Gauteng supplier fined R75,000 for fitting wrong engine and ordered to refund owner with interest

A Pretoria-based motor parts supplier has been ordered to return a customer’s vehicle, refund a deposit with interest and pay a R75,000 administrative fine after a tribunal found it supplied the wrong engine, unlawfully withheld the vehicle and breached the Consumer Protection Act (CPA).

What happened

The case began with a complaint lodged by Happy Nkuna with the National Consumer Commission. In September 2019 Nkuna contacted Spares for Africa CC to buy and have an engine for his 2017 Ford Focus installed. He was quoted R25,092.50, including installation, and paid a R5,000 deposit. The balance was to become payable only after a test drive and customer satisfaction.

The supplier collected the vehicle the day after the deposit was paid and took it to a third‑party workshop. The installation took about nine months. When Nkuna test‑drove the vehicle in June 2020 he believed its performance did not match that of a Ford Focus and was told that a Ford Fiesta engine had allegedly been installed instead.

Tribunal findings

The National Consumer Tribunal examined evidence including WhatsApp messages and invoices. It found that Nkuna had specifically requested a one litre EcoBoost engine for a Ford Focus, but that the supplier’s invoice referred to a Ford EcoSport engine and the supplier failed to prove the engine fitted was compatible with the Ford Focus or that it was the EcoBoost engine requested.

The tribunal therefore concluded the supplier had installed an incorrect engine and had misled the complainant by not correcting his belief that a proper Ford Focus engine was being fitted.

Unauthorised additional work and charges

The tribunal criticised the supplier for charging Nkuna for additional parts and services without providing quotations or obtaining authorisation, as required by the CPA. It found no evidence Nkuna had requested or approved the additional work and ruled those goods and services were unsolicited. The cost of the additional parts and services exceeded R25,000, which the tribunal noted was more than the value of the original engine installation agreement.

Breaches of the Consumer Protection Act

The panel found Spares for Africa had contravened the CPA by:

• Accepting payment while intending to supply goods materially different from those agreed
• Failing to perform the service within a reasonable time
• Failing to provide services of an acceptable quality
• Installing goods not of the quality reasonably expected
• Refusing to return the customer’s vehicle in the condition it had been received

The tribunal described the company’s conduct as unfair, misleading and unconscionable and said the respondent had taken advantage of the complainant’s vulnerability.

“The respondent took advantage of the vulnerability of the complainant,” the tribunal said, adding that its conduct frustrated the purpose of the CPA and “should be condemned.”

Penalties and orders

When setting a penalty the tribunal noted the complainant had been deprived of his vehicle since September 2019 and had suffered significant prejudice. The National Consumer Commission had sought a R1 million administrative fine, but the tribunal said insufficient evidence was presented about the company’s financial position or profits and instead imposed a R75,000 administrative fine.

The tribunal ordered Spares for Africa to:

• Return Nkuna’s vehicle, fully assembled and in at least the same condition as when it was collected, within 30 days
• Refund the R5,000 deposit together with interest calculated from 19 September 2019 until payment
• Pay the administrative fine of R75,000 into the National Revenue Fund within 90 business days

Investigation cooperation

The tribunal also noted allegations that the supplier failed to cooperate fully with both the National Consumer Commission and the Motor Industry Ombudsman during the investigation.

The ruling was published by the National Consumer Tribunal and reported in IOL News.