Khonthothong v 2 Cheap Cars Limited - Reference No. MVD 416/2021 [2022] NZMVDT 96 (27 May 2022)

Last Updated: 19 July 2022

IN THE MOTOR VEHICLE DISPUTES TRIBUNAL

I TE RŌPŪ TAKE TAUTOHENGA Ā-WAKA

MVD 416/2021
[2022] NZMVDT 96

BETWEEN PHIMPHONE KHONTHOTHONG

Purchaser

AND 2 CHEAP CARS LIMITED

Trader

ON THE PAPERS
MEMBERS OF TRIBUNAL

J S McHerron, Barrister – Adjudicator
A B Cate – Assessor

DATE OF ORDERS 27 May 2022

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FINAL ORDERS OF THE TRIBUNAL

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[1] In a decision dated 18 May 2022, the Tribunal upheld Phimphone Khonthothong’s application related to her Nissan Juke. In terms of the remedy, the Tribunal offered 2 Cheap Cars the option to arrange itself for the vehicle’s transmission to be replaced, or to pay Ms Khonthothong the cost of the repairs according to a quote her daughter obtained.
[2] On 25 May 2022, 2 Cheap Cars advised the Tribunal that it has decided to repair the vehicle itself. I understand the $132.25 that the Tribunal ordered be paid to Ms Khonthothong has now been paid and received.
[3] Accordingly, I make the following orders:

• (a) 2 Cheap Cars Ltd must arrange for the vehicle’s transmission to be replaced, at its expense, with a transmission from a vehicle with the same or lower odometer reading as Ms Khonthothong’s (with at least a 12 month warranty on parts and installation).
• (b) All receipts for the repairs must be provided to Ms Khonthothong.
• (c) The repair must be carried out no later than 24 June 2022 (unless 2 Cheap Cars requests and is granted an extension by the Tribunal before that deadline expires).
• (d) A loan vehicle is to be made available to Ms Khonthothong if required for the duration of the repairs.
  

J S McHerron
Adjudicator