Kwazulu Natal Consumer Protector and Others v CSP Concepts (Pty) Ltd T/A CSP Poultry (KZNCT03/2023) [2023] ZACONAF 10 (25 September 2023)

Kwazulu Natal Consumer Protector and Others v CSP Concepts (Pty) Ltd T/A CSP Poultry (KZNCT03/2023) [2023] ZACONAF 10 (25 September 2023)

The Tribunal found that the Defendant, CSP Concepts (Pty) Ltd T/A CSP Poultry, accepted payment of R195,850.00 from the Fourth Plaintiff for goods and services ordered by the Second Plaintiff but failed to deliver any goods or services. The Defendant did not cooperate with the Office of the KwaZulu Natal Consumer Protector and ignored all attempts at resolution. The Tribunal held that this conduct was in clear breach of multiple provisions of the Consumer Protection Act, including sections 4(5)(a), 15, 19(2), 47(3), and 65(2)(b). The Defendant's actions were unconscionable and amounted to prohibited conduct. The Tribunal ordered the Defendant to refund the full purchase price to the...

Citation
[2023] ZACONAF 10
Parties
Applicant: Kwazulu Natal Consumer Protector; Applicant: Zandile Nomshado Nkosi (on behalf of Eyamthanda Trading & Construction); Applicant: Department of Economic Development Tourism and Environmental Affairs / Operation Vula Fund; Applicant: Kwazulu-Natal Growth Fund Trust; Defendant: CSP Concepts (Pty) Ltd T/A CSP Poultry
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
25 September 2023
Case Number
KZNCT03/2023
Procedural Posture
Civil Application / Final Judgment
Outcome
The Tribunal found in favour of the Plaintiffs. The Defendant was declared to have engaged in prohibited conduct and ordered to refund the purchase price, pay interest, and an administrative penalty.
Judges
B. Dumisa, P. Dabideen, R. Hand
Legal Topics
Consumer Protection Act, Prohibited Conduct, Refund of Purchase Price, Administrative Penalty, Interest on Debt
Commercial and Corporate Civil Procedure Consumer Protection Act Prohibited Conduct Refund of Purchase Price Administrative Penalty Interest on Debt

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kwazulu Natal Consumer Protector

Applicant

Zandile Nomshado Nkosi (on behalf of Eyamthanda Trading & Construction)

Applicant

Department of Economic Development Tourism and Environmental Affairs / Operation Vula Fund

Applicant

Kwazulu-Natal Growth Fund Trust

Applicant

CSP Concepts (Pty) Ltd T/A CSP Poultry

Defendant

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Did the Defendant breach the Consumer Protection Act by failing to deliver goods and services after payment was made.
  2. 2 Is the Defendant liable to refund the purchase price and pay interest and an administrative penalty.
  3. 3 What is the appropriate relief to be granted to the Plaintiffs.

Ratio Decidendi

The Tribunal found that the Defendant, CSP Concepts (Pty) Ltd T/A CSP Poultry, accepted payment of R195,850.00 from the Fourth Plaintiff for goods and services ordered by the Second Plaintiff but failed to deliver any goods or services. The Defendant did not cooperate with the Office of the KwaZulu Natal Consumer Protector and ignored all attempts at resolution. The Tribunal held that this conduct was in clear breach of multiple provisions of the Consumer Protection Act, including sections 4(5)(a), 15, 19(2), 47(3), and 65(2)(b). The Defendant's actions were unconscionable and amounted to prohibited conduct. The Tribunal ordered the Defendant to refund the full purchase price to the...

Court Disposition

The Tribunal found in favour of the Plaintiffs. The Defendant was declared to have engaged in prohibited conduct and ordered to refund the purchase price, pay interest, and an administrative penalty.

Orders

  • The Defendant is declared to have engaged in prohibited conduct in contravention of sections 4(5)(a), 15, 19(2), 47(3), and 65(2)(b) and (c) of the Consumer Protection Act 68 of 2008.
  • The Defendant is ordered to refund the Fourth Plaintiff the full purchase price of R195,850.00.