Disputed cash withdrawal: transaction successful (2013913356) [2013] ZACGSO 6 (10 October 2013)

Disputed cash withdrawal: transaction successful (2013913356) [2013] ZACGSO 6 (10 October 2013)

The Ombud found that, based on the evidence provided, including the signed slip and transaction records, it was more probable that the withdrawal was successful and the complainant received the funds. Although the supplier's documentation was not conclusive, the balance of probabilities favored the supplier's version. The complainant failed to provide evidence to support the claim that the funds were not received. Accordingly, the complaint was dismissed.

Citation
[2013] ZACGSO 6
Parties
Applicant: Complainant; Respondent: Supplier
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
10 October 2013
Case Number
2013913356
Procedural Posture
Consumer Complaint / Final Determination
Outcome
Complaint dismissed; supplier's version accepted on a balance of probabilities.
Judges
Bonita Hughes
Legal Topics
Consumer Protection, Dispute of Fact, Balance of Probabilities
Commercial and Corporate Consumer Protection Dispute of Fact Balance of Probabilities

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Complainant

Applicant

Supplier

Respondent

Procedural Posture

Consumer Complaint / Final Determination

Legal Issues

  1. 1 Whether the complainant received the funds withdrawn from the SASSA card as alleged.
  2. 2 Whether the supplier's evidence of a signed slip and transaction record is sufficient to prove the withdrawal was successful.

Ratio Decidendi

The Ombud found that, based on the evidence provided, including the signed slip and transaction records, it was more probable that the withdrawal was successful and the complainant received the funds. Although the supplier's documentation was not conclusive, the balance of probabilities favored the supplier's version. The complainant failed to provide evidence to support the claim that the funds were not received. Accordingly, the complaint was dismissed.

Court Disposition

Complaint dismissed; supplier's version accepted on a balance of probabilities.

Orders

  • The complaint is dismissed.
  • No refund is ordered.