BMW dealer sends team of armed men and chopper to collect courtesy car.
BMW Auto Umhlanga in Durban, South Africa, retrieved the loan car from a customer whose new BMW 320d had been returned to the dealership with claims it was defective.
“I noted certain defects, including that the doors were not aligned properly and that the air conditioner was not working. I returned the vehicle to the dealership,” the customer, Ravindra Jainarain, is cited as explaining in a news report on South Africa’s IOL.
“However, the vehicle was not fixed to my satisfaction and (BMW) did not give me any explanation as to how such defects could be present (in) a new car. I requested that they take the vehicle back and give me another new vehicle.”
While the dealership was deciding what they would do about Jainarain’s car, they lent him a BMW 325 in March. However two weeks ago, after the dealership had declined to replace Jainarain’s car – and he had in turn declined to return the loaner – an armed Netstar car tracking team with Airwolf helicopter back-up was sent to retrieve it.
The IOL report cites Jainarain as saying the “aggressive and arrogant” Netstar team barged into his office with guns and forced him to hand over the car. “I am paying monthly instalments for a car I am no longer in possession of or am using. If the loan car is given back to the dealership I will be forced to hire a vehicle at my own cost,” he said.
A court has ordered that the loan car be returned to him, but the dealer has filed a counter claim to get it back. The dealership’s principal, Brenton Cole, has denied in an affidavit that Jainarain was unlawfully dispossessed of the BMW 325 and that he was given the loan vehicle for the term of the dispute.
“The applicant (Jainarain) requested the new BMW to be replaced because of the repair work to the air conditioner. I explained to him that BMW South Africa would have to make the decision on whether to replace the vehicle and it would have to be inspected. “He left the vehicle at the dealership and I provided a loan vehicle to use while we waited for BMW South Africa’s decision.
“The applicant has three years to institute action. It may take years to be resolved, therefore it is absurd that we would give him a loan vehicle for so long.” Both cases will be heard within weeks. In the meantime, the car stays with Jainarain.
http://www.carsguide.com.au/news-and...ar?origin=hpc2