Perumal v Big Boy Scooters (SA Motorcycles (Pty) Ltd) (NCT/86201/2017/75(1)(b)) [2017] ZANCT 117 (8 October 2017)

Perumal v Big Boy Scooters (SA Motorcycles (Pty) Ltd) (NCT/86201/2017/75(1)(b)) [2017] ZANCT 117 (8 October 2017)

The Tribunal found that the applicant had made a concerted effort to pursue his complaint through all available channels, including MIOSA and the NCC, and that the matter was of substantial importance to him. The applicant's allegations regarding false advertising, defective goods, and lack of redress fell within the scope of the Consumer Protection Act. The Tribunal noted that the applicant was unrepresented but had identified relevant statutory provisions and that the respondent had failed to comply with an industry ombud ruling. The Tribunal applied the test for leave to refer, considering both the importance of the matter and the reasonable prospects of success, and concluded that the...

Citation
[2017] ZANCT 117
Parties
Applicant: Thamenderen Deven Perumal; Respondent: Big Boy Scooters (SA Motorcycles (Pty) Ltd)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
8 October 2017
Case Number
NCT/86201/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal
Outcome
Leave to refer the complaint to the Tribunal is granted.
Judges
Tanya Woker
Legal Topics
Consumer Protection Act, False Advertising, Quality of Goods, Refund Rights, Industry Ombud Rulings
Commercial and Corporate Civil Procedure Consumer Protection Act False Advertising Quality of Goods Refund Rights Industry Ombud Rulings

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Parties

Thamenderen Deven Perumal

Applicant

Big Boy Scooters (SA Motorcycles (Pty) Ltd)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer the complaint to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant's complaint falls within the ambit of the Consumer Protection Act and has reasonable prospects of success.
  3. 3 Whether the matter is of substantial importance to the applicant.

Ratio Decidendi

The Tribunal found that the applicant had made a concerted effort to pursue his complaint through all available channels, including MIOSA and the NCC, and that the matter was of substantial importance to him. The applicant's allegations regarding false advertising, defective goods, and lack of redress fell within the scope of the Consumer Protection Act. The Tribunal noted that the applicant was unrepresented but had identified relevant statutory provisions and that the respondent had failed to comply with an industry ombud ruling. The Tribunal applied the test for leave to refer, considering both the importance of the matter and the reasonable prospects of success, and concluded that the...

Court Disposition

Leave to refer the complaint to the Tribunal is granted.

Orders

  • The application for leave from the Tribunal is granted.
  • No order is made as to costs.