In a distressing tale of alleged negligence and frustration, a KwaZulu-Natal man’s battle for justice continues four months after the theft of his R1 million VW Amarok from a dealership in Durban.
Darrel Shanmugam, from Phoenix, had taken his pre-owned Amarok Aventura 3.0 TDI to the Edwin Swales branch of Barons VW on September 20, 2024, just a month after purchasing it to repair the dashboard light.
The 32-year-old said his vehicle was stolen on October 28, 2024, the same day he had gone to fetch it.
Speaking to IOL during an update, Shanmugam said despite engaging legal representation and sending summons to the dealership in December, he claims the response has been lacklustre at best.
"This has caused me a lot of pain. I have spent a lot of money on an attorney, and they also ignore her communication. We sent them summons in December and they ignored them, they keep on insisting that I send documents which I have already submitted through my attorney.
"The car was at their premises, they never wanted all these documents before, but now that they have to replace the car, they are taking me from pillar to post. It's like they are trying to absolve themselves from the responsibility even when we all know that the car was stolen while it was in their possession.
"It doesn't matter what trick they try to pull, at the end of the day they have to compensate me somehow, even if they give me money for the value of the van, I'll still take it. If they can take responsibility and do the right thing, my legal team and their legal team can come to an agreement and we resolve this issue," said Shanmugam.
After the car was stollen, Shanmugam said he was taken to an office and shown security footage of two men entering the premises. “The men walked past everything and everyone, including the security guard. They went straight to the service department and directly to my van parked at the wash bay,” he said.
According to Shanmugam, the keys were in the ignition, allowing the men to enter and drive off past security without question. “These were strangers, yet they came in broad daylight and left without anyone saying anything. This was an inside job—how did they know my car was ready?” he asked at the time.
He further claimed that he was reliably informed by a police officer that the car had a tracker installed by the previous owner, and it was allegedly deactivated at the dealership.
"I got into contact with the previous owner, and he told me the name of the tracking company. When I called the company, I learned that when I bought the car, it still had a tracker. The company told me that the tracker stopped working on October 14, 2024, meaning it stopped when the vehicle was at the dealership," he said.
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However, the dealership denied tampering with the tracker and said they wouldn't have known about the device as Shanmugam said it wasn't there when he brought the car for repairs.
In addition, Shanmugam said he received communication from a Hollard Insurance representative and the person informed him that he was processing a claim for the dealership and wanted the car's documents and also promised to send him documents to fill in.
"The person called me in November 2024, and after that conversation, he never called again or even sent the documents. I followed up in early February and the person told me that the matter has been sent back to NMI Volkswagen. I don't even know whether that's good news or bad news because the dealership is ignoring me. This whole thing is stressing me; I'm spending my own money fixing a mishap that was caused by the dealership," he said.
In response to the allegations, the dealership said the matter was delayed because of the outstanding information Shanmugam has yet to provide.
"We find it surprising that Mr Shanmugam continues to address the matter through the media, despite the fact that both he and his legal representatives are fully aware of the information required by Barons Durban, their appointed attorneys and insurers. Their continued refusal to comply with the aforementioned requests is not only obstructing the resolution of this case but also delaying a proper investigation," said the dealership.
The dealership said on December 19, 2024, their legal representatives requested Shanmugam’s attorneys to provide proof of ownership of the vehicle, the purchase price paid for the vehicle; and the identity of the dealership where the car was bought.
"To date, we have received no response to these requests, despite our repeated attempts to do so."
The dealership also denied receiving summons from Shanmugan's attorney.
"In fact, the Barons VW Durban attorneys had previously recorded to the attorneys of Mr Shanmugan that any summons that Mr Shanmugam elected to issue should be served at the offices of our attorneys," said the dealership.
The dealership added that a claim has been lodged with its insurers who also await the information and documentation of Shanmugam's vehicle.
Meanwhile, Shanmugam's attorney said they have provided the dealership with a copy of the logbook proving ownership of the vehicle.
"We are yet to acquire a policy claim number from VW if they have indeed lodged a claim which they are silent on. According to their own job card, they bore the risk of the motor vehicle whilst in their possession. This is a simple insurance matter,'' said the attorney.
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