Khomo v Standard Bank (NCT/70150/2016/114(1)NCA) [2017] ZANCT 10 (15 February 2017)

Khomo v Standard Bank (NCT/70150/2016/114(1)NCA) [2017] ZANCT 10 (15 February 2017)

The Tribunal found that the Applicant had lawfully requested a statement of account from the Respondent on multiple occasions, and the Respondent failed to comply with its statutory obligation under section 110 of the National Credit Act. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted in terms of Rule 13(2). The Tribunal concluded that the Applicant is entitled to an order compelling the Respondent to provide the requested statement of account, as provided for in section 114 of the NCA.

Citation
[2017] ZANCT 10
Parties
Applicant: Phumlile Khomo; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/70150/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Information, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Information Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Phumlile Khomo

Applicant

Standard Bank

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order Under Section 114 NCA

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to provide the requested statement under section 114 of the NCA.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested a statement of account from the Respondent on multiple occasions, and the Respondent failed to comply with its statutory obligation under section 110 of the National Credit Act. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted in terms of Rule 13(2). The Tribunal concluded that the Applicant is entitled to an order compelling the Respondent to provide the requested statement of account, as provided for in section 114 of the NCA.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and any amount currently payable and the date it became due for account number 00000000137813781379.