Motlhasedi v Anas Ahmed Shaik t/a Kopano Distributor Project CC (NW11/2018) [2018] ZACONAF 4 (26 July 2018)

Motlhasedi v Anas Ahmed Shaik t/a Kopano Distributor Project CC (NW11/2018) [2018] ZACONAF 4 (26 July 2018)

The defendant failed to deliver the goods on the agreed date or within a reasonable time after the conclusion of the agreement, in contravention of section 19(2)(a)(i) of the Consumer Protection Act. The plaintiff's evidence was uncontested. The court found that the plaintiff was entitled to cancel the contract and claim a refund of the monies paid. The consumer agreement was ordered cancelled, and the defendant was ordered to refund the plaintiff immediately.

Citation
[2018] ZACONAF 4
Parties
Plaintiff: Gaogakwe Junior Motlhasedi; Defendant: Anas Ahmed Shaikh t/a Kopano Distributor Project CC
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
26 July 2018
Case Number
NW11/2018
Procedural Posture
Civil Procedure / Default Judgment
Outcome
Judgment for the plaintiff; consumer agreement cancelled; defendant ordered to refund R950.00 and liable for enforcement costs.
Judges
J.Nkomo, K.Kgomongwe, Khula
Legal Topics
Consumer Protection Act, Failure to Deliver Goods, Contract Cancellation, Refund Claim
Commercial and Corporate Consumer Protection Act Failure to Deliver Goods Contract Cancellation Refund Claim

Case Brief

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Parties

Gaogakwe Junior Motlhasedi

Plaintiff

Anas Ahmed Shaikh t/a Kopano Distributor Project CC

Defendant

Procedural Posture

Civil Procedure / Default Judgment

Legal Issues

  1. 1 Whether the supplier failed to deliver the goods on the agreed date or within a reasonable time after the conclusion of the consumer agreement.
  2. 2 Whether the plaintiff is entitled to cancel the contract and claim a refund under section 19(2)(a)(i) of the Consumer Protection Act.

Ratio Decidendi

The defendant failed to deliver the goods on the agreed date or within a reasonable time after the conclusion of the agreement, in contravention of section 19(2)(a)(i) of the Consumer Protection Act. The plaintiff's evidence was uncontested. The court found that the plaintiff was entitled to cancel the contract and claim a refund of the monies paid. The consumer agreement was ordered cancelled, and the defendant was ordered to refund the plaintiff immediately.

Court Disposition

Judgment for the plaintiff; consumer agreement cancelled; defendant ordered to refund R950.00 and liable for enforcement costs.

Orders

  • The consumer agreement concluded on 05 March 2018 is cancelled with effect from 24 July 2018.
  • The defendant is ordered to immediately refund the amount of R950.00 to the plaintiff.