Formal Complaint: Defective Vehicle and Request for Replacement/Refund

I am writing to formally lodge a complaint regarding the Nissan Magnite I purchased from your dealership in Edenvale.

From the very first day of ownership, the vehicle has experienced serious mechanical issues. Initially, the car displayed a fault and was returned to your dealership, where it was “reset.” A few weeks later, the same issue reoccurred, with the vehicle showing an “Engine Fault” warning. Once again, the vehicle was taken in and reset.

Shortly thereafter, the vehicle failed to start entirely, and your team collected it. At this point, it is clear that the vehicle has an ongoing defect that has not been properly resolved. The repeated resetting of the system does not address the root cause and raises serious concerns about the safety and reliability of the car. Additionally, the vehicle has shown signs of overheating under normal driving conditions, which is unacceptable for a car with less than 8,000 km.

I have raised my concerns with your team and formally requested either a replacement vehicle or a full refund. However, I have been informed that the vehicle has been “fixed” and that I should collect it. I do not accept this outcome, given the repeated failures and the risk it poses to my safety and that of my family.

Under the Consumer Protection Act, I am entitled to goods that are of good quality, reliable, and safe. Where a product fails to meet these standards within six months of purchase, I have the right to choose a repair, replacement, or refund. Given the repeated and unresolved nature of the fault, We previously requested the following

A full replacement of the vehicle, or A complete refund of the purchase price.

Furthermore, I am deeply concerned about what appears to be inconsistent treatment. I am aware of a similar case involving another customer with the same fault who was provided with a replacement vehicle without hesitation. The difference in how my case has been handled raises serious concerns that I cannot ignore. I will have no option but to escalate the matter to the relevant authorities, including the Motor Industry Ombudsman of South Africa and the National Consumer Commission, and consider further legal action.