Question posted in the Consumer Protection Law category relating to Gauteng
Question value: R 450.00
We bought an iSuzu Double Cab from Eagle Canyon iSuzu in Johannesburg in February 2019, it had just over 50,000km on the clock and as such still has the manufacturers warranty as was confirmed by the dealership. In February this year, 2020, on my way to work the iSuzu broke down. It was towed to Eagle Canyon iSuzu, and the breakdown was as the result of a hydraulic lock, which snapped the crank and seized the engine. iSuzu initially didn't want to replace the engine under warranty as they told us that there is evidence that we submerged the engine under water, which is not true. We had to pay for an expert mechanic to come with us to iSuzu who then asked the appropriate questions to prove that we didn't submerge the engine. The mechanic also picked up that the engine had been opened up before. iSuzu then went back in the vehicle history, and found that the previous owner in Rustenburg had caused damage to the engine that iSuzu wasn't willing to repair under warranty. Randburg iSuzu then had the car towed to their premises where they did repairs to the engine, but they never voided the warranty with iSuzu.Based on this information, iSuzu went ahead and replaced the engine with a refurbished engine (after we were initially told they will replace it with a new engine) under warranty and the car was returned to us beginning March/end Feb. Within a week we sent the car back as it had no power, at which point iSuzu replaced the turbo. We then went into lock down, and within the first week of lock down the car wouldn't start. They came to fetch the battery, charged it and then brought it back and the technician installed the battery and we took it for a 20km drive to charge the battery. Within a week the car wouldn't start again. iSuzu then forced us to pay for a new battery which they installed Tuesday 26 May. The car took long to start and smoked, the technician still made a comment that this shouldn't happen. We took the car for a 20km drive to run the car and charge the battery, but the next morning the car wouldn't start again. The technician came again and after pumping a little diesel pump by hand, the car started. He said that he believes the problem is with the fuel regulator pump. We took the car back to iSuzu on Friday 29 May. We have asked that they take the car back and settle my outstanding payment on numerous occasions. When we went to see the dealer principle at the start of all these problems, he was comfortable that if we wanted he would buy the car back and settle the car. Since the lockdown he has changed his story that he will only settle for R300,000, due to market conditions and COVID19 - this leaves us with a R35,000 shortfall. If we buy another car, he won't load the new car with the outstanding balance, but I'm not really interested in buying another car from this dealer. The dealer principle has indicated that according to CPA all that is required of him is to honor the warranty which expires in January 2021 after which we are stuck with a vehicle that was sold to us with defects. Can we claim from iSuzu to settle our car or re-imburse us the purchase price of the car based on the fact that they sold us a defective car?