Mafalo v Edcon (NCT/56289/2016/114(1)NCA) [2016] ZANCT 42 (20 October 2016)

Mafalo v Edcon (NCT/56289/2016/114(1)NCA) [2016] ZANCT 42 (20 October 2016)

The Tribunal found that the Applicant had made lawful requests for account statements from the Respondent, who failed to comply with its statutory obligations under section 110 of the National Credit Act. The Respondent was properly served and did not oppose the application. The Tribunal was satisfied, on the balance of probabilities, that the Applicant was entitled to the relief sought. The Tribunal granted the application and ordered the Respondent to provide the required account statement within 22 business days.

Citation
[2016] ZANCT 42
Parties
Applicant: Mmapeu Grace Mafalo; Respondent: Edcon
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 October 2016
Case Number
NCT/56289/2016/114(1)NCA
Procedural Posture
Default Application / Final Determination
Outcome
Application granted. Respondent ordered to provide the requested account statement within 22 business days. No order as to costs.
Judges
J. Simpson, D Terblanche, H Devraj
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Civil Procedure National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Mmapeu Grace Mafalo

Applicant

Edcon

Respondent

Procedural Posture

Default Application / Final Determination

Legal Issues

  1. 1 Whether the Respondent was obliged to provide the Applicant with a statement of her account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant was entitled to relief under section 114 of the National Credit Act due to the Respondent's failure to provide the requested statement.

Ratio Decidendi

The Tribunal found that the Applicant had made lawful requests for account statements from the Respondent, who failed to comply with its statutory obligations under section 110 of the National Credit Act. The Respondent was properly served and did not oppose the application. The Tribunal was satisfied, on the balance of probabilities, that the Applicant was entitled to the relief sought. The Tribunal granted the application and ordered the Respondent to provide the required account statement within 22 business days.

Court Disposition

Application granted. Respondent ordered to provide the requested account statement within 22 business days. No order as to costs.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement of her account under reference number [7....], including the current balance, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due.