The consumer’s issue:
“I purchased a brand-new hatchback from a local dealership. However, a week after buying the car, I noticed that the leather on the steering wheel began to fade and appear worn.
I therefore took the vehicle back to the retailer to show them the condition of the steering wheel. They said it was the result of external influence and not a manufacturing defect. Because of this, they refused to replace the steering wheel. This was a less than satisfying response considering that my car was new.
As a resolution to my complaint, I am looking for the part to be replaced under the manufacturer’s new car warranty at no cost to myself.”
The accredited business’ response:
- We received notification from the consumer regarding an issue with the leather on the steering wheel.
- We investigated the matter, but found no indication or evidence that suggested that the fault was caused by a manufacturing defect.
- As a result, we declined the consumer’s claim for the replacement of the part, as we believed the wear on the steering wheel leather was due to external influence.
- For this reason, we do not consider ourselves to be liable for this complaint, nor have we breached our obligations towards the consumer.
The adjudication outcome:
- The Motor Ombudsman adjudicator pointed out that the burden was on the consumer to prove that the damage to the leather steering wheel was due to a build defect, and that the repair should be covered under the manufacturer’s new car warranty.
- It was noted that images of the steering wheel were submitted, but aside from this evidence, there was insufficient documentation or independent technical evidence to demonstrate that the cause of the fault was due to poor workmanship or materials used during the manufacturing process.
- Therefore, no breach of The Motor Ombudsman’s New Car Code was found, and the manufacturer was not obliged to replace the steering wheel under the terms of their warranty.
- As a result, the consumer’s complaint could not be upheld in their favour.
Conclusion:
- The business agreed with the adjudication outcome. The consumer did not respond or provide any additional evidence in support of their complaint, and the case was closed.