Baderon v Volkswagen Claremont (Pty) Ltd (NCT/94930/2017/75(1)) [2018] ZANCT 92 (7 August 2018)

Baderon v Volkswagen Claremont (Pty) Ltd (NCT/94930/2017/75(1)) [2018] ZANCT 92 (7 August 2018)

The Tribunal found that the Applicant's claim for a replacement or refund under section 56 of the Consumer Protection Act was undermined by the fact that the vehicle began malfunctioning approximately two years after delivery, well outside the statutory six-month period. Additionally, the car had already travelled approximately 98,000 kilometres, further reducing the likelihood of success. While the matter was of substantial importance to both parties, the Applicant did not enjoy reasonable prospects of success. Accordingly, leave to refer the complaint to the Tribunal was refused.

Citation
[2018] ZANCT 92
Parties
Applicant: Muneeb Baderoon; Respondent: Volkswagen Claremont (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 August 2018
Case Number
NCT/94930/2017/75(1)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After Notice of Non Referral by Commission
Outcome
Application for leave to refer refused.
Judges
A Potwana
Legal Topics
Consumer Protection Act, Warranty Claims, Leave to Refer, Defective Goods
Commercial and Corporate Consumer Protection Act Warranty Claims Leave to Refer Defective Goods

Case Brief

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Parties

Muneeb Baderoon

Applicant

Volkswagen Claremont (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After Notice of Non Referral by Commission

Legal Issues

  1. 1 Whether the Applicant should be granted leave to refer his complaint to the Tribunal after a notice of non-referral by the Commission.
  2. 2 Whether the Applicant has reasonable prospects of success in obtaining a replacement or refund for the vehicle under section 56 of the Consumer Protection Act.
  3. 3 Whether the matter is of substantial importance to the parties.

Ratio Decidendi

The Tribunal found that the Applicant's claim for a replacement or refund under section 56 of the Consumer Protection Act was undermined by the fact that the vehicle began malfunctioning approximately two years after delivery, well outside the statutory six-month period. Additionally, the car had already travelled approximately 98,000 kilometres, further reducing the likelihood of success. While the matter was of substantial importance to both parties, the Applicant did not enjoy reasonable prospects of success. Accordingly, leave to refer the complaint to the Tribunal was refused.

Court Disposition

Application for leave to refer refused.

Orders

  • The application for leave to refer is refused.
  • There is no order as to costs.