Cars 'R' Us v National Consumer Commission (NCT/4659/2012/101(1)) [2013] ZANCT 34 (25 September 2013)

Cars 'R' Us v National Consumer Commission (NCT/4659/2012/101(1)) [2013] ZANCT 34 (25 September 2013)

The Tribunal found that the Complainant, N Harwood, had no locus standi as the vehicle was purchased and registered to P Haywood. The transaction occurred prior to the effective date of the Consumer Protection Act, and the CPA does not apply retrospectively except in limited circumstances not present here. The compliance notice failed to specify the nature of the alleged defects and did not reference any repealed law allegedly contravened. The Respondent did not oppose the application or provide evidence to support its notice. The Tribunal was satisfied that the application was properly served and that the requirements for a default order were met. Accordingly, the compliance notice was...

Citation
[2013] ZANCT 34
Parties
Applicant: Cars 'R' Us; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
25 September 2013
Case Number
NCT/4659/2012/101(1)
Procedural Posture
Review Application / Default Judgment and Merits
Outcome
Application granted; compliance notice set aside.
Judges
P Beck, N Sephoti, J Maseko
Legal Topics
Consumer Protection Act, Compliance Notice Review, Locus Standi, Retrospective Application, Default Judgment
Commercial and Corporate Administrative Law Consumer Protection Act Compliance Notice Review Locus Standi Retrospective Application Default Judgment

Case Brief

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Parties

Cars 'R' Us

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Default Judgment and Merits

Legal Issues

  1. 1 Whether the Tribunal may grant a default order in terms of Rule 25(2).
  2. 2 Whether the Complainant had locus standi to refer the matter to the Respondent.
  3. 3 Whether the Consumer Protection Act applies retrospectively to the transaction in question.

Ratio Decidendi

The Tribunal found that the Complainant, N Harwood, had no locus standi as the vehicle was purchased and registered to P Haywood. The transaction occurred prior to the effective date of the Consumer Protection Act, and the CPA does not apply retrospectively except in limited circumstances not present here. The compliance notice failed to specify the nature of the alleged defects and did not reference any repealed law allegedly contravened. The Respondent did not oppose the application or provide evidence to support its notice. The Tribunal was satisfied that the application was properly served and that the requirements for a default order were met. Accordingly, the compliance notice was...

Court Disposition

Application granted; compliance notice set aside.

Orders

  • The Compliance Notice issued by the Respondent against the Applicant, dated 7 March 2012, is hereby cancelled in its entirety in terms of section 101(2) of the CPA.