Davids and Another v M & Y Tombstones and Granite Works (Pty) Ltd (NCT/267544/2023/75(1)(b)) [2024] ZANCT 43 (27 September 2024)

Davids and Another v M & Y Tombstones and Granite Works (Pty) Ltd (NCT/267544/2023/75(1)(b)) [2024] ZANCT 43 (27 September 2024)

The Tribunal found that the respondent failed to provide the contracted service in a manner and quality that consumers are generally entitled to expect, as required by section 54(1)(b)-(c) of the Consumer Protection Act. The respondent delivered a single-tier tombstone made with inferior materials instead of the agreed four-tier granite tombstone, and the structure has deteriorated rapidly. The respondent did not oppose the application, and under Rule 13(5), the applicants' allegations are deemed admitted. The Tribunal concluded that the applicants suffered financial and emotional prejudice and are entitled to a refund of R46,000.00, representing a reasonable portion of the price paid,...

Citation
[2024] ZANCT 43
Parties
Applicant: Nandipha Davids; Applicant: Wayne Davids; Respondent: M & Y Tombstones and Granite Works (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 September 2024
Case Number
NCT/267544/2023/75(1)(b)
Procedural Posture
Review Application / Application for Redress Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Application granted. The respondent is ordered to refund the applicants R46,000.00 within ten business days. No cost order is made.
Judges
C Sassman, N Maseti, MC Peenze
Legal Topics
Consumer Protection Act, Quality of Goods and Services, Supplier Liability, Refund Entitlement
Commercial and Corporate Consumer Protection Act Quality of Goods and Services Supplier Liability Refund Entitlement

Case Brief

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Parties

Nandipha Davids

Applicant

Wayne Davids

Applicant

M & Y Tombstones and Granite Works (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Redress Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the respondent provided services in a manner and quality that persons are generally entitled to expect under section 54(1)(b)-(c) of the Consumer Protection Act.
  2. 2 Whether the applicants are entitled to a refund for the defective and non-conforming tombstone supplied by the respondent.
  3. 3 Whether the respondent's conduct constitutes prohibited conduct under the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the respondent failed to provide the contracted service in a manner and quality that consumers are generally entitled to expect, as required by section 54(1)(b)-(c) of the Consumer Protection Act. The respondent delivered a single-tier tombstone made with inferior materials instead of the agreed four-tier granite tombstone, and the structure has deteriorated rapidly. The respondent did not oppose the application, and under Rule 13(5), the applicants' allegations are deemed admitted. The Tribunal concluded that the applicants suffered financial and emotional prejudice and are entitled to a refund of R46,000.00, representing a reasonable portion of the price paid,...

Court Disposition

Application granted. The respondent is ordered to refund the applicants R46,000.00 within ten business days. No cost order is made.

Orders

  • The respondent has contravened sections 54(1)(b) and (c) of the Consumer Protection Act.
  • The respondent's contravention is declared prohibited conduct.