National Consumer Commission v ACS Pre Owned (Pty) Ltd (NCT/222616/2022/73(2)(b) [2022] ZANCT 55 (6 August 2022)

National Consumer Commission v ACS Pre Owned (Pty) Ltd (NCT/222616/2022/73(2)(b) [2022] ZANCT 55 (6 August 2022)

The Tribunal found that the Respondent supplied a vehicle with serious defects that manifested immediately after delivery, contravening the implied warranty of quality under section 55(2) of the CPA. The Respondent failed to repair the vehicle or accept its return, despite statutory obligations and recommendations from the Motor Industry Ombudsman. The Tribunal held that the defects were present at the time of sale and that the consumer was entitled to return the vehicle for repair or refund within six months. Given the extent of the defects and impracticality of repair, the Tribunal ordered a full refund of the purchase price and directed the Respondent to collect the vehicle at its own...

Citation
[2022] ZANCT 55
Parties
Applicant: National Consumer Commission; Respondent: ACS Pre-Owned (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
6 August 2022
Case Number
NCT/222616/2022/73(2)(b)
Procedural Posture
Review Application / Final Judgment After Opposed Hearing; Respondent Absent
Outcome
Application granted in part; Respondent found to have engaged in prohibited conduct and ordered to refund the purchase price and collect the vehicle at its own cost.
Judges
MC Peenze, S Mbhele, P Manzi
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Prohibited Conduct, Refund of Purchase Price, Second Hand Goods, Tribunal Jurisdiction
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Prohibited Conduct Refund of Purchase Price Second Hand Goods Tribunal Jurisdiction

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Parties

National Consumer Commission

Applicant

ACS Pre-Owned (Pty) Ltd

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Hearing; Respondent Absent

Legal Issues

  1. 1 Whether the Respondent contravened sections 55(2) and 56(2) of the Consumer Protection Act by supplying a defective vehicle.
  2. 2 Whether the Applicant is entitled to a refund of the purchase price or repair of the vehicle under the CPA.

Ratio Decidendi

The Tribunal found that the Respondent supplied a vehicle with serious defects that manifested immediately after delivery, contravening the implied warranty of quality under section 55(2) of the CPA. The Respondent failed to repair the vehicle or accept its return, despite statutory obligations and recommendations from the Motor Industry Ombudsman. The Tribunal held that the defects were present at the time of sale and that the consumer was entitled to return the vehicle for repair or refund within six months. Given the extent of the defects and impracticality of repair, the Tribunal ordered a full refund of the purchase price and directed the Respondent to collect the vehicle at its own...

Court Disposition

Application granted in part; Respondent found to have engaged in prohibited conduct and ordered to refund the purchase price and collect the vehicle at its own cost.

Orders

  • The Respondent has contravened section 55(2)(a)-(c) and section 56(2)(a) of the CPA.
  • The contraventions are declared prohibited conduct under section 150(a) of the NCA.