Kwazulu-Natal Consumer Tribunal And Another v GS Signs (KZNCT04/2022) [2022] ZACONAF 16 (12 September 2022)

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE KWAZULU-NATAL CONSUMER TRIBUNAL HELD IN DURBAN

Case number: KZNCT04/2022

In the matter between:

KWAZULU-NATAL CONSUMER TRIBUNAL FIRST PLAINTIFF

JORDACHEGOVENDER

(Name of the CONSUMER)

SECOND PLAINTIFF

And

GS SIGNS

DEFENDANT

Coram:

Prof B Dumisa: Chairperson and Presiding Tribunal Member

Ms A Sewpersad: Tribunal Member

Ms P Ndlovu: Tribunal Member

Date of Hearing: 31 August 2022

Date of Judgment: 12 September 2022

JUDGEMENT AND SETTLEMENT ORDER

PLAINTIFF

FIRST PLAINTIFF

1. The First Plaintiff in this matter is the OFFICE OF THE KWAZULU-NATAL CONSUMER PROTECTOR, established in terms of Section 5 of the KwaZulu-Natal Consumer Protector Act (the "Act")(hereinafter referred to as "the First Plaintiff', with head Offices at 270 Jabu Street, Pietermaritzburg, in the Prof of KwaZulu-Natal.

1.1 The Office of the KwaZulu-Natal Consumer Protector falls under the Department of Economic Development, Tourism and Environmental Affairs (EDTEA) in the Province of KwaZulu-Natal.

1.2 At the Hearings, the First Plaintiff was represented by Mr Ryan Moodley, a Deputy Director in the Office of the KwaZulu-Natal Consumer Protector, in the employ of the First Plaintiff.

1.3 The First Plaintiff's Investigation Report was deposed by Ms Vanessa Shabangu, an Investigator appointed within Consumer Protection Services, in the employ of the First Plaintiff.

SECOND PLAINTIFF

2. The Second Plaintiff, the Consumer, in this matter is Mr Jordache Govender, a major male who is a resident of Durban, in the Province of KwaZulu-Natal.

2.1 He is the owner of an Audi S6, 2013 model, with registration number [....], which is the subject of dispute in this case.

2.2 He had taken his car to the Defendant for "Wrapping". But, upon collection, he noticed that the work conducted on his vehicle was of poor standard and quality. Concerns that he had on the work conducted on his vehicle, included the following:

2.2.1 the vehicle had air bubbles under the wrap;

2.2.2 the wrap on the vehicle was lifting at the corners;

2.2.3 the vehicle had scratches on certain parts;

2.2.4 there was sand and debris under the surface of the vehicle wrap; and

2.2.5 his vehicle's original badge had been poorly attached back on the vehicle using a two-way tape and q-bond glue, instead of professionally reinstating the badge as originally attached.

2.3 He lodged a complaint against the Defendant in terms of Part Hof the Consumer Protection Act, No. 68 of 2008, as amended ("the CPA"), which guarantees consumers "Right to fair value, good quality and safety" through Sections 53-61 of the Act.

2.4 At the Hearing, the Second Plaintiff was represented by an Attorney, Ms Ureshni Govender.

DEFENDANT

3. The Defendant is GS SIGNS (Pty) Ltd, with registration number K2018312975, a company and service provider, with its principal place of business situated at 26 Crassula Road, Micropark Unit 55, Cornubia, KwaZulu-Natal, 4339 and whose full and further particulars are unknown to the Second Plaintiff.

4. At the Hearing, the Defendant was represented by an Attorney, Mr Keshlen Naidoo of K&N Attorneys.

THE HEARING

5. This matter was set down for hearings at least twice before this third hearing on the 31st of August 2022.

5.1 At the first hearing, the parties requested that the hearing be postponed in order to allow the paties time to negotiate a Settlement Agreement.

5.2 At the second hearing, the parties had not yet agreed on any Settlement Agreement.

5.3 At the third and final hearing, the parties had not yet agreed on any Settlement Agreement; but the KZN Consumer Tribunal made it clear it intended concluding the matter that day, 31 August 2022.

