Total unwillingness to fix an ongoing problem and ducking now out of warranty

I have a three year ongoing issue with Hyundai. The facts in my mind are simple and I will break it down in a quick format then add what I got back from Miosa where Hyundai have **** to them saying the unit is fixed. Brought Hyundai Elantra, Ex demo 2000km 3 years ago, now on 166,000km and out of warranty. First service I complained about fault on the GPS unit throwing up an error code Auto Detecting GPS unit, this same fault has been reported at every service and is intermittent, The unit has been taken away twice and a new ariel fitted, to date, it is still randomly throwing up the self same error code and the unit stops working, They are now willing to assist at all. Please see report from miosa 31 May 2021 ***/KM Mr Grant Miles Neve Email: ***

Dear Mr Neve, Re: HYUNDAI SOUTH AFRICA , HYUNDAI ELANTRA, HJ19DYGP You are kindly referred to the complaint lodged with the office of the Motor Industry Ombudsman of South Africa (MIOSA).

The MIOSA represents neither industry nor the consumer. It utilises good engineering practice, good customer care practice, good legal practice, and natural justice as a basis in its deliberations.

Parties: Mr. Grant Miles Neve, herein referred to as the complainant, lodged a complaint with the Motor Industry Ombudsman of South Africa (MIOSA) on the 25th of November 2020, against Hyundai South Africa, who in the ordinary course of their business is the retailer of vehicles at No. 2 Norman Rd, Bedfordview, Germiston, 2008, herein referred to as the respondent.

Summary of transaction: The complaint is regarding the GPS malfunction reported since 2018 on the said vehicle and the problem persisted.

Complainant allegations: The complainant stated that he reported a faulty GPS unit on his 2017 Hyundai Elantra model during April 2018, during the 15000 kilometres service and since then the problem persisted till to date. According to the complainant, the said vehicle has been in and out to the workshop for the same problem and now the manufacturer’s warranty had lapsed on the said vehicle. The complainant approached the Motor Industry Ombudsman of South Africa (MIOSA) seeking relief in terms of the provisions of the Consumer Protection Act No. 68 of 2008 (the Act), and wanted the manufacturer to replace the said GPS unit.

Respondent's response: The respondent advised this office that the last time the said vehicle was made available, the technician had to reposition the GPS antenna and it was confirmed that it was working and picking the satellite.

Investigation by the MIOSA: In terms of s 56(1) of the Act, states that, in any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in Section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control of the producer or importer, a distributor or the retailer, as the case may be. The complainant could not furnish this office with any supporting documents such as the technical report or estimate as proof. The respondent further stated that they have taken all necessary steps to resolve the GPS concern and therefore, they are of the opinion that the Complainant is not entitled to the relief set forth on Assistance request form. Considering the above and due to lack of supporting documents, the MIOSA believes that the respondent acted in accordance with their terms and conditions of a warranty and therefore, we cannot be held for the GPS unit replacement.

Recommendation by the MIOSA: With the above in mind, the office of the MIOSA concludes that we cannot support the expectations of the complainant as stipulated in his submission.

VERY IMPORTANT NOTICE

Should the consumer decide to lodge a complaint with the National Consumer Commission (NCC) a copy of the MIOSA case file, free of charge, will be supp**** to the consumer which must be filed with the complaint at the offices of the NCC. In the event of no further communication being received from the consumer within 7 days from date of the recommendation letter the MIOSA file will be closed.

Yours sincerely SK Makatu Case Manager K Brandt Senior Case Manager This letter is signed via electronic signature CC: HYUNDAI SOUTH AFRICA Email: ***

Board of Directors: Chairman: Dr. M. Phosa Executive Directors: JL Krause, JHL van Vreden (Ombudsman) Non-Executive Directors: I Opperman, D Terblanche, S Tleane