The Igbosere magistrate court in Lagos has ordered Coscharis Motors Limited, a leading automobile sales, and servicing company, and Jaguar Landrover Limited to swap the Jaguar XJ 2.0 Sedan Mr. Olusina Sofola, a Senior Advocate of Nigeria, bought from their company to a brand new one.
Mrs. M.O Osinbajo, the magistrate supported Mr. Sofola's claim that the Jaguar he bought as brand new for ₦24 million in December 2016 was purchased with manufacturing defects.
Coscharis has been ordered to replace the Jaguar bought from them with a new one over a defect issue
In their defence, Coscharis had asserted that the said defects which the car had within the three months it was bought by the SAN was as a result of his carelessness.
Sofola told the court that the Jaguar's Chassis number was SAJAA12NIFPV79999 while the engine number was 040914054912204PT. He also stated that the car came with 3 years warranty.
He said he observed that the car's bonnet wasn't closing properly the day it was delivered to him, being December 7, 2016. He lodged a complaint to Coscharis and was told to bring the Jaguar to their Ikeja branch office to be fixed.
According to him, he complied and it was taken to their office, believing that the issue will be fixed once and for all. But not so.
"A few days after, I noticed that the car’s instrument display was showing ‘maintenance due’ sign and the dashboard and other parts of the interior of the car were peeling and were very sticky to touch. immediately,I complained to an official of Cocharis, one Mr Umukoro, who promised to sort out the issues and who further assured me that the defective parts would be ordered and re-installed in the car."
Naijauto learned Sofola returned the Jaguar to Coscharis office in Awoyaya for repairs after a week of acquiring the car.
Sofola went further to narrated that some pebbles cracked the car's windscreen in February 2017 and he took it to Coscharis Ikeja office. There, he was presented with ₦1,097,035.17 as a quotation to replace the windscreen and other damaged car parts as well.
"Upon the return of the car to me, I noticed that the interior part of the car earlier complained of were worse than when I initially complained of them and upon closer inspection, I discovered that someone had attempted to paint the interior parts or panels complained of to make them appear new.
I also noticed that the windscreen for which I paid N1,097,035.17 had a white spot on it, which did not clear when the screen was washed.
I had to return the car to the Ikeja office of the 1st defendant, which insisted that I return the car to its Awoyaya office, which I did and I was informed that the Ikeja office was wrong to have painted the interior part and that there was an error in the installation of the windscreen."
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The Jaguar XJ 2.0 Sedan was purchased with a factory defect, according to Mr.Olusina Sofola
According to the SAN, Coscharis office in Awoyaya promised that the faulty car parts will be ready in a week's time after an order has been placed.
The parts got to be replaced in May 2017. When the car was returned to him, Sofola observed that the car had a leakage, making water to enter the car whenever there's a downpour.
Again, Sofola complained and was told by Coscharis to return the Jaguar. There, the company told him the leakage was because the windscreen wasn't properly installed.
He said he left the car at their Awoyaya office for four days, yet the leakage persisted.
"Between 2016 when I bought the car and July 2017, I had to return the car for repairs for over 10 times and as a result of the unplanned and excessive distance travelled while going back and forth to the 1st defendant’s office, the car’s odometer had already reached 5,000km.
I have since inception been deprived of the optimal enjoyment I expected in a brand new car which I bought with a large sum of money.
PAINTThe car has also spent approximately 30 days in the possession of the 1st defendant since it was bought. I have had to find alternative means of transporting myself about, causing me unnecessary financial expenses.
The manufacturing defects in the car could have been avoided if the defendant had been cautious enough to check and ensure that the parts were intact and the car was fit for its purpose and use before putting it up for sale and eventually selling and delivering same to me,"
While pronouncing the judgment on November 28, 2019, Mrs. Osinbajo, the magistrate, stated that there has been a breach from Cocharis and Jaguar to deliver a sound car to Sofola.
"The defendants are ordered to replace the Jaguar XJ 2.0 Sedan automobile with Chassis No. SAJAA12NIFPV79999 and Engine No. 040914054912204PT sold the claimant with a brand new one of the same specifications."
There was also an order that both auto companies pay Sofola ₦1million.
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