Mlotshwa v NTT Motor Investment (Pty) Ltd t/a NTT Nissan, Ladysmith (NCT/81252/2017/75(1) (b)) [2018] ZANCT 78 (3 July 2018)

Mlotshwa v NTT Motor Investment (Pty) Ltd t/a NTT Nissan, Ladysmith (NCT/81252/2017/75(1) (b)) [2018] ZANCT 78 (3 July 2018)

The Tribunal found that the Applicant had entered into a settlement agreement with the Respondent, which resolved the dispute regarding the vehicle's description in the credit agreement. The Respondent complied with the terms of the agreement, and the Applicant confirmed the vehicle matched the description and was in good order. The Applicant's refusal to sign the hand-written addendum was found to be without legal basis under the Consumer Protection Act. The Tribunal concluded that the application for leave to refer lacked reasonable prospects of success and that the matter had been disposed of by the settlement agreement. Accordingly, the application for leave to refer was refused.

Citation
[2018] ZANCT 78
Parties
Applicant: Sandile Alley Mlotshwa; Respondent: NTT Motor Investment (Pty) Ltd t/a NTT Nissan, Ladysmith
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
3 July 2018
Case Number
NCT/81252/2017/75(1) (b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Application for leave to refer the complaint directly to the Tribunal is refused.
Judges
FK Manamela
Legal Topics
Consumer Protection Act, Leave to Refer, Settlement Agreement, Credit Agreement Description
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Settlement Agreement Credit Agreement Description

Case Brief

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Parties

Sandile Alley Mlotshwa

Applicant

NTT Motor Investment (Pty) Ltd t/a NTT Nissan, Ladysmith

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the application for leave to refer the complaint directly to the Tribunal should be granted.
  2. 2 Whether there are reasonable prospects of success in the Applicant's case given the existence of a settlement agreement.

Ratio Decidendi

The Tribunal found that the Applicant had entered into a settlement agreement with the Respondent, which resolved the dispute regarding the vehicle's description in the credit agreement. The Respondent complied with the terms of the agreement, and the Applicant confirmed the vehicle matched the description and was in good order. The Applicant's refusal to sign the hand-written addendum was found to be without legal basis under the Consumer Protection Act. The Tribunal concluded that the application for leave to refer lacked reasonable prospects of success and that the matter had been disposed of by the settlement agreement. Accordingly, the application for leave to refer was refused.

Court Disposition

Application for leave to refer the complaint directly to the Tribunal is refused.

Orders

  • The application for leave to refer the complaint directly to the Tribunal is refused.
  • There is no order as to costs.