Legal action for damaged goods
Hi, I bought a reconditioned engine from a known and registered company with a three month guarantee. The engine broke down within two months and was my car was vandalized due to it braking down near to a rough neighborhood. When I asked to my money to be paid back they have completely ignored me. Can I proceed to sue for damages and my money for the engine?
Section 56, read with section 55, of the Consumer Protection Act, provides that all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that will be durable and usable for a reasonable period of time. Importantly, if the goods are found not to comply with this requirement then, for up to 6 months after receiving the goods, the consumer has the right to return the goods, or get the goods replaced, or get the goods repaired.
It is obvious that the company is stiff-necked or can I say adamant of its obligation in terms of the law. What you should do is to lodge a complaint with the National Consumer Commissioner, but before you do, inform them of your intention and give them 7 days to take their engine and refund your money in full failure which you will proceed with NCC.