A court forced the return of the car a few days later however as the loaner was given while his "defective" BMW was being repaired. The court ruled the customer would get to keep the loaner until the issue was resolved in court.
The customer, Ravinda Jainarain, stated the following, I noted certain defects, including that the doors were not aligned properly and that the air conditioner was not working. I returned the vehicle to the dealership.However, the vehicle was not fixed to my satisfaction and (BMW) did not give me any explanation as to how such defects could be present (in) a new car. I requested that they take the vehicle back and give me another new vehicle.
Jainarain stated the personnel sent to retrieve the loaner were arrogant and barged in barking orders as their helicopter hovered above his workplace. The dealership claims the dispute was resolved and BMW of South Africa would not be giving him a different car than the 320d he purchased. They then demanded the loaner back.
The dealership statement is as follows, "He left the vehicle at the dealership and I provided a loan vehicle to use while we waited for BMW South Africas decision. The matter was concluded and Jainarain was no longer entitled to keep the loaned vehicle. The applicant has three years to institute action. It may take years to be resolved, therefore it is absurd that we would give him a loan vehicle for so long. The vehicle is depreciating from daily use and there is prejudice to the dealership as we cannot sell the loan vehicle to potential buyers. The applicant is also at liberty to collect his vehicle.
We will keep you updated on what happens but this seems like a mess which could have been avoided not to mention the cost of hiring such a team and helicopter probably outweighs the depreciation the car suffered.