KwaZulu-Natal Consumer Protector and Another v Suntide Pool Services and Another (KZNCT18/2023) [2023] ZACONAF 14 (14 December 2023)

KwaZulu-Natal Consumer Protector and Another v Suntide Pool Services and Another (KZNCT18/2023) [2023] ZACONAF 14 (14 December 2023)

The Tribunal found that the Defendants entered into a contract with the Second Plaintiff to repair his household pool, accepted a deposit of R12,500, and failed to perform the agreed services within the promised timeframe. The Defendants ignored all attempts at communication and refused to cooperate with both the consumer and the Consumer Protector's office. The Tribunal accepted the unchallenged evidence of the Second Plaintiff and found that the Defendants' conduct amounted to prohibited conduct under section 19(2)(a)(i) and section 47(3) of the Consumer Protection Act. The Tribunal held that the Defendants are jointly and severally liable to refund the Second Plaintiff, pay interest at...

Citation
[2023] ZACONAF 14
Parties
Applicant: KwaZulu-Natal Consumer Protector; Applicant: Abey Rasepae; Respondent: Suntide Pool Services; Respondent: Jeremy Moonsamy
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
14 December 2023
Case Number
KZNCT18/2023
Procedural Posture
Civil Application / Default Judgment
Outcome
The Tribunal found in favour of the applicants and granted all relief sought, including refund, interest, administrative penalty, and orders to refrain from prohibited conduct.
Judges
A. Sewpersad, P. Dabideen, R. Hand
Legal Topics
Consumer Protection Act, Prohibited Conduct, Refund of Payments, Administrative Penalty
Commercial and Corporate Civil Procedure Consumer Protection Act Prohibited Conduct Refund of Payments Administrative Penalty

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

KwaZulu-Natal Consumer Protector

Applicant

Abey Rasepae

Applicant

Suntide Pool Services

Respondent

Jeremy Moonsamy

Respondent

Procedural Posture

Civil Application / Default Judgment

Legal Issues

  1. 1 Did the Defendants breach section 19 and section 47(3) of the Consumer Protection Act 68 of 2008 by failing to deliver services and refund payment as agreed.
  2. 2 What is the appropriate relief to be granted to the Second Plaintiff.

Ratio Decidendi

The Tribunal found that the Defendants entered into a contract with the Second Plaintiff to repair his household pool, accepted a deposit of R12,500, and failed to perform the agreed services within the promised timeframe. The Defendants ignored all attempts at communication and refused to cooperate with both the consumer and the Consumer Protector's office. The Tribunal accepted the unchallenged evidence of the Second Plaintiff and found that the Defendants' conduct amounted to prohibited conduct under section 19(2)(a)(i) and section 47(3) of the Consumer Protection Act. The Tribunal held that the Defendants are jointly and severally liable to refund the Second Plaintiff, pay interest at...

Court Disposition

The Tribunal found in favour of the applicants and granted all relief sought, including refund, interest, administrative penalty, and orders to refrain from prohibited conduct.

Orders

  • The First and Second Defendants' conduct is declared prohibited conduct in contravention of section 19(2)(a)(i) and section 47(3) of the Consumer Protection Act 68 of 2008.
  • The Defendants are ordered to refrain from conducting themselves in such a manner forthwith.