National Consumer Commission v Kempster Sedgwick (Pty) Ltd t/a CHM Used Cars (NCT/210256/2021/73(2)(b)) [2022] ZANCT 7 (23 February 2022)

National Consumer Commission v Kempster Sedgwick (Pty) Ltd t/a CHM Used Cars (NCT/210256/2021/73(2)(b)) [2022] ZANCT 7 (23 February 2022)

The Tribunal found that the respondent failed to supply the vehicle with run-flat tyres as required by the manufacturer's specifications and the sale agreement. This rendered the vehicle less useful, practicable, and safe, constituting a defect under the Consumer Protection Act. The consumer notified the respondent of the defect within six months and elected to have the tyres replaced, but the respondent refused. The respondent's conduct amounted to prohibited conduct under sections 55(2)(a) and (b) and 56(2)(a) of the CPA. The Tribunal considered the respondent's lack of cooperation with MIOSA and the NCC, the inconvenience suffered by the consumer, and the importance of compliance in...

Citation
[2022] ZANCT 7
Parties
Applicant: National Consumer Commission; Respondent: Kempster Sedgwick (Pty) Ltd t/a CHM Used Cars
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 February 2022
Case Number
NCT/210256/2021/73(2)(b)
Procedural Posture
Review Application / Default Judgment After Respondent Failed to File Answering Affidavit.
Outcome
Application granted. Respondent found to have engaged in prohibited conduct and ordered to replace tyres and pay an administrative fine.
Judges
T Woker, K Moodaliyar, A Potwana
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Prohibited Conduct, Administrative Fine, Default Judgment
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Prohibited Conduct Administrative Fine Default Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

National Consumer Commission

Applicant

Kempster Sedgwick (Pty) Ltd t/a CHM Used Cars

Respondent

Procedural Posture

Review Application / Default Judgment After Respondent Failed to File Answering Affidavit.

Legal Issues

  1. 1 Whether the respondent supplied goods that were reasonably suitable for their intended purpose and of good quality as required by the Consumer Protection Act.
  2. 2 Whether the respondent contravened sections 55(2)(a) and (b) and 56(2)(a) of the Consumer Protection Act by failing to supply run-flat tyres as specified.
  3. 3 Whether the consumer is entitled to have the tyres replaced with run-flat tyres under section 56(2)(a) of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the respondent failed to supply the vehicle with run-flat tyres as required by the manufacturer's specifications and the sale agreement. This rendered the vehicle less useful, practicable, and safe, constituting a defect under the Consumer Protection Act. The consumer notified the respondent of the defect within six months and elected to have the tyres replaced, but the respondent refused. The respondent's conduct amounted to prohibited conduct under sections 55(2)(a) and (b) and 56(2)(a) of the CPA. The Tribunal considered the respondent's lack of cooperation with MIOSA and the NCC, the inconvenience suffered by the consumer, and the importance of compliance in...

Court Disposition

Application granted. Respondent found to have engaged in prohibited conduct and ordered to replace tyres and pay an administrative fine.

Orders

  • The respondent is to replace Mrs Bowers' tyres with run-flat tyres within 15 business days of the date of this judgment.
  • The respondent is to pay an administrative fine of R50,000.00 into the National Revenue Fund within 30 business days of the date of this judgment.