Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(B)) [2019] ZANCT 45 (10 March 2019)

Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(B)) [2019] ZANCT 45 (10 March 2019)

The Tribunal found that the applicant's complaint is of substantial importance to her, as evidenced by her persistent efforts to resolve the issue through multiple channels. The applicant reported the defect within the warranty period and provided reasonable explanations for any delay. The respondent's refusal to provide the technician's report and lack of cooperation with MIOSA were contrary to the spirit of the Consumer Protection Act. The Tribunal held that the applicant has satisfied the requirements for leave to refer the matter, as her complaint falls within the ambit of the CPA and there are reasonable prospects of success. The merits of the dispute will be determined at a full...

Citation
[2019] ZANCT 45
Parties
Applicant: Maria Mafadza; Respondent: Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 March 2019
Case Number
NCT/122593/2018/75(1)(B)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Leave to refer the complaint to the Tribunal is granted.
Judges
Bonke Dumisa
Legal Topics
Consumer Protection Act, Leave to Refer, Warranty Claims, Dealer Liability
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Warranty Claims Dealer Liability

Case Brief

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Parties

Maria Mafadza

Applicant

Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer her complaint to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant's complaint regarding the defective CD player falls within the ambit of the Consumer Protection Act.
  3. 3 Whether the applicant has reasonable prospects of success with the referral.

Ratio Decidendi

The Tribunal found that the applicant's complaint is of substantial importance to her, as evidenced by her persistent efforts to resolve the issue through multiple channels. The applicant reported the defect within the warranty period and provided reasonable explanations for any delay. The respondent's refusal to provide the technician's report and lack of cooperation with MIOSA were contrary to the spirit of the Consumer Protection Act. The Tribunal held that the applicant has satisfied the requirements for leave to refer the matter, as her complaint falls within the ambit of the CPA and there are reasonable prospects of success. The merits of the dispute will be determined at a full...

Court Disposition

Leave to refer the complaint to the Tribunal is granted.

Orders

  • The application for leave from the Tribunal is granted.
  • No order is made as to costs.