5.4 It is against this background that the parties finally agreed on this Settlement Agreement attached, as agreed to by all parties.

6. The following witnesses had been summoned to come and testify at this hearing, and did attend though not used due to the finalization of this Settlement Agreement:

6.1 Ms Madelein Pretorious

6.2 Jan Nortje

6.3 Avirnd Coarpersadh

6.4 Jean Pirrie Smith

CONCLUSION

7. Consequently, the Tribunal is persuaded that it is appropriate to grant the request of the parties that their Settlement Agreement be made an Order of the KZN Consumer Tribunal.

ORDER

8. Accordingly, the Tribunal makes the following order:

The Settlement Agreement, dated the 3P1 of August 2022, concluded between the First Plaintiff, Second Plaintiff, and The Defendant, which is attached as "Annexure A", under case KZNCT04/2022, is confirmed and made an order of the KwaZulu-Natal Consumer Tribunal in terms of Section 150(d) of the National Credit Act, Act 34 of 2005.

9. There is no order as to costs.

Thus, done and signed in Durban on this 12th Day of September 2022.

Prof. B. Dumisa

Chairperson and Presiding Tribunal Member

Ms. A Sewpersad (Tribunal Member) and Ms. P Ndlovu (Tribunal Member) concurring.

ANNEXURE A

In the KwaZulu-Natal Consumer Tribunal

Case no: KZNCT04/2022

KwaZulu Natal Consumer Protector

First Plaintiff

Jordache Govender

Second Plaintiff

GS SIGNS

Defendant

SETTLEMENT AGREEMENT

WHEREAS the Second Plaintiff sought an order against the Defendant for, inter alia,

i) Refund of full deposit R9600-00;

ii) Costs to remove to remove the wrap in the amount of R5750.00

iii) Payment of R76 658.28 for the repair to the motor vehicle;

iv) Payment of R13 594.73 for costs to repair the damages to the motor vehicle caused to the body control unit;

v) Alternative relief.

WHEREAS the parties deem it necessary to settle the matter.

NOW THEREFORE IT IS AGREED AS FOLLOWS:-

1.

The Defendant will pay the Second Plaintiff in sum of R56 822.00 in settlement of the claim payable as follows:-

1.1 Payment in the amount of R35 000.00 on or before the 7th September 2022;

1.2 Payment in the amount of R7 274.00 on or before the 30th September 2022;

1.3 Payment in the amount of R7 274.00 on or before the 30th October 2022; and

1.4 Payment in the amount of R7274.00 on or before the 30th November 2022.

2.

2.1 The Defendant is to pay the amounts stipulated in paragraph 1above directly into the Second Plaintiffs bank account, details of which are as follows:-

Account Holder: Jordache Govender

Bank name: ASSA

Type:

Savings

Account number: [....]

Branch code: 632005

Ref:

KZNTC04/2022

2.2 The Defendant is to quote the reference KZNTC04/2022 when making payment.

3.

In the event that the Defendant fails to make payment in terms of agreement one above of defaults in any payment as agreed above, then the full claim in respect of

i) Refund of full deposit R9600-00;

ii) Costs to remove to remove the wrap in the amount of R5750.00

iii) Payment of R76 658.28 for the repair to the motor vehicle;

iv) Payment of R13 594.73 for costs to repair the damages to the motor vehicle caused to the body control unit;

Becomes, immediately due owing and payable.

4.

Any variation will only be of force if it is reduced in writing and signed by both parties.

5.

The First Plaintiff agrees to the above.

6.

The parties consent to the terms and conditions of this settlement agreement being made an order of the KwaZulu Natal Consumer Tribunal.

Dated at Durban on this 31st day of August 2022.

First Plaintiff

Ryan Moodley

Deputy Director : Consumer Protection

Second Plaintiff

Jordache Govender

Defendant

Duly authorised

Keshlen Naidoo

Attorney for Defendant

K&N Attorneys