Gcakasi v NTT Motors East London (Pty) Ltd T/A NTT Volkswagen King Williams Town (NCT-147567-2019-75(1)(b)) [2022] ZANCT 30 (6 June 2022)

Gcakasi v NTT Motors East London (Pty) Ltd T/A NTT Volkswagen King Williams Town (NCT-147567-2019-75(1)(b)) [2022] ZANCT 30 (6 June 2022)

The Tribunal found that the applicant failed to prove, on a balance of probabilities, that the respondent violated sections 19(5), 40(2), 55(2), and 56(2) of the Consumer Protection Act. The applicant did not provide evidence that the respondent refused a reasonable opportunity to examine the vehicle upon delivery, nor that the respondent acted unconscionably or took advantage of any vulnerability. Most defects were repaired except for the scraping noise, which was not shown to breach statutory standards. The applicant was no longer in possession of the vehicle, having had it written off and compensated by his insurer, and thus could not return it as required for a refund under section...

Citation
[2022] ZANCT 30
Parties
Applicant: Mpumelelo Derrick Gcakasi; Respondent: NTT Motors East London (Pty) Ltd T/A NTT Volkswagen King Williams Town
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
6 June 2022
Case Number
NCT-147567-2019-75(1)(b)
Procedural Posture
Review Application / Final Judgment After Hearing on Merits
Outcome
Application dismissed.
Judges
N Sephoti, M Peenze, A Potwana
Legal Topics
Consumer Protection Act, Defective Goods, Refund Claim, Unconscionable Conduct, Burden of Proof
Commercial and Corporate Civil Procedure Consumer Protection Act Defective Goods Refund Claim Unconscionable Conduct Burden of Proof

Case Brief

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Parties

Mpumelelo Derrick Gcakasi

Applicant

NTT Motors East London (Pty) Ltd T/A NTT Volkswagen King Williams Town

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the respondent violated section 19(5)(a) of the Consumer Protection Act by failing to allow the applicant a reasonable opportunity to examine the vehicle upon delivery.
  2. 2 Whether the respondent acted unconscionably in terms of section 40(2) of the Consumer Protection Act.
  3. 3 Whether the faults identified by the applicant amounted to a breach of section 55(2) and 56(2) of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the applicant failed to prove, on a balance of probabilities, that the respondent violated sections 19(5), 40(2), 55(2), and 56(2) of the Consumer Protection Act. The applicant did not provide evidence that the respondent refused a reasonable opportunity to examine the vehicle upon delivery, nor that the respondent acted unconscionably or took advantage of any vulnerability. Most defects were repaired except for the scraping noise, which was not shown to breach statutory standards. The applicant was no longer in possession of the vehicle, having had it written off and compensated by his insurer, and thus could not return it as required for a refund under section...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order is made as to costs.