A MAN, who disappeared with a Mercedes Benz he had paid a deposit of US$3 500 for before failing to clear the balance, now faces a bill of US$10 390, as of today, for the same vehicle after the case spilled into the High Court.
The bill is being accrued from the US$65 he should pay a day, from November 25 last year to the day he delivers the car, and the US$3 500 deposit he should reimburse the owner of the car.
The agreement of sale has been cancelled.
If he doesn’t deliver the car by the end of this month, the bill will accrue by an extra US$1 300.
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Tonderai Chipunza of Harare bought the vehicle at a car delearship in Harare and paid a deposit of US$3 500.
He agreed terms with the dealership and said he would only come and collect the car registration book once he completed paying for the vehicle.
However, he did not pay another cent, from the moment he took the car, and the owners of the vehicle have spent more than a year trying to have the case settled without success.
“He doesn’t pick up the calls and he has been making a lot of promises which he has not fulfilled,” said a source.
“It appears like this is the way he operates and gets cars at what would be bargain prices.
“We don’t know what he did with the car and where it is because all our efforts to locate it and get this case resolved have not been fruitful.”
Two years ago, the owners of the car took their case to the High Court and an order was granted on August 30, 2023.
According to the judgment, the High Court ruled that:
a) The agreement of sale between the plaintiff and defendant be and is hereby confirmed as cancelled.
b) The defendant be and is hereby ordered to return forthwith a vehicle owned by the plaintiff being a Mercedes Benz with registration number AFP9303 to the plaintiff.
c) The Sheriff or his lawful deputy be and are hereby ordered to take the vehicle mentioned in (b) above into his possession and deliver same to the plaintiff in the event that the defendant fails to return the vehicle to the plaintiff within 24 hours from the date of the granting of this order.
d) The plaintiff shall reimburse the defendant the sum of US$3 500 payable at the prevailing interbank rate on date of payment which the defendant paid as deposit for the vehicle upon the delivery of the vehicle by the defendant or the delivery of the vehicle by the Sheriff as in terms of paragraph (c) above.
e) The defendant shall pay the sum of US$65 per day, payable at the prevailing interbank rate on date of payment from the 25th of November 2022 to the date of the return of the vehicle pursuant to paragraphs (b) or (c) above together with interest at the rate of 5 percent per annum from the 25th November 2022 to the date of full payment, both dates inclusive.
