Bothma v Point Blank Trading 11 (Pty) Ltd t/a Car King 3 (NCT/26816/2016/75(1)(b)) [2016] ZANCT 36 (16 September 2016)

Bothma v Point Blank Trading 11 (Pty) Ltd t/a Car King 3 (NCT/26816/2016/75(1)(b)) [2016] ZANCT 36 (16 September 2016)

The Tribunal found that the Respondent supplied a defective vehicle to the Applicant, with significant mechanical issues arising within six months of purchase. The Applicant was entitled under sections 55 and 56 of the Consumer Protection Act to expect the vehicle to be of good quality and in working order. The Tribunal determined that the most appropriate relief was repair of the vehicle to a reasonable standard, rather than a refund, given the elapsed time and continued use of the vehicle. The Respondent was ordered to collect and repair the vehicle at an approved specialist service provider, at its own cost, within 30 days.

Citation
[2016] ZANCT 36
Parties
Applicant: Diana Bothma; Respondent: Point Blank Trading 11 (Pty) Ltd t/a Car King 3
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 September 2016
Case Number
NCT/26816/2016/75(1)(b)
Procedural Posture
Review Application / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Cpa; Merits Hearing
Outcome
Application for leave to refer granted; Respondent ordered to repair vehicle to reasonable standard at its own cost.
Judges
B Dumisa, D Terblanche, J Simpson
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Defective Goods, Remedies for Defective Goods, Reasonable Standard of Repair
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Defective Goods Remedies for Defective Goods Reasonable Standard of Repair

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Parties

Diana Bothma

Applicant

Point Blank Trading 11 (Pty) Ltd t/a Car King 3

Respondent

Procedural Posture

Review Application / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Cpa; Merits Hearing

Legal Issues

  1. 1 Whether the Respondent supplied a defective vehicle to the Applicant in contravention of the Consumer Protection Act.
  2. 2 Whether the Applicant is entitled to a refund, replacement, or repair of the vehicle under sections 55 and 56 of the CPA.
  3. 3 What constitutes a reasonable standard of repair for a used vehicle under the CPA.

Ratio Decidendi

The Tribunal found that the Respondent supplied a defective vehicle to the Applicant, with significant mechanical issues arising within six months of purchase. The Applicant was entitled under sections 55 and 56 of the Consumer Protection Act to expect the vehicle to be of good quality and in working order. The Tribunal determined that the most appropriate relief was repair of the vehicle to a reasonable standard, rather than a refund, given the elapsed time and continued use of the vehicle. The Respondent was ordered to collect and repair the vehicle at an approved specialist service provider, at its own cost, within 30 days.

Court Disposition

Application for leave to refer granted; Respondent ordered to repair vehicle to reasonable standard at its own cost.

Orders

  • The Applicant's application for leave to refer the matter directly to the Tribunal is granted.
  • The Respondent is to collect and transport the vehicle to All-O-Matic or a similarly approved and recognised specialist service provider for repairs to the gearbox. The Respondent is to carry the costs of transporting and repairing the vehicle to a reasonable standard within 30 days of the date of this judgment.