Assessment: Demand for quality service (201608-0009153) [2017] ZACGSO 3 (20 April 2017)

Assessment: Demand for quality service (201608-0009153) [2017] ZACGSO 3 (20 April 2017)

The Ombud found that while the complainant listed several defects, these were not of a serious nature and did not prevent enjoyment of the stay. The supplier was not informed of the issues during the stay and thus was denied the opportunity to rectify them. The Consumer Protection Act allows the consumer to claim a refund or price reduction, but the burden of proving the amount rests with the supplier when performance is withheld. The supplier's offer of R3,500 compensation for specific defects was deemed fair and reasonable given the circumstances, and the Ombud suggested the complainant consider accepting this offer.

Citation
[2017] ZACGSO 3
Parties
Applicant: Complainant; Respondent: Supplier
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
20 April 2017
Case Number
201608-0009153
Procedural Posture
Consumer Complaint / Assessment
Outcome
The supplier's offer of R3,500 compensation is considered fair and reasonable; the complainant is advised to consider accepting it.
Judges
M F Mbedzi
Legal Topics
Consumer Protection Act, Quality of Service, Refund Entitlement, Burden of Proof, Contractual Performance
Commercial and Corporate Consumer Protection Act Quality of Service Refund Entitlement Burden of Proof Contractual Performance

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Parties

Complainant

Applicant

Supplier

Respondent

Procedural Posture

Consumer Complaint / Assessment

Legal Issues

  1. 1 Whether the supplier provided services and goods of the quality reasonably expected by the consumer.
  2. 2 Whether the complainant was entitled to unilaterally reduce the agreed price by 20% due to alleged defects.
  3. 3 Who bears the burden of proving the amount to be refunded or reduced in cases of defective service under the Consumer Protection Act.

Ratio Decidendi

The Ombud found that while the complainant listed several defects, these were not of a serious nature and did not prevent enjoyment of the stay. The supplier was not informed of the issues during the stay and thus was denied the opportunity to rectify them. The Consumer Protection Act allows the consumer to claim a refund or price reduction, but the burden of proving the amount rests with the supplier when performance is withheld. The supplier's offer of R3,500 compensation for specific defects was deemed fair and reasonable given the circumstances, and the Ombud suggested the complainant consider accepting this offer.

Court Disposition

The supplier's offer of R3,500 compensation is considered fair and reasonable; the complainant is advised to consider accepting it.

Orders

  • The complainant is advised to consider accepting the supplier's offer of R3,500 as compensation for the identified defects.