Numerous CPA violations, not to mention swearing and disrespect!

Hi there

I would like to complain about BJ Panelbeaters, in Pomona, Kempton Park.

My father, who is a pensioner, accepted a quote sent to him by the Panelbeaters' secretary/administration lady after damage to his vehicle in an accident. The vehicle was taken to the panelbeater and 'fixed'.

The first CPA violations were as follows:

1. The consumer must receive a quote or breakdown of his/her financial obligations before entering into an agreement with the supplier, for example, before the supplier starts repairing his/her car or before the supplier installs replacement parts. Do not sign a blank agreement consenting to any unknown repairs or replacements. 2. A supplier must inform the consumer of any assumptions of risks, acknowledgement of facts or indemnities contained in an agreement. Always read an agreement before signing. 3. A consumer may examine anything before s/he pays for it. 4. A supplier may not use force or manipulate a consumer to enter into an agreement, or pay for goods or services.

When my father went to pay the invoice and fetch the car, the owner of the panelbeater then suddenly claimed that the payment on the quote was not enough and that my father had to pay more to get the car back. Also, a POP was not sufficient to take the vehicle, my dad had to wait for the payment to reflect in his account before he was allowed to even get the vehicle keys.

When my father got the vehicle (on a Saturday), he was extremely unhappy with the quality of the work done. He phoned the Panelbeaters and requested that they fix the work, as is his right. He took the car back on Monday this week.

So follows the second round of CPA violations:

1. If the services rendered by the supplier are of poor quality, the consumer may request that the supplier correct his/her mistakes or request a refund. A refund will depend on the extent of the supplier’s mistake. 2. If the goods bought from a supplier are defective (not working properly or is not suitable for the purpose it was bought), a consumer has 6 months from the date of delivery to return the goods to the supplier, at the supplier’s risk and expense. At the consumer’s choice, the supplier must fix the goods, replace the goods or repay the consumer for the price paid for the goods. The voetstoots clause, in other words, take the goods as they are, no longer applies. 3. A supplier may not discriminate against a consumer based on his/her race, gender and so on.

When my father went to check on the car on Wednesday, nothing had been done yet. The extremely aggressive and rude owner of the panelbeaters then said to my dad that nothing had been done as the parts that were used were not bought by them, but my father. (My father had purchased the parts at a lower cost somewhere else and the agreement was that they would use those parts for the work. NO concerns or objections were raised by the Panelbeaters regarding this agreement)

They then refused to fix the work, shouting, screaming and swearing at my father to such an extent that he took the car and left.

He now has defective and unsatisfactory repairs to the car, and no funds/refunds to get the work fixed somewhere else.

In my opinion there was a direct violation of numerous points of the CPA, not to even mention the derogatory statements, swearing and attack on my father's character which violates his basic Human Rights.

I think it is shocking that this kind of behaviour should go unanswered!