Compensation for Damaged Goods (201505-0153) [2015] ZACGSO 2 (3 March 2015)

Compensation for Damaged Goods (201505-0153) [2015] ZACGSO 2 (3 March 2015)

The Ombud found that the evidence provided by both parties was insufficient to establish, on a balance of probabilities, that the supplier caused the damage to the CD player. The delivery documentation indicated the goods were delivered in good condition, and there were no remarks or notes to suggest otherwise. The cracked lock on the flight case did not conclusively prove mishandling or damage by the supplier. In the absence of clear evidence, and applying the principles of reasonableness and fairness, the Ombud concluded that there was no reasonable prospect of making a recommendation in favour of the complainant.

Citation
[2015] ZACGSO 2
Parties
Applicant: Complainant; Respondent: TNT (Supplier); Respondent: V
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
3 March 2015
Case Number
201505-0153
Procedural Posture
Consumer Complaint / Assessment
Outcome
Complaint dismissed due to insufficient evidence of supplier liability.
Judges
Bonita Hughes
Legal Topics
Consumer Protection, Delivery of Goods, Burden of Proof, Contractual Terms
Commercial and Corporate Consumer Protection Delivery of Goods Burden of Proof Contractual Terms

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Complainant

Applicant

TNT (Supplier)

Respondent

V

Respondent

Procedural Posture

Consumer Complaint / Assessment

Legal Issues

  1. 1 Whether the supplier is liable for damage to the CD player during courier transit.
  2. 2 Whether the complainant is entitled to compensation for the damaged goods and courier fees.
  3. 3 Whether the evidence supports the complainant's claim on a balance of probabilities.

Ratio Decidendi

The Ombud found that the evidence provided by both parties was insufficient to establish, on a balance of probabilities, that the supplier caused the damage to the CD player. The delivery documentation indicated the goods were delivered in good condition, and there were no remarks or notes to suggest otherwise. The cracked lock on the flight case did not conclusively prove mishandling or damage by the supplier. In the absence of clear evidence, and applying the principles of reasonableness and fairness, the Ombud concluded that there was no reasonable prospect of making a recommendation in favour of the complainant.

Court Disposition

Complaint dismissed due to insufficient evidence of supplier liability.

Orders

  • No recommendation is made in favour of the complainant.
  • The supplier is not required to compensate the complainant for the CD player or courier costs.