The National Consumer Commission (NCC) has welcomed a high court judgment in a car repair dispute that clarifies when the three-year prescription period begins to run for consumer complaints under the Consumer Protection Act (CPA). The ruling is expected to strengthen the enforcement of consumer rights.The judgment, handed down by the Gauteng High Court in Johannesburg, overturned a decision by the National Consumer Tribunal that had dismissed a complaint against Car Care Clinic Wilrogate, trading as Car Care Clinic Service Centre, on the grounds that it had been filed outside the statutory time limit.The dispute arose after a consumer took a vehicle to the workshop in June 2020 for the installation of a second-hand engine. After collecting the vehicle in July 2020, the consumer experienced a series of defects and returned it for repairs.According to the NCC, the vehicle later displayed a “restricted performance” warning light. The supplier allegedly advised the consumer to ignore the warning, attributing it to a faulty sensor.In September 2020, the vehicle’s engine caught fire while being driven. The car was towed back to the workshop, which conducted an assessment and, on November 13 2020, concluded that a fuel leak had caused the fire. The workshop denied responsibility and refused to repair the damage or provide a remedy.The consumer subsequently approached several dispute-resolution bodies, including the Motor Industry Ombudsman of South Africa (Miosa), before lodging a complaint with the NCC in May 2021.Following an investigation, the NCC concluded that the supplier had contravened section 54(2) of the CPA, which deals with consumers’ rights to quality service. The matter was referred to the National Consumer Tribunal.However, the tribunal ruled that the complaint had prescribed because more than three years had elapsed since the engine replacement was completed in July 2020.The NCC appealed the ruling, arguing that the cause of complaint only arose when the supplier refused to provide a remedy.The high court agreed, finding that the relevant date was November 13 2020, when the supplier formally rejected liability. As a result, the NCC’s referral of the matter to the tribunal on September 15 2023 fell within the three-year period prescribed by the CPA.The court set aside the tribunal’s decision and referred the matter back for a hearing on its merits.Acting NCC commissioner Hardin Ratshisusu said the ruling provided much-needed clarity on the enforcement of consumer rights and reinforced suppliers’ obligations to properly address complaints relating to defective goods and poor service.“The judgment strengthens consumer protection enforcement and provides much-needed clarity on the enforcement of consumer rights in line with the objectives of the CPA,” he said.The NCC said it would continue to hold suppliers accountable for violations of the act.