Leutle v Kolev Motors CC (NCT/136678/2019/75(1)(b)) [2021] ZANCT 26 (20 July 2021)

Leutle v Kolev Motors CC (NCT/136678/2019/75(1)(b)) [2021] ZANCT 26 (20 July 2021)

The Tribunal found that the Respondent supplied a vehicle that was not of good quality, not in good working order, and not durable for a reasonable period, as required by section 55(2) of the CPA. The defects manifested within six months of delivery, and repairs did not remedy the problem. The Applicant was entitled under section 56(2) and (3) to return the vehicle and claim a refund of the purchase price without deduction for 'wear and tear', as the CPA does not provide for such a limitation in cases of defective goods. The MIOSA recommendation to deduct for 'wear and tear' was not supported by the CPA and would result in an injustice to the consumer. The Respondent's conduct constituted...

Citation
[2021] ZANCT 26
Parties
Applicant: Lordwick Mogalakane Leutle; Respondent: Kolev Motors CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 July 2021
Case Number
NCT/136678/2019/75(1)(b)
Procedural Posture
Review Application / Merits Hearing After Leave to Refer Granted
Outcome
Applicant's case upheld; Respondent found to have engaged in prohibited conduct under the CPA.
Judges
F Manamela, H Devraj, PA Beck
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Prohibited Conduct, Return of Defective Goods, Statutory Remedies
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Prohibited Conduct Return of Defective Goods Statutory Remedies

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Parties

Lordwick Mogalakane Leutle

Applicant

Kolev Motors CC

Respondent

Procedural Posture

Review Application / Merits Hearing After Leave to Refer Granted

Legal Issues

  1. 1 Whether the Consumer Protection Act applies to the transaction between the parties.
  2. 2 Whether the Respondent contravened any section of the Consumer Protection Act by supplying a defective vehicle.
  3. 3 Whether the Applicant is entitled to relief under the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the Respondent supplied a vehicle that was not of good quality, not in good working order, and not durable for a reasonable period, as required by section 55(2) of the CPA. The defects manifested within six months of delivery, and repairs did not remedy the problem. The Applicant was entitled under section 56(2) and (3) to return the vehicle and claim a refund of the purchase price without deduction for 'wear and tear', as the CPA does not provide for such a limitation in cases of defective goods. The MIOSA recommendation to deduct for 'wear and tear' was not supported by the CPA and would result in an injustice to the consumer. The Respondent's conduct constituted...

Court Disposition

Applicant's case upheld; Respondent found to have engaged in prohibited conduct under the CPA.

Orders

  • The Applicant's case is upheld.
  • The Applicant may approach the Chairperson of the Tribunal for a certificate to claim damages in the High Court.