Mmusi v Scheepers Boorwerke (Pty) Ltd t/a Eunever Trading 405 (NW08/2017) [2018] ZACONAF 12 (2 October 2018)

Mmusi v Scheepers Boorwerke (Pty) Ltd t/a Eunever Trading 405 (NW08/2017) [2018] ZACONAF 12 (2 October 2018)

The court found that the defendant received consideration from the plaintiff for services that were not rendered. The evidence established that the plaintiff paid R 16,000.00 and R 14,500.00 for borehole drilling, but the defendant failed to perform the contracted services in full. The defendant's conduct amounted to unfair business practice and contravened section 40 of the Consumer Protection Act and the North West Provincial Government Gazette provisions. The plaintiff was left with a credit of R 13,390.00, which the defendant refused to refund or apply to further services. The court held that consumer justice requires suppliers to deliver quality goods and services within a reasonable...

Citation
[2018] ZACONAF 12
Parties
Plaintiff: Phineas Kotone Mmusi; Defendant: Scheepers Boorwerke (Pty) Ltd t/a Eunever Trading 405
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
2 October 2018
Case Number
NW08/2017
Procedural Posture
Civil Trial / Final Judgment
Outcome
Defendant found to have committed unfair business practice; plaintiff awarded refund, interest, and enforcement costs.
Judges
J. Nkomo, P. Hlahane, K. Kgomongwe
Legal Topics
Consumer Protection Act, Unfair Business Practice, Specific Performance, Contractual Remedies
Commercial and Corporate Civil Procedure Consumer Protection Act Unfair Business Practice Specific Performance Contractual Remedies

Case Brief

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Parties

Phineas Kotone Mmusi

Plaintiff

Scheepers Boorwerke (Pty) Ltd t/a Eunever Trading 405

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant committed an unfair business practice by receiving consideration and failing to render the contracted services.
  2. 2 Whether the plaintiff is entitled to a refund of the amounts paid for services not rendered.
  3. 3 Whether the defendant's conduct contravened section 40 of the Consumer Protection Act and the North West Provincial Government Gazette provisions.

Ratio Decidendi

The court found that the defendant received consideration from the plaintiff for services that were not rendered. The evidence established that the plaintiff paid R 16,000.00 and R 14,500.00 for borehole drilling, but the defendant failed to perform the contracted services in full. The defendant's conduct amounted to unfair business practice and contravened section 40 of the Consumer Protection Act and the North West Provincial Government Gazette provisions. The plaintiff was left with a credit of R 13,390.00, which the defendant refused to refund or apply to further services. The court held that consumer justice requires suppliers to deliver quality goods and services within a reasonable...

Court Disposition

Defendant found to have committed unfair business practice; plaintiff awarded refund, interest, and enforcement costs.

Orders

  • The defendant is found to have contravened section 40 of the Consumer Protection Act and the North West Provincial Government Gazette Number 7743 of 14 March 2017 by receiving consideration from a consumer and not rendering the services sought. The defendant is ordered to pay a fine of R 5,000.00.
  • The defendant is ordered to immediately pay the total of R 13,390.00 to the plaintiff.