Kwazulu Natal Consumer Protector and Another v Ubantu Projects (KZNCT15/2023) [2023] ZACONAF 9 (14 September 2023)

Kwazulu Natal Consumer Protector and Another v Ubantu Projects (KZNCT15/2023) [2023] ZACONAF 9 (14 September 2023)

The Tribunal found that the respondent breached the Consumer Protection Act by failing to commence the contracted work and failing to refund the deposit paid by the consumer. The respondent's absence and lack of evidence regarding deductions for materials meant that no deductions could be allowed. The Tribunal declared the respondent's conduct as prohibited under sections 19 and 47(3) of the Act and ordered a full refund with interest, removal of materials, and further conduct restrictions.

Citation
[2023] ZACONAF 9
Parties
Applicant: Kwazulu Natal Consumer Protector; Applicant: Sandra Sudu; Respondent: Ubantu Projects
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
14 September 2023
Case Number
KZNCT15/2023
Procedural Posture
Civil Application / Final Determination
Outcome
Application granted. Orders issued against the respondent for refund, interest, removal of materials, and conduct restrictions.
Judges
B Dumisa, P Dabideen, A Sewpersad
Legal Topics
Consumer Protection Act, Prohibited Conduct, Refund of Purchase Price, Interest Tempore Morae, Default Judgment
Commercial and Corporate Civil Procedure Consumer Protection Act Prohibited Conduct Refund of Purchase Price Interest Tempore Morae Default Judgment

Case Brief

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Parties

Kwazulu Natal Consumer Protector

Applicant

Sandra Sudu

Applicant

Ubantu Projects

Respondent

Procedural Posture

Civil Application / Final Determination

Legal Issues

  1. 1 Whether the respondent breached the provisions of the Consumer Protection Act as alleged.
  2. 2 Whether the respondent's conduct constitutes prohibited conduct under section 19 and section 47(3) of the Consumer Protection Act 68 of 2008.
  3. 3 Whether the applicant is entitled to a refund and further relief.

Ratio Decidendi

The Tribunal found that the respondent breached the Consumer Protection Act by failing to commence the contracted work and failing to refund the deposit paid by the consumer. The respondent's absence and lack of evidence regarding deductions for materials meant that no deductions could be allowed. The Tribunal declared the respondent's conduct as prohibited under sections 19 and 47(3) of the Act and ordered a full refund with interest, removal of materials, and further conduct restrictions.

Court Disposition

Application granted. Orders issued against the respondent for refund, interest, removal of materials, and conduct restrictions.

Orders

  • The respondent's conduct is declared prohibited conduct in contravention of section 19 and section 47(3) of the Consumer Protection Act 68 of 2008.
  • The respondent is ordered to refund the applicant the full amount of R11,000.00.