By Mary Taruvinga
MDC vice president, Tendai Biti is suing Duly’s Motors for US$60 000 after the car dealer allegedly sold him a faulty brand new Ford Ranger Limited Edition.
The top lawyer says he has never had peace since he purchased the vehicle back in 2013 and regrets having dealt with Duly’s.
To make matters worse for him, Biti says Duly’s replaced the vehicle with another new vehicle which has similar defects in 2017 and is yet to enjoy a ride with the car.
In summons he filed against the car dealer, at the High Court, Biti says he has endured pain, as well as mental and physical abuse after buying the top of range vehicle.
In respect of the suffering he is claiming damages in the sum of $400 000.
“By virtue of the latent defects and defendants breach of warranty relating thereto plaintiff (Biti) is entitled to cancel the agreement between the parties which he hereby does and tender the return of the motor vehicle which vehicle is already in possession of the defendant (Duly),” wrote his lawyers.
Biti added: “As a result of the defendant breach of warranty as aforesaid plaintiff hereby demands the return of the purchase price in the sum of US$60 000.
“Over the years, the vehicle constantly broke down whilst the plaintiff was driving the same in faraway places like Mutare, Murewa, Harare CBD sometimes in the middle of the night thereby causing the plaintiff such humiliation, such pain, shock suffering and mental physical abuse and injuria.”
It is Biti’s submissions that in or around February 2013, he purchased a Ford Ranger Limited Edition for a purchase price of US$60 000 from Duly’s..
He said it was an express terms of the agreement between the parties that the vehicle being brand new would be free of latent defects and fit for use on any public road.
Further it was an express term of the agreement that the defendant would provide a warranty against any defects salient or otherwise on the vehicle for a distance of up to 100 000 kilometres.
According to court papers filed with the High Court, at the time of the sale, and unbeknown to the plaintiff, the motor vehicle had a challenge of overheating with the temperature gauge not reflecting the details.
It also had gearbox defects resulting in the vehicle stalling several times.
Biyi said on various occasions between 2015 and 2016, the vehicle had engine seizures arising from overheating.
This resulted in him replacing new motor vehicle engines on two occasions.
Biti said during the same period, the vehicle continued developing the same challenge of overheating with the result that in 2017, the defendant replaced the vehicle with a totally new Ford Ranger vehicle registration ADL 1761.
Despite the replacement of the vehicle and the fact that the new vehicle has clocked less than 80 000km, he discovered it had the same latent defects of overheating with temperature gauge not reflecting the changes in the temperatures in the engine.
He said the new vehicle has broken down on more than four occasions with the defendant failing to permanently rectify the position.
Biti also said the defects in the vehicle are such that the vehicle can no longer be used on a public road.
He regrets having bought a vehicle saying if he had known, he would not have purchased the vehicle at all.