KwaZulu-Natal Consumer Protection and Another v Funnel Cars and Another (KZNCT1/2024) [2024] ZACONAF 3 (21 June 2024)

KwaZulu-Natal Consumer Protection and Another v Funnel Cars and Another (KZNCT1/2024) [2024] ZACONAF 3 (21 June 2024)

The Tribunal found that the Defendants' conduct in selling a defective vehicle without a Certificate of Roadworthiness constituted prohibited conduct under the Consumer Protection Act. The Defendants acknowledged their wrongdoing and agreed to refund the Consumer. The Tribunal accepted the settlement agreement and...

Source-derived case information.

Citation
[2024] ZACONAF 3
Parties
Applicant: KwaZulu-Natal Consumer Protector; Applicant: Arishka Bhagothidin; Respondent: Funnell Cars; Respondent: Bradley Funnell
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
21 June 2024
Case Number
KZNCT1/2024
Procedural Posture
Settlement Order / Settlement Agreement Made Order of Tribunal
Outcome
Settlement agreement made an order of the KwaZulu-Natal Consumer Tribunal.
Judges
B Dumisa, N Cawe, P Dabideen
Legal Topics
Consumer Protection, Prohibited Conduct, Refund of Purchase Price, Settlement Agreement, Tribunal Enforcement
Administrative Law Commercial and Corporate Consumer Protection Prohibited Conduct Refund of Purchase Price Settlement Agreement Tribunal Enforcement

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Summary, issues, holding and outcome

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Parties

KwaZulu-Natal Consumer Protector

Applicant

Arishka Bhagothidin

Applicant

Funnell Cars

Respondent

Bradley Funnell

Respondent

Procedural Posture

Settlement Order / Settlement Agreement Made Order of Tribunal

Legal Issues

  1. 1 Whether the conduct of the Defendants constituted prohibited conduct under the Consumer Protection Act.
  2. 2 Whether the Consumer is entitled to a refund of the purchase price due to defects in the vehicle.
  3. 3 Whether the settlement agreement should be made an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the Defendants' conduct in selling a defective vehicle without a Certificate of Roadworthiness constituted prohibited conduct under the Consumer Protection Act. The Defendants acknowledged their wrongdoing and agreed to refund the Consumer. The Tribunal accepted the settlement agreement and made it an order, ensuring the Consumer receives the agreed refund and providing for enforcement in a competent court if necessary. The Tribunal further noted that the Consumer will have no further claims against the Defendants upon compliance with the agreement.

Court Disposition

Settlement agreement made an order of the KwaZulu-Natal Consumer Tribunal.

Orders

  • The settlement agreement between the parties is made an order of the KwaZulu-Natal Consumer Tribunal.
  • The Defendants shall pay R25,000.00 directly to the Second Plaintiff's bank account.