Kwazulu-Natal Consumer Protector and Another v Faithfull Car Sales and Another (KZNCT07/2023) [2023] ZACONAF 8 (7 August 2023)

Kwazulu-Natal Consumer Protector and Another v Faithfull Car Sales and Another (KZNCT07/2023) [2023] ZACONAF 8 (7 August 2023)

The Tribunal accepted the parties' settlement agreement, which included the First Defendant's acknowledgment of prohibited conduct and an undertaking to refund the Consumer R230,000.00 and collect the vehicle. Daryl Nair was made co-principal debtor and surety for the debt. The Tribunal made the settlement agreement an order, confirming that the Consumer would have no further claim upon payment and that breach would entitle the Consumer to enforce the agreement and claim interest. The order was issued in accordance with the statutory powers of the Tribunal under the Consumer Protection Acts.

Citation
[2023] ZACONAF 8
Parties
Applicant: Office of the KwaZulu-Natal Consumer Protector; Applicant: Cuthbert Thembinkosi Buthelezi; Respondent: Faithfull Car Sales CC; Respondent: Neal Jacobs
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
7 August 2023
Case Number
KZNCT07/2023
Procedural Posture
Settlement Application / Settlement Order After Summons and Hearing
Outcome
Settlement agreement made an order of the KwaZulu-Natal Consumer Tribunal.
Judges
A Sewpersad, P Dabideen, N Cawe
Legal Topics
Consumer Protection Act, Prohibited Conduct, Refund of Purchase Price, Settlement Agreement, Suretyship, Tribunal Order
Commercial and Corporate Civil Procedure Consumer Protection Act Prohibited Conduct Refund of Purchase Price Settlement Agreement Suretyship Tribunal Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Office of the KwaZulu-Natal Consumer Protector

Applicant

Cuthbert Thembinkosi Buthelezi

Applicant

Faithfull Car Sales CC

Respondent

Neal Jacobs

Respondent

Procedural Posture

Settlement Application / Settlement Order After Summons and Hearing

Legal Issues

  1. 1 Whether the First Defendant engaged in prohibited conduct under the Consumer Protection Act.
  2. 2 Whether the Consumer is entitled to a refund of the purchase price and repair costs.
  3. 3 Whether the settlement agreement should be made an order of the Tribunal.

Ratio Decidendi

The Tribunal accepted the parties' settlement agreement, which included the First Defendant's acknowledgment of prohibited conduct and an undertaking to refund the Consumer R230,000.00 and collect the vehicle. Daryl Nair was made co-principal debtor and surety for the debt. The Tribunal made the settlement agreement an order, confirming that the Consumer would have no further claim upon payment and that breach would entitle the Consumer to enforce the agreement and claim interest. The order was issued in accordance with the statutory powers of the Tribunal under the Consumer Protection Acts.

Court Disposition

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

Orders

  • The First Defendant must refund the Second Plaintiff R230,000.00 by 3 August 2023.
  • The First Defendant must collect the Ford Ranger motor vehicle from the Second Plaintiff's premises at its own cost upon payment.