Lessons in Accountability: BMW Dealership Penalized for Repair Negligence

The National Consumer Tribunal has fined BMW dealership Supertech Motor Holdings R20,000 following a complaint about substandard repairs made to a customer’s vehicle.

The case was initiated by the National Consumer Commission (NCC) after Nomtshato Cynthia Lutu lodged a complaint about her 2008 BMW 323i. In October 2021, Lutu approached the dealership with concerns about oil leaks and power loss. The dealership diagnosed the issues and quoted her over R19,900 for the necessary repairs.

Satisfied with the quotation, Lutu authorized the repairs and collected her vehicle in November. However, after driving just 10 km, she noticed oil smells and smoke emanating from the vehicle. Alarmed, she contacted the dealership, which sent a driver to retrieve the car.

Upon the vehicle’s return to the dealership, the engine was found to be covered in oil, and the car caught fire. While the fire was extinguished, the dealership manager informed Lutu that some non-original parts had been fitted and suggested she sell the car.

Unhappy with this response, Lutu filed a complaint with the Motor Industry Ombudsman of South Africa (MIOSA), which recommended the dealership repair the vehicle. Despite repairs in December 2022, the car remained inoperable due to a blocked catalytic converter, prompting the dealership to quote Lutu over R144,000 for additional repairs.

Supertech argued that the vehicle, a 2008 model, had been involved in an accident in 2010 and had its service contract suspended in 2011. They stated that older vehicles require more attention and original parts might not be readily available.

The dealership also claimed they informed Lutu about further required tests during the initial repair process. After the vehicle caught fire, they replaced and repaired components per MIOSA’s recommendations and argued the car was subsequently repaired, but Lutu refused to take it back.

The tribunal ruled that Supertech failed to repair the vehicle with the standard of quality consumers are entitled to expect. It criticized the dealership for accepting payment and releasing the vehicle while knowing it was not fully operational.

“The fact that the vehicle manifested the same problems the dealership was supposed to repair demonstrates a failure to meet expected repair standards,” the judgment stated.

Orders and Penalties

The tribunal directed Supertech to:

• Properly complete all repairs initially paid for by Lutu.
• Pay a R20,000 fine to the National Revenue Fund.

This case underscores the importance of holding service providers accountable for delivering quality repairs and ensuring consumers receive fair treatment. The judgment serves as a warning to businesses to prioritize professionalism and transparency when dealing with customers.

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