According to its website, the NCT operates in terms of section 149-150 of the National Credit Act 34 of 2005, which has provisions similar to those found in the CPA.
“We will therefore not be held liable to repair or refund the applicant’s motor vehicle compact disc player as the warranty does not allow for this due to it being tampered with after delivery of the vehicle. This is based on an investigation by one of our trained technicians,” he said.According to the case document, no representative from the dealership attended the hearing, of which notice was given on May 30 2019.
The tribunal dismissed the respondent’s allegations of tampering: “Other than the respondent’s ‘say so’, no evidence upon which the tribunal can rely of possible tampering with the compact disc player is before the tribunal. In the absence of clear evidence of tampering with the compact disc player, any such statement of tampering is further found by the tribunal as merely an uncollaborated statement.
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