but he made it to the school where the engine finally gave up and he had to call the dealership to be towed.
The car was taken to a workshop on December 14 and in January, he was informed that the vehicle would need a new engine.
“The dealership salesman told me he had found an engine but it would cost R40,000 and he’d pay R10,000 and I’d settle the rest. I flatly refused it. He called me again after a couple of weeks and told me that I had to pay the storage fee for the car because the owner of the workshop was harassing him.
“I just ignored him and, instead, I demanded my refund. He has been sending me from pillar to post about my money. My car is still at the workshop,” said Masheqa.
He has since hired lawyer Jones Botman to assist him get his money back.
Botman told Sowetan Consumer that he sent a letter to the dealership seeking explanation on their refusal to pay but the dealership claimed to have not received his letter.
Johan Venter from the dealership said they had given Masheqa the option to buy a new engine. “He is the one who drove the car until it overheated until some components of the engine melted. He was informed about this and what he needs to do ... and the ball is on his court now.”