A Durban man is locked in a dispute with Alpine Volkswagen Hillcrest after his Volkswagen T-Cross R-Line was damaged in a collision while held for mechanical repairs. Owner Sean Rameshar, who purchased the vehicle in August 2025, has continued to pay monthly installments for the car despite it remaining at the dealership since November 2025.
Mechanical Defects and Subsequent Collision
Rameshar initially took the vehicle to the Hillcrest dealership after it developed a heavy shudder and loud noise from the front wheel area. Dealership staff identified a faulty CV joint and advised that the vehicle was not safe to drive. While Rameshar consented to warranty-covered mechanical repairs, the situation shifted when he was informed the vehicle had been struck by another customer’s car.
Dealer Principal Darryl Chetty confirmed the incident occurred on November 6, 2025. According to Chetty, a member of the public bypassed instructions to wait at the entrance and drove into a restricted rear yard where the T-Cross was parked, colliding with the rear bumper and fender.
Disputed Repairs and Valuation Concerns
The core of the disagreement lies in the method of repair. Rameshar rejected initial proposals to perform bodywork and paint blending on the damaged bumper, arguing that such repairs on a nearly new vehicle would negatively impact its future resale value. He requested a replacement bumper and a formal quotation confirming the work would not diminish the vehicle’s market standing.
Chetty stated that the dealership cannot agree to a replacement or cancellation of the finance agreement, as the damage is cosmetic and the dealership was not party to the original sale. The dealership maintains that a manufacturer-approved repairer can restore the vehicle to its pre-accident condition using Volkswagen specifications. Chetty added that fitting a new factory bumper would still require painting and would not guarantee a better color match than a professional repair of the existing part.
Consumer Rights and Custody of Property
Rameshar has invoked the Consumer Protection Act (CPA) to challenge the dealership’s handling of his vehicle. He argues that the dealership failed to exercise the required degree of care, citing CCTV footage that he claims shows his vehicle was parked with the rear protruding outside of a designated bay. He contends that the dealership’s security measures were insufficient, allowing an unauthorized driver access to the restricted area where his car was kept.
The dealership maintains that the offer to repair the bumper is a gesture of goodwill rather than an admission of liability. Chetty noted that the mechanical repairs to the CV joint are complete and the vehicle is roadworthy, though Rameshar has not authorized the bodywork.
Status of the Vehicle and Ombudsman Intervention
The T-Cross remains at the Hillcrest facility. Rameshar has lodged a formal complaint with the Motor Industry Ombudsman of South Africa (MIOSA). The dealership has confirmed its cooperation with the Ombudsman, having submitted an incident report and its formal response to the claims. While the dealership stated it is not charging Rameshar for storage, it emphasized that the vehicle remains on its premises at the owner’s risk until the dispute is resolved.
Dealership stance on bumper repairs and vehicle status
Why does the dealership refuse to replace the bumper? Dealer Principal Darryl Chetty stated that a new factory bumper would still require painting to match the vehicle. The dealership maintains that a manufacturer-approved repairer can restore the bumper to factory specifications, making a full replacement unnecessary.
What is the current legal status of the vehicle? The vehicle is currently at the Alpine Volkswagen Hillcrest dealership. The mechanical repair to the CV joint is complete, but body repairs remain pending due to a lack of authorization from the owner. The matter is currently under review by the Motor Industry Ombudsman of South Africa (MIOSA).
Can the owner hold the dealership liable for the damage? Rameshar is citing the Consumer Protection Act, arguing the dealership failed to exercise reasonable care in storing his property. The dealership maintains its offer to repair the damage is a gesture of goodwill and notes that the owner may pursue the individual driver who caused the collision.
Is the owner still paying for the vehicle? Yes. Rameshar confirmed he has continued to make monthly finance payments for the vehicle for 10 months while it has remained in the dealership’s custody.
Worth a look