Car giving you trouble?
DON’T PANIC: FOLLOW THE ADVICE IN THIS ARTICLE TO RESOLVE ANY PROBLEM THAT ARISES
The Automotive Industry Code and the ombudsman of Miosa can help.
Car complaints are a big headache for consumers because a car is one of the most expensive things they will buy and cash-strapped consumers can not afford to pay if a car repair goes wrong or a used car is not as spotless as the dealer said.
The South African Automotive Industry Code and accreditation of the alternative dispute resolution scheme administered by the Motor Industry Ombudsman of South Africa (Miosa) regulate how to complain about the motor industry and how these complaints are resolved.
Adhering to the code is not voluntary and the code applies to the whole motor industry. According to Miosa’s latest annual report, it received 7 671 complaints in the last financial year. Most of these were about vehicle engines (2 164), second most about contract issues (1 714), followed by legal issues (1 434), vehicle body issues (530), gearbox (499), poor customer service (481), wheels (267), interior (233), service (200) and electrical issues (149).
The South African Automotive Industry Code was created to:
regulate relations between people doing business in the automotive industry;
provide for a scheme of alternative dispute resolution between
participants in the industry; and
create an industry ombud to provide alternative dispute resolution services.
The code covers the automotive industry’s supply of goods and services to consumers. It includes importers, distributors, manufacturers, retailers, franchisors, franchisees, suppliers and intermediaries who import, distribute, produce, sell or supply passenger, recreational, agricultural, industrial, or commercial vehicles. This includes trailers, trucks, motor cycles, quad cycles and internal combustion propelled engines for boats.
The import, distribution, manufacture, retail or supply of completed components and accesso
for these vehicles fall under the code, as do repairs or services, modifications, conversions and adaptations of these vehicles.
The code applies to the entire automotive industry and is part of the regulations of the Consumer Protection Act (CPA) promulgated in 2008.
Requirements to protect consumers
All individuals and businesses in
the industry must follow the purpose and policy of the Act, refrain from prohibited conduct and protect consumers from: unconscionable conduct;
unfair, unreasonable, unjust contracts and contractual terms;
unfair, unreasonable, unjust or otherwise improper trade practices; and
deceptive, misleading, unfair or fraudulent conduct.
They must have internal complaints handling processes (including an internal complaint handling department), a complaints resolution procedure and the complaints process the consumer should follow. Staff must be trained on the CPA and its regulations and the Code, generries al principles and procedures for effective handling of complaints.
Complaints and disputes must be resolved according to the spirit and provisions of the Code and the CPA and the spirit and provisions of dispute procedures. Industry members must make every reasonable effort to resolve complaints within 30 days.
Miosa can act against industry members who fail to comply with the code or refer complaints about noncompliance to the NCC, that can lead to the issuing of compliance notices that can end up with a ruling by the National Tribunal, which can have major financial implications for industry members.
How to complain
Complain to the company or trade association the supplier belongs to first. It must respond in writing within 10 days;
If the company cannot resolve your complaint within another 10 days, the company must let you know why in writing;
You can then file a complaint in writing with Miosa;
However, if you believe that complaining to the supplier first will cause undue harm or prejudice, the complaint can go directly to Miosa.
The company has to respond to Miosa within 10 days and if it does not, Miosa will issue a ruling. Consumers must also comply with the provisions of the code, such as complaining in writing and disclosing all relevant information.
Visit the Miosa website at www. miosa.co.za to complain online or find contact details.