Durban - A Chatsworth man has lost his bid to keep a courtesy car he was lent by the BMW Auto uMhlanga car dealership after a Durban High Court ruling went against him on Thursday.
Ravindra Jainarain, an admin clerk, brought legal action against the dealership, claiming it had sold him a “defective” new vehicle and then demanded its loan vehicle back from him.
Jainarain secured an interdict to have the vehicle returned to him, but the dealership launched a counter-application to get the car back.
On Thursday, Acting Judge Nalini Govender ruled in BMW’s favour and ordered that Jainarain could not keep the vehicle.
“There has been no defence as to why [Jainarain] should keep the vehicle.”
However, she also ruled that BMW could not unlawfully remove the vehicle from Jainarain.
In court papers, Jainarain said he bought a “brand new” BMW 320D from the car dealer in November but the car had defects – the doors were not aligned properly and the air conditioner was not working.
Jainarain said the dealership then lent him a BMW 325 in March to use while the dispute was being resolved.
But five months later, BMW sent a Netstar recovery team to Jainarain’s workplace in central Durban to recover the car.
On Thursday, acting for BMW, advocate Joe Wolmarans argued it would have been absurd to agree for Jainarain to have use of the car for five years.
“The dealership has the respondent’s vehicle but he still owns it and can pick it up when he wants to. He is in possession of a vehicle he shouldn’t have.” - The Mercury