Selling credit life insurance with retrenchment and disability cover to pensioners and disabled persons – who cannot meet the claim requirements – breaches the National Credit Act.
The Tribunal orders Cape Town Motor Repairs to refund a customer and pay a R100 000 fine after failing to complete vehicle repairs within the agreed timeframe.
The judgment addresses several aspects of the National Credit Act, including the obligation to register as a credit provider and permissible interest charges.
The suppliers, which abandoned a home renovation and denied a refund for a defective vehicle respectively, were also fined a total of R250 000.
The Consumer Protection Act requires suppliers to perform services in a manner that meets the reasonable expectations of consumers.
Fees in separate agreements between a service provider and consumers are not automatically illegal, provided they are kept separate from the fees regulated under the credit provider’s agreement.
The NCC has prioritised the second-hand motor vehicle industry due to the high volume of complaints from dissatisfied consumers.
The Consumer Protection Act prescribes that consumers receive goods that are fit for their intended purpose, of good quality, and durable for a reasonable time.
When seeking compensation from an insurer because of alleged third-party negligence, the best course of action is to pursue the matter in court, the National Consumer Tribunal says.
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