Mafalo v Mr Price Group (NCT/56281/2016/114(1)NCA) [2016] ZANCT 45 (20 October 2016)

Mafalo v Mr Price Group (NCT/56281/2016/114(1)NCA) [2016] ZANCT 45 (20 October 2016)

The Tribunal found that the Applicant had made repeated lawful requests for a statement of account from the Respondent, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not appear to oppose the application. The Tribunal was satisfied that the Respondent was properly served and that the Applicant had established her case on a balance of probabilities. The Tribunal held that the Respondent was legally obliged to provide the requested statement and granted the application, ordering the Respondent to deliver the statement within 22 business days.

Citation
[2016] ZANCT 45
Parties
Applicant: Mmapeu Grace Mafalo; Respondent: Mr Price Group
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 October 2016
Case Number
NCT/56281/2016/114(1)NCA
Procedural Posture
Default Application / Final Determination
Outcome
Application granted. Respondent ordered to provide the requested statement of account within 22 business days.
Judges
J. Simpson, D Terblanche, H Devraj
Legal Topics
Consumer Credit, Statement of Account, National Credit Act, Default Judgment
Banking and Finance Consumer Credit Statement of Account National Credit Act Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Mmapeu Grace Mafalo

Applicant

Mr Price Group

Respondent

Procedural Posture

Default Application / Final Determination

Legal Issues

  1. 1 Whether the Respondent was obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant is 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 repeated lawful requests for a statement of account from the Respondent, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not appear to oppose the application. The Tribunal was satisfied that the Respondent was properly served and that the Applicant had established her case on a balance of probabilities. The Tribunal held that the Respondent was legally obliged to provide the requested statement and granted the application, ordering the Respondent to deliver the statement within 22 business days.

Court Disposition

Application granted. Respondent ordered to provide the requested statement of account within 22 business days.

Orders

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