OMBUDSMAN RECOMMENDATION

ITS OVER 24 HOURS, OMBUDSMAN IS YET TO RESCIND THE RECOMMENDATION AS REQUESTED BY CUSTOMER KINDLY ADVISE CUSTOMER URGENTLY PLEASE

Good day Thank you for your email. The model type is irrelevant and considered a typo as some of the documents submitted reflects a E200, being the trade in vehicle. The contents of the letter remains the same and the resolution thereof. We do not recommend a replacement vehicle, but rather the cancellation as directed on the recommendation letter. I hope you find the above in order, alternatively you may refer the matter to the National Consumer Commission (NCC).

Kind regards

Subject: MIOSA RECOMMENDATION

Please rescind the award communicated in the Miosa recommendation letter dated 20 Apr 2022 below ,Ref 378317/KB AND substitute it with a brand new Mercedes -Benz C200 of year model 2022, same specifications as the manufacturer malfunctioned internal component replacement car.

The above is said as the award contains obvious errors that made the award improper on account of material defects.

The complaint is about a brand new Mercedes Benz C- class known as C200 of 2022 year model that malfunctioned on its10th day due to manufacturers malfunctioned internal component AND NOT Mercedes- Benz E- class nor Mercedes- Benz E200,

Furthermore, COMPLAINANT NEVER purchased a new Mercedes - Benz E200, year of first registration 2022.

The explanations above vilified the award.

In conclusion, please note that all relevant parties have been copied for their urgent information and intervention.

Thanking you in advance of your anticipated cooperation.

FOUNDER MEMBER OF THE OMBUDSMAN 20 Apr 2022

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Re: MERCEDES-BENZ SOUTH AFRICA LIMITED , MERCEDES-BENZ E-CLASS

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:

The customer

herein referred to as the complainant, lodged a complaint with the Motor Industry Ombudsman of South Africa (MIOSA) on the 21st of February 2022 against Mercedes-Benz South Africa who in the ordinary course of their business is a retailer, service provider and manufacturer, herein referred to as the respondent. Summary of transaction: The complainant purchased a new Mercedes-Benz E200, year of first registration 2022.

On the 26th of January 2022. The transaction was paid in cash. Complainant allegations:

The complainant alleges that soon after taking delivery of the vehicle it had an “internal component fault” and she notified the respondent of the same, with the selling dealership. Other concerns raised, roadside assistance was not reliable, no courtesy vehicle provided, no invoice or receipt supp****, no service booklet supp****, no owner’s manual supp****, and the vehicle was delivered in a dirty condition. The complainant wants the respondent to replace the vehicle. Respondent's response: The respondent has made an offer to the complainant (Annexure “A”).

The offer was made without prejudice. The vehicle should be released by the complainant for assessment and then the following options would be offered:

Thereafter, the vehicle will be assessed and if it is found that the alleged defect falls under the manufacturer’s warranty, the respondent will provide a full refund on the vehicle.

If it is found that the alleged defect arose out of human error, the respondent will refund the purchase price, less the cost of repairing the vehicle.

Investigation by the MIOSA:

The office of the MIOSA has studied the submissions made by the parties concerned and will comment that in terms of section 56(2) of the Consumer Protection Act No. 68 of 2008, the complainant had a six (6) month imp**** warranty from the date delivery was taken of the vehicle. The respondent has comp**** with the said Act by attending to the concerns raised. Furthermore, the offer made by the respondent is considered to be fair and a viable solution to the dispute at hand. 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 her submission to have the said vehicle replaced. However, it is the MIOSA’s considered opinion that the cancellation of the sales agreement with the above terms is the best outcome for both parties involved. It should be noted that the respondent has the right to deduct costs as suggested in their offer, in terms of section 20(6) of the Consumer Protection Act No. 68 of 2008. The respondent should implement the cancelation process within fifteen (15) working days upon receipt of this letter. 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.