Govender and Another v Vermeulen Trading as Advance Pool and Spa and Others (NCT/107447/2018f75(1)(b)) [2019] ZANCT 74 (17 May 2019)

Govender and Another v Vermeulen Trading as Advance Pool and Spa and Others (NCT/107447/2018f75(1)(b)) [2019] ZANCT 74 (17 May 2019)

The Tribunal found that the Respondents supplied and installed a defective swimming pool, evidenced by persistent defects and poor workmanship, which breached the material terms of the contract and the standards required by the Consumer Protection Act. The Applicants were justified in cancelling the contract and seeking a refund. The Tribunal held that the Respondents are jointly and severally liable to refund the Applicants for the defective goods, remove the defective pool, and restore the Applicants' property. The Tribunal's powers are limited by statute and do not extend to awarding damages for wasted water or expert costs. The Tribunal concluded that the Respondents engaged in...

Citation
[2019] ZANCT 74
Parties
Applicant: Gavinthren Govender; Applicant: Leah Joan Govender; Respondent: Gerhard Vermeulen trading as Advance Pool and Spa; Respondent: Advance Pools CC; Respondent: Advance Pools Gauteng trading as Advance Pools; Respondent: Amelda Vermeulen
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
17 May 2019
Case Number
NCT/107447/2018f75(1)(b)
Procedural Posture
Leave to Appeal / Merits Hearing After Leave Granted
Outcome
Application granted. Respondents found liable for prohibited conduct and ordered to refund Applicants, remove defective goods, and restore property.
Judges
M Nkomo, T Woker, H Devraj
Legal Topics
Consumer Protection Act, Defective Goods, Specific Performance, Refund of Purchase Price, Joint and Several Liability
Commercial and Corporate Civil Procedure Consumer Protection Act Defective Goods Specific Performance Refund of Purchase Price Joint and Several Liability

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Parties

Gavinthren Govender

Applicant

Leah Joan Govender

Applicant

Gerhard Vermeulen trading as Advance Pool and Spa

Respondent

Advance Pools CC

Respondent

Advance Pools Gauteng trading as Advance Pools

Respondent

Amelda Vermeulen

Respondent

Procedural Posture

Leave to Appeal / Merits Hearing After Leave Granted

Legal Issues

  1. 1 Whether the Respondents supplied and installed a defective swimming pool in breach of the Consumer Protection Act.
  2. 2 Whether the Applicants are entitled to a refund for the defective goods and related services.
  3. 3 Whether the Respondents are liable to remove the defective goods and restore the Applicants' property.

Ratio Decidendi

The Tribunal found that the Respondents supplied and installed a defective swimming pool, evidenced by persistent defects and poor workmanship, which breached the material terms of the contract and the standards required by the Consumer Protection Act. The Applicants were justified in cancelling the contract and seeking a refund. The Tribunal held that the Respondents are jointly and severally liable to refund the Applicants for the defective goods, remove the defective pool, and restore the Applicants' property. The Tribunal's powers are limited by statute and do not extend to awarding damages for wasted water or expert costs. The Tribunal concluded that the Respondents engaged in...

Court Disposition

Application granted. Respondents found liable for prohibited conduct and ordered to refund Applicants, remove defective goods, and restore property.

Orders

  • The Respondents have engaged in prohibited conduct.
  • The first to fourth Respondents are jointly and severally liable for the defective goods provided to the Applicants.