Chinsamy v Standard Bank (NCT/70143/2016/114(1)NCA) [2017] ZANCT 5 (15 February 2017)

Chinsamy v Standard Bank (NCT/70143/2016/114(1)NCA) [2017] ZANCT 5 (15 February 2017)

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account from the Respondent, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and, in the absence of any opposition, proceeded on a default basis. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) and granted the application, ordering the Respondent to provide the requested statement within 22 business days.

Citation
[2017] ZANCT 5
Parties
Applicant: Looshendran Chinsamy; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/70143/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted in default; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Information, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Information Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Looshendran Chinsamy

Applicant

Standard Bank

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement Under Section 114 NCA

Legal Issues

  1. 1 Whether the Respondent is obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant's agent was lawfully entitled to request the statement on the Applicant's behalf.
  3. 3 Whether the Tribunal should grant the application in default due to the Respondent's non-participation.

Ratio Decidendi

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account from the Respondent, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and, in the absence of any opposition, proceeded on a default basis. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) and granted the application, ordering the Respondent to provide the requested statement within 22 business days.

Court Disposition

Application granted in default; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, all credited and debited amounts, any overdue amounts and their due dates, and any amount currently payable and its due date for account reference number 5120570400831646.