Masindi v Ramco Motor Company (NCT/122119/2018/75(1)(b)) [2019] ZANCT 20 (12 March 2019)

Masindi v Ramco Motor Company (NCT/122119/2018/75(1)(b)) [2019] ZANCT 20 (12 March 2019)

The Tribunal found that the Applicant had made significant efforts to resolve the dispute and that the matter was of substantial importance to him. The Applicant established a prima facie case under the Consumer Protection Act, particularly section 54, regarding the right to quality service. The Tribunal was satisfied that the Applicant had reasonable prospects of success and that the matter warranted referral. The Respondent's failure to oppose or appear further supported the Applicant's position. Accordingly, leave to refer the complaint directly to the Tribunal was granted.

Citation
[2019] ZANCT 20
Parties
Applicant: Tshamunwe Herry Masindi; Respondent: Ramco Motor Company CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
12 March 2019
Case Number
NCT/122119/2018/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Leave to refer the complaint directly to the Tribunal is granted. No order as to costs.
Judges
H Devraj
Legal Topics
Consumer Protection Act, Quality of Service, Default Judgment, Leave to Refer, Remedies for Defective Goods
Commercial and Corporate Civil Procedure Consumer Protection Act Quality of Service Default Judgment Leave to Refer Remedies for Defective Goods

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Parties

Tshamunwe Herry Masindi

Applicant

Ramco Motor Company CC

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 the complaint directly to the Tribunal.
  2. 2 Whether the Applicant has reasonable prospects of success under the Consumer Protection Act.
  3. 3 Whether the matter is of substantial importance to the Applicant.

Ratio Decidendi

The Tribunal found that the Applicant had made significant efforts to resolve the dispute and that the matter was of substantial importance to him. The Applicant established a prima facie case under the Consumer Protection Act, particularly section 54, regarding the right to quality service. The Tribunal was satisfied that the Applicant had reasonable prospects of success and that the matter warranted referral. The Respondent's failure to oppose or appear further supported the Applicant's position. Accordingly, leave to refer the complaint directly to the Tribunal was granted.

Court Disposition

Leave to refer the complaint 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.