National Consumer Commission v Citton Cars (Pty) Ltd (NCT/118350/2018/73(2)(b)) [2019] ZANCT 10 (23 January 2019)

National Consumer Commission v Citton Cars (Pty) Ltd (NCT/118350/2018/73(2)(b)) [2019] ZANCT 10 (23 January 2019)

The Tribunal found that the settlement agreement presented by the parties could be confirmed as a consent order under section 74 of the Consumer Protection Act, provided that the Applicant amends the agreement to state the full name of its representative and indicate the date and place of signature. The Tribunal directed the Applicant to make these amendments by 27 February 2019 before the agreement could be confirmed.

Citation
[2019] ZANCT 10
Parties
Applicant: National Consumer Commission; Respondent: Citton Cars (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 January 2019
Case Number
NCT/118350/2018/73(2)(b)
Procedural Posture
Administrative Application / Pre Hearing Settlement
Outcome
The Tribunal directed the Applicant to amend the settlement agreement to include the full name of its representative and the date and place of signature, with such amendments to be completed by 27 February 2019.
Judges
PA Beck, M Peenze, H Devraj
Legal Topics
Consumer Protection Act, Settlement Agreement, Consent Order
Administrative Law Commercial and Corporate Consumer Protection Act Settlement Agreement Consent Order

Case Brief

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Parties

National Consumer Commission

Applicant

Citton Cars (Pty) Ltd

Respondent

Procedural Posture

Administrative Application / Pre Hearing Settlement

Legal Issues

  1. 1 Whether the Tribunal should confirm the settlement agreement between the parties as a consent order under section 74 of the Consumer Protection Act.
  2. 2 Whether the settlement agreement requires amendment to comply with procedural requirements.

Ratio Decidendi

The Tribunal found that the settlement agreement presented by the parties could be confirmed as a consent order under section 74 of the Consumer Protection Act, provided that the Applicant amends the agreement to state the full name of its representative and indicate the date and place of signature. The Tribunal directed the Applicant to make these amendments by 27 February 2019 before the agreement could be confirmed.

Court Disposition

The Tribunal directed the Applicant to amend the settlement agreement to include the full name of its representative and the date and place of signature, with such amendments to be completed by 27 February 2019.

Orders

  • The Applicant must state the full name of the representative who signed the settlement agreement on its behalf.
  • The Applicant's representative must indicate on the settlement agreement the date and place of signature.