Car parts dealer ordered to refund buyer
Written by Millennium on July 15, 2019
RABECCA BANDA writes
@SunZambian
The Chilenje Local Court has ordered a Lusaka man to refund the K1, 250 he was paid for car spare parts.
This is in a matter Gilbert Manda, 30, a mechanic of Kanyama Township, sued for refund from Frank Ngwira, 27, a businessman of Mtendere Township, whom he claimed sold him faulty car parts.
The two appeared before senior local court magistrates, Ackim Phiri, sitting with senior local court magistrate Harriet Mbewe.
“My boss and I went to buy car parts at Ngwira’s shop on 21May, 2019. I checked the car parts before paying and they were original and correct. As we were trying to agree on the price, he took the box containing the pistons and rings and left,” Manda said.
“He said he was going to look for other parts that we wanted. We waited, and he returned five minutes later with the same box containing the pistons and rings. I paid a K3, 000 but I didn’t check the box,” he said.
“The pistons and rings didn’t fit on the car, they were different and short. I informed Ngwila but his boss wasn’t around and because of that he said he couldn’t refund me,” Manda said.
“A week later, he started ignoring my calls. I want him to immediately refund me the K3, 000 because I am under pressure from my boss,” he said.
But in his defense, Ngwira confirmed the plaintiff and his boss procured the mentioned car parts from his shop on May, 21, 2019.
“Three weeks later, he called saying that the pistons and rings where not correct. I told that he reported the matter late and that he should return them in the condition they we sold to him for possible replacement or refund” he said.
He said, “I later informed him that my boss refused to refund him because he (Manda) checked the car parts before buying. There was no way they could have been different.”
The court ordered the two share the cost and that Ngwira should pay K1, 250 since they were both at fault.