De Lange v First National Bank (NCT/71/2009/56(1)(P)) [2012] ZANCT 14 (19 January 2012)

IN

THE NATIONAL CONSUMER TRIBUNAL HELD AT CENTURION

CASE NUMBER: NCT/71/2009/56(1)(P)

DATE:19/01/2012

IN THE MATTER BETWEEN:

MONICA DE LANGE.................................................APPLICANT

AND

FIRST NATIONAL BANK..........................................RESPONDENT

RULING

FACTS:

1. This matter was set down for a hearing today, 19th January 2012, at the National Consumer Tribunal Offices in Centurion;

2. The Applicant, Ms De Lange, is not in attendance;

3. The Respondent is in attendance. The Respondent is represented by Mr Wilson, who is briefed by Mr Glover on the instruction of Ms Small of First National Bank;

4. The Respodent made an application in terms of Rule 24 for the matter to be dismissed due to the Applicant's non appearance;

5. The Respondent in its application, draws the Tribunal's attention to the fact that the Tribunal does not, before it, have an application requesting a postponement.

6. Applicant was advised by the Registrar that a formal application for the postponement would have to be made before the date of the hearing to allow the Respondent to answer thereto;

7. No such application was received and no appearance was made however a medical certificate was submitted to the Tribunal via email.

RULING:

The Tribunal, having regard to the Respondent's submissions and in view of the Applicant's failure to appear and without filing a formal application for postponement, hereby dismisses the matter in terms of Rule 24(1) (a) of the Rules of the Tribunal.

Signed at Centurion, on this the.............19th ............. of January 2012.

DIANE

TERBLANCHE

PRESIDING

MEMBER

Concurring:

MS

LAURA BEST

MEMBER

ADV

NEO SEPHOTI