Erasmus v Earn A Car Assets 1 (Pty) Ltd and Another (NCT/220739/2022/75(1)(b)) [2022] ZANCT 44 (12 September 2022)

Erasmus v Earn A Car Assets 1 (Pty) Ltd and Another (NCT/220739/2022/75(1)(b)) [2022] ZANCT 44 (12 September 2022)

The Tribunal found that the Second Respondent was the supplier in the consumer agreement with the Applicant and that the vehicle supplied was defective, failing to meet the standards of quality and suitability required by the Consumer Protection Act. The defects were present at the time of sale and became apparent within the statutory warranty period. The Applicant was entitled to return the vehicle and receive a refund of the purchase price. The First Respondent was not a party to the sale and bore no liability. The Second Respondent's conduct constituted prohibited conduct under the CPA, and the Tribunal ordered a refund to the Applicant.

Citation
[2022] ZANCT 44
Parties
Applicant: Abraham Lourens Erasmus; Respondent: Earn A Car Assets 1 (Pty) Ltd; Respondent: Lindstron Botes
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
12 September 2022
Case Number
NCT/220739/2022/75(1)(b)
Procedural Posture
Review Application / Final Judgment After Hearing
Outcome
Application dismissed against the First Respondent; granted against the Second Respondent. The Second Respondent is ordered to refund the Applicant the purchase price.
Judges
MC Peenze, C Ntsoane, P Manzi
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Refund of Purchase Price, Prohibited Conduct, Second Hand Vehicle Sale
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Refund of Purchase Price Prohibited Conduct Second Hand Vehicle Sale

Case Brief

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Parties

Abraham Lourens Erasmus

Applicant

Earn A Car Assets 1 (Pty) Ltd

Respondent

Lindstron Botes

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the Respondents contravened the Consumer Protection Act by supplying a defective vehicle to the Applicant.
  2. 2 Whether the Applicant is entitled to a refund of the vehicle's purchase price under the CPA.

Ratio Decidendi

The Tribunal found that the Second Respondent was the supplier in the consumer agreement with the Applicant and that the vehicle supplied was defective, failing to meet the standards of quality and suitability required by the Consumer Protection Act. The defects were present at the time of sale and became apparent within the statutory warranty period. The Applicant was entitled to return the vehicle and receive a refund of the purchase price. The First Respondent was not a party to the sale and bore no liability. The Second Respondent's conduct constituted prohibited conduct under the CPA, and the Tribunal ordered a refund to the Applicant.

Court Disposition

Application dismissed against the First Respondent; granted against the Second Respondent. The Second Respondent is ordered to refund the Applicant the purchase price.

Orders

  • The application is dismissed with respect to the First Respondent.
  • The application is granted with respect to the Second Respondent.