A consumer took his car for repairs at a car repair company. The car in question was overheating and needed to be fixed. The mechanic changed the car’s fan switch. However, the problem was not resolved as the car kept overheating.

Every time the consumer took the car back for repairs he was charged additional fees, which in total amounted to €471.35. The problem remained unresolved and so the consumer decided to take his car to another company which carried out the required repairs and solved the overheating problem.

The consumer felt that since the first trader did not manage to identify the car’s problem and fixt it, he should be fully refunded for what he paid. He therefore made a request for refund which the trader refused. At this point the consumer lodged a complaint with the Office for Consumer Affairs. Conciliation was carried out between the two parties but unfortunately the trader still refused to refund the money to the consumer. At this point the consumer opted to take his case to the Consumer Claims Tribunal.

The tribunal notified the trader about the complaint against his company but the latter neither submitted a reply nor attended the tribunal’s sitting.

During the sitting the tribunal listened to the consumer’s testimony and also took into consideration the documents presented by the consumer. The evidence showed that the first company did not carry out the service it was paid for but the car was in fact repaired by a third party. Hence, the first company engaged to repair the car did not manage to identify the problem and did not provide an effective solution.

After taking into consideration the consumer’s testimony and the evidence presented during the sitting, the tribunal ruled in favour of the consumer and ordered the company in question to refund the sum of €471.35 to the consumer – plus the expenses the consumer incurred in  submitting his case in front of the Consumer Claims Tribunal.