Maluleke v Farhad Omar Ismail Trading Trust t/a Squad Cars Motor Group (I.T) (NCT/146540/2019/75(1)(b)) [2022] ZANCT 9 (2 February 2022)

Maluleke v Farhad Omar Ismail Trading Trust t/a Squad Cars Motor Group (I.T) (NCT/146540/2019/75(1)(b)) [2022] ZANCT 9 (2 February 2022)

The Tribunal found that the Respondent supplied a vehicle that was defective from the outset, with repeated breakdowns and mechanical failures occurring within the first three months of delivery. The Respondent refused to accept the return of the vehicle or refund the purchase price, instead electing to repair the vehicle and use the Applicant's warranty, leaving the Applicant liable for additional costs. The Tribunal held that the Applicant was entitled under section 56(2) of the CPA to return the vehicle within six months without penalty and obtain a refund, replacement, or repair. The Respondent's conduct constituted prohibited conduct under the CPA, as it deprived the Applicant of his...

Citation
[2022] ZANCT 9
Parties
Applicant: Tsakane Alford Maluleke; Respondent: Farhad Omar Ismail Trading Trust t/a Squad Cars Motor Group (I.T)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 February 2022
Case Number
NCT/146540/2019/75(1)(b)
Procedural Posture
Review Application / Merits Hearing and Final Judgment
Outcome
The Respondent was found to have contravened sections 55 and 56 of the Consumer Protection Act, constituting prohibited conduct. An administrative fine was imposed and the Applicant was granted leave to pursue damages in the High Court.
Judges
P Beck, L Best, F Manamela
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Prohibited Conduct, Administrative Fine, Return of Defective Goods
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Prohibited Conduct Administrative Fine Return of Defective Goods

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Parties

Tsakane Alford Maluleke

Applicant

Farhad Omar Ismail Trading Trust t/a Squad Cars Motor Group (I.T)

Respondent

Procedural Posture

Review Application / Merits Hearing and Final Judgment

Legal Issues

  1. 1 Whether the Respondent contravened sections 55 and 56 of the Consumer Protection Act by supplying a defective vehicle to the Applicant.
  2. 2 Whether the Applicant was entitled to return the vehicle and obtain a refund or replacement under the CPA.
  3. 3 Whether the Respondent's conduct constituted prohibited conduct under the CPA.

Ratio Decidendi

The Tribunal found that the Respondent supplied a vehicle that was defective from the outset, with repeated breakdowns and mechanical failures occurring within the first three months of delivery. The Respondent refused to accept the return of the vehicle or refund the purchase price, instead electing to repair the vehicle and use the Applicant's warranty, leaving the Applicant liable for additional costs. The Tribunal held that the Applicant was entitled under section 56(2) of the CPA to return the vehicle within six months without penalty and obtain a refund, replacement, or repair. The Respondent's conduct constituted prohibited conduct under the CPA, as it deprived the Applicant of his...

Court Disposition

The Respondent was found to have contravened sections 55 and 56 of the Consumer Protection Act, constituting prohibited conduct. An administrative fine was imposed and the Applicant was granted leave to pursue damages in the High Court.

Orders

  • The Respondent must pay an administrative fine of R100,000.00 (One Hundred Thousand Rand) into the National Revenue Fund within 30 business days of the judgment date.
  • The Applicant is entitled to approach the executive chairperson of the Tribunal to obtain a certificate in terms of section 115(2)(b) of the CPA to claim damages in the High Court.