CMH Fiat Alfa Westrand v National Consumer Commission (NCT/3710/2012/101(1) (P) CPA) [2012] ZANCT 24 (14 December 2012)

CMH Fiat Alfa Westrand v National Consumer Commission (NCT/3710/2012/101(1) (P) CPA) [2012] ZANCT 24 (14 December 2012)

The Tribunal found that the compliance notice issued by the Respondent was invalid as it related to conduct that occurred prior to the effective date of the Consumer Protection Act, and the Act does not apply retrospectively except as expressly provided. The Applicant had demonstrated that it had communicated with the Respondent and that the Respondent failed to properly investigate the complaint or respond to correspondence. The Tribunal granted condonation for the late filing of the application, noting the absence of opposition. The Tribunal was satisfied that the requirements for a default order were met, as the Respondent had been properly notified and failed to oppose. The compliance...

Citation
[2012] ZANCT 24
Parties
Applicant: CMH Fiat Alfa Westrand; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 December 2012
Case Number
NCT/3710/2012/101(1) (P) CPA
Procedural Posture
Review Application / Final Hearing and Judgment
Outcome
The application for review of the compliance notice is granted; the compliance notice is cancelled. No order as to costs.
Judges
J.M. Maseko, Bonke Dumisa, Fungai Sibanda
Legal Topics
Consumer Protection Act, Compliance Notice Review, Retrospective Application of Statutes, Default Judgment, Condonation for Late Filing
Commercial and Corporate Administrative Law Consumer Protection Act Compliance Notice Review Retrospective Application of Statutes Default Judgment Condonation for Late Filing

Case Brief

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Parties

CMH Fiat Alfa Westrand

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether condonation should be granted for the late and incomplete filing of the application to the Tribunal.
  2. 2 Whether a default judgment should be granted against the Respondent.
  3. 3 Whether the compliance notice issued by the Respondent should be reviewed and set aside.

Ratio Decidendi

The Tribunal found that the compliance notice issued by the Respondent was invalid as it related to conduct that occurred prior to the effective date of the Consumer Protection Act, and the Act does not apply retrospectively except as expressly provided. The Applicant had demonstrated that it had communicated with the Respondent and that the Respondent failed to properly investigate the complaint or respond to correspondence. The Tribunal granted condonation for the late filing of the application, noting the absence of opposition. The Tribunal was satisfied that the requirements for a default order were met, as the Respondent had been properly notified and failed to oppose. The compliance...

Court Disposition

The application for review of the compliance notice is granted; the compliance notice is cancelled. No order as to costs.

Orders

  • The compliance notice issued by the Respondent is hereby cancelled.
  • There is no order as to costs.