National Consumer Commission v Nu Menu (Pty) Ltd t/a Nu Menu Solutions (NCT/225188/2022/73(2)(b)) [2022] ZANCT 41 (19 July 2022)

National Consumer Commission v Nu Menu (Pty) Ltd t/a Nu Menu Solutions (NCT/225188/2022/73(2)(b)) [2022] ZANCT 41 (19 July 2022)

The Tribunal found that the Respondent supplied a water desalination system that failed to perform as marketed and was not fit for human consumption. The Respondent made misleading representations about the system's capabilities and its own role as manufacturer. Despite repeated requests and mediation, the Respondent refused to repair, replace, or refund the system. The Tribunal held that these actions constituted contraventions of sections 20(2)(d), 29(a) and (b), 41(1)(a), 41(2)(a), 41(3)(a), 41(3)(b)(i) and (ii), 55(2)(a)-(d), 55(3), and 56(2)(a)-(b) of the Consumer Protection Act. The Tribunal further found that the Respondent's refusal to refund constituted continuing prohibited...

Citation
[2022] ZANCT 41
Parties
Applicant: National Consumer Commission; Respondent: NU MENU (PTY) LTD T/A NU MENU SOLUTIONS
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 July 2022
Case Number
NCT/225188/2022/73(2)(b)
Procedural Posture
Default Application / Final Judgment After Default Hearing
Outcome
Application granted. The Respondent is declared to have engaged in prohibited conduct, is interdicted from further contraventions, must refund the consumer with interest, and must pay an administrative penalty.
Judges
D Terblanche, B Dumisa, A Potwana
Legal Topics
Consumer Protection Act, Misrepresentation, Refund of Purchase Price, Administrative Penalty, Default Order
Commercial and Corporate Civil Procedure Consumer Protection Act Misrepresentation Refund of Purchase Price Administrative Penalty Default Order

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Parties

National Consumer Commission

Applicant

NU MENU (PTY) LTD T/A NU MENU SOLUTIONS

Respondent

Procedural Posture

Default Application / Final Judgment After Default Hearing

Legal Issues

  1. 1 Did the Respondent contravene sections 20(2)(d), 29(a) and (b), 41(1)(a), 41(2)(a), 41(3)(a), 41(3)(b)(i) and (ii), 55(2)(a)-(d), 55(3), and 56(2)(a)-(b) of the Consumer Protection Act?
  2. 2 Is the consumer entitled to a refund of the purchase price and interest for the defective water desalination system?
  3. 3 Is the imposition of an administrative penalty justified under section 112(2) of the CPA?

Ratio Decidendi

The Tribunal found that the Respondent supplied a water desalination system that failed to perform as marketed and was not fit for human consumption. The Respondent made misleading representations about the system's capabilities and its own role as manufacturer. Despite repeated requests and mediation, the Respondent refused to repair, replace, or refund the system. The Tribunal held that these actions constituted contraventions of sections 20(2)(d), 29(a) and (b), 41(1)(a), 41(2)(a), 41(3)(a), 41(3)(b)(i) and (ii), 55(2)(a)-(d), 55(3), and 56(2)(a)-(b) of the Consumer Protection Act. The Tribunal further found that the Respondent's refusal to refund constituted continuing prohibited...

Court Disposition

Application granted. The Respondent is declared to have engaged in prohibited conduct, is interdicted from further contraventions, must refund the consumer with interest, and must pay an administrative penalty.

Orders

  • The Respondent's contraventions of sections 20(2)(d), 29(a) and (b), 41(1)(a), 41(2)(a), 41(3)(a), 41(3)(b)(i) and (ii), 55(2)(a)-(d), 55(3), and 56(2)(a)-(b) of the CPA are declared prohibited conduct.
  • The Respondent is interdicted from engaging in prohibited conduct under the CPA.