Inks Media And Digital Machine Supplies CC t/a IMDM v National Consumer Commission (NCT/4718/2012/101(1)(P) CPA) [2014] ZANCT 4 (20 February 2014)

Inks Media And Digital Machine Supplies CC t/a IMDM v National Consumer Commission (NCT/4718/2012/101(1)(P) CPA) [2014] ZANCT 4 (20 February 2014)

The Tribunal found that the Consumer Protection Act was not applicable to the sale and delivery of the printing machine, as the transaction occurred before the effective date of the Act. The compliance notice failed to specify any contravention of a repealed law and did not comply with the requirements of section 100(3) of the CPA. The Respondent did not file any answering affidavit, and the Applicant's allegations were deemed admitted. The Tribunal concluded that the compliance notice was invalid and should be set aside in its entirety.

Citation
[2014] ZANCT 4
Parties
Applicant: Inks Media And Digital Machine Supplies CC t/a IMDM; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 February 2014
Case Number
NCT/4718/2012/101(1)(P)
Procedural Posture
Review Application / Application for Review and Setting Aside of Compliance Notice
Outcome
The compliance notice issued by the Respondent is cancelled in its entirety.
Judges
J.M. Maseko, N. Sephoti, J Simpson
Legal Topics
Consumer Protection Act, Compliance Notice Review, Warranty Terms, Pre Existing Agreements, Jurisdiction of Tribunal
Commercial and Corporate Administrative Law Consumer Protection Act Compliance Notice Review Warranty Terms Pre Existing Agreements Jurisdiction of Tribunal

Case Brief

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Parties

Inks Media And Digital Machine Supplies CC t/a IMDM

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Application for Review and Setting Aside of Compliance Notice

Legal Issues

  1. 1 Whether the Consumer Protection Act applies to the sale and delivery of the printing machine concluded before the effective date of the Act.
  2. 2 Whether the compliance notice issued by the Respondent complies with section 100(3) of the Consumer Protection Act.
  3. 3 Whether the Applicant contravened any provisions of the Consumer Protection Act or any repealed law as alleged by the Respondent.

Ratio Decidendi

The Tribunal found that the Consumer Protection Act was not applicable to the sale and delivery of the printing machine, as the transaction occurred before the effective date of the Act. The compliance notice failed to specify any contravention of a repealed law and did not comply with the requirements of section 100(3) of the CPA. The Respondent did not file any answering affidavit, and the Applicant's allegations were deemed admitted. The Tribunal concluded that the compliance notice was invalid and should be set aside in its entirety.

Court Disposition

The compliance notice issued by the Respondent is cancelled in its entirety.

Orders

  • The Compliance Notice issued by the Respondent against the Applicant, dated 30 March 2012, is hereby cancelled in its entirety in terms of section 101(2) of the Consumer Protection Act, 68 of 2008.
  • No order is made as to costs.