Hyundai Ordered to Refund R667K for Selling Wrong BMW Model

In a significant ruling, the National Consumer Tribunal has ordered Hyundai N1 City to refund R667,013.03 to a customer after the dealership sold him a wrong vehicle model. The customer, Sylvester Henry Bartes, purchased a pre-owned BMW in Cape Town in August 2022, believing he was getting a BMW 3 Series Mzansi edition, only to later discover it was not the model he had been promised.

Bartes had paid a deposit of R50,000 for the vehicle, which included delivery, tracker, registration fees, and VAT. However, after his vehicle’s carbon front splitter was damaged in November 2022, Bartes sought a quotation for repairs from BMW South Africa (SA), where he learned the car was not a Mzansi edition. He also found that some parts of the vehicle were not genuine BMW components.

The dealership, while admitting the mistake, claimed it was an honest error during an inventory reorganization, leading to an incorrect stock code being applied to the car. Despite this, the dealership argued that Bartes was not financially harmed as he was charged for a lower-level BMW model, not a Mzansi edition, which would have cost an additional R100,000.

However, the tribunal found that Hyundai N1 City’s actions violated the Consumer Protection Act (CPA), as they failed to correct the misrepresentation of the vehicle’s model. As a result, the tribunal ruled that the dealership must cancel the sale and refund Bartes the full amount, including the costs associated with the vehicle’s delivery and registration.

In a final decision, the dealership was ordered to collect the vehicle at their expense and reimburse Bartes R667,013.03, marking a win for consumers facing misrepresentation in the vehicle market.

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