Lubisi v Imperial Select Multifranchise (Pty) Ltd t/a East Rand Multifranchise (NCT/85401/2017/75(1)(b)) [2019] ZANCT 31 (18 March 2019)

Lubisi v Imperial Select Multifranchise (Pty) Ltd t/a East Rand Multifranchise (NCT/85401/2017/75(1)(b)) [2019] ZANCT 31 (18 March 2019)

The Tribunal found that the applicant's complaint falls within the scope of sections 55 and 56 of the Consumer Protection Act, as he reported the defect in the vehicle's suspension within three months of purchase and was promised a replacement that did not materialize. The applicant demonstrated substantial efforts to resolve the matter and the issue is of significant importance to him. The Tribunal was satisfied that the applicant has laid a foundation for a complaint under the Act and that there are reasonable prospects of success. Therefore, leave to refer the complaint directly to the Tribunal is granted.

Citation
[2019] ZANCT 31
Parties
Applicant: Mountville Mkhalemba Lubisi; Respondent: Imperial Select Multifranchise (Pty) Ltd t/a East Rand Multifranchise
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
18 March 2019
Case Number
NCT/85401/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Leave to refer the matter directly to the Tribunal is granted. No order as to costs.
Judges
H Devraj
Legal Topics
Consumer Protection Act, Goods Quality and Safety, Remedies for Defective Goods
Commercial and Corporate Consumer Protection Act Goods Quality and Safety Remedies for Defective Goods

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Parties

Mountville Mkhalemba Lubisi

Applicant

Imperial Select Multifranchise (Pty) Ltd t/a East Rand Multifranchise

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer his complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant has reasonable prospects of success based on alleged contraventions of sections 55 and 56 of the Consumer Protection Act.
  3. 3 Whether the matter is of substantial importance to the applicant.

Ratio Decidendi

The Tribunal found that the applicant's complaint falls within the scope of sections 55 and 56 of the Consumer Protection Act, as he reported the defect in the vehicle's suspension within three months of purchase and was promised a replacement that did not materialize. The applicant demonstrated substantial efforts to resolve the matter and the issue is of significant importance to him. The Tribunal was satisfied that the applicant has laid a foundation for a complaint under the Act and that there are reasonable prospects of success. Therefore, leave to refer the complaint directly to the Tribunal is granted.

Court Disposition

Leave to refer the matter directly to the Tribunal is granted. No order as to costs.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is granted.
  • No order is made as to costs.