Mkwalo v Mystical Summer Trading 57 CC t/a Ultimate Auto (NCT/122479/2018/75(1)(b)) [2019] ZANCT 65 (15 May 2019)

Mkwalo v Mystical Summer Trading 57 CC t/a Ultimate Auto (NCT/122479/2018/75(1)(b)) [2019] ZANCT 65 (15 May 2019)

The Tribunal found that the matter is of substantial importance to the applicant, who continues to pay for a vehicle not in his possession. The uncontested evidence shows the vehicle broke down shortly after purchase, and if found defective, the applicant may be entitled to a refund, replacement, or repair under section 56 of the Consumer Protection Act. The respondent failed to respond, and all allegations are deemed admitted. The Tribunal concluded there are reasonable prospects of success and granted leave to refer the matter.

Citation
[2019] ZANCT 65
Parties
Applicant: Lumkile Mkwalo; Respondent: Mystical Summer Trading 57 CC t/a Ultimate Auto
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 May 2019
Case Number
NCT/122479/2018/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Leave to refer is granted; no order as to costs.
Judges
J Simpson
Legal Topics
Consumer Protection Act, Leave to Refer, Default Judgment, Vehicle Purchase Dispute
Commercial and Corporate Consumer Protection Act Leave to Refer Default Judgment Vehicle Purchase Dispute

Case Brief

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Parties

Lumkile Mkwalo

Applicant

Mystical Summer Trading 57 CC t/a Ultimate Auto

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer the complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant has reasonable prospects of success in his claim against the respondent.
  3. 3 Whether the matter is of substantial importance to the applicant and/or respondent.

Ratio Decidendi

The Tribunal found that the matter is of substantial importance to the applicant, who continues to pay for a vehicle not in his possession. The uncontested evidence shows the vehicle broke down shortly after purchase, and if found defective, the applicant may be entitled to a refund, replacement, or repair under section 56 of the Consumer Protection Act. The respondent failed to respond, and all allegations are deemed admitted. The Tribunal concluded there are reasonable prospects of success and granted leave to refer the matter.

Court Disposition

Leave to refer is granted; no order as to costs.

Orders

  • The applicant's application for leave to refer is granted.
  • There is no order as to costs.