Perumal v South African Motorcycles (Pty) Ltd t/a Big Boy Scooters (NCT/86201/2017/75(1)(b)) [2018] ZANCT 4 (21 March 2018)

Perumal v South African Motorcycles (Pty) Ltd t/a Big Boy Scooters (NCT/86201/2017/75(1)(b)) [2018] ZANCT 4 (21 March 2018)

The Tribunal found that the Respondent delivered bikes with incorrect wheels, rendering them unsuitable for the intended purpose under section 55(2)(a) of the Consumer Protection Act. Although the Applicant was entitled to return the goods and claim a refund within six months, he elected to keep and use the bikes, thereby forfeiting the right to a full refund. The Tribunal accepted the Respondent's offer to replace and fit the correct wheels at no cost and to extend the warranty, considering the depreciation of the bikes and the elapsed time since delivery. The Applicant's request for a full refund was dismissed, but the Respondent was ordered to replace the wheels and provide a new...

Citation
[2018] ZANCT 4
Parties
Applicant: Thamenderen Perumal; Respondent: South African Motorcycles (Pty) Ltd t/a Big Boy Scooters
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 March 2018
Case Number
NCT/86201/2017/75(1)(b)
Procedural Posture
Review Application / Final Determination
Outcome
Applicant's request for a full refund is dismissed. Respondent is ordered to replace and fit the correct wheels at no cost and provide a one-year warranty.
Judges
T Bailey, X May, K Moodaliyar
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Refund Rights, Goods Not as Described
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Refund Rights Goods Not as Described

Case Brief

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Parties

Thamenderen Perumal

Applicant

South African Motorcycles (Pty) Ltd t/a Big Boy Scooters

Respondent

Procedural Posture

Review Application / Final Determination

Legal Issues

  1. 1 Whether the Respondent is bound to refund the Applicant the full purchase price of the bikes.
  2. 2 Whether the Respondent is required to replace and fit the correct wheels at no cost to the Applicant.
  3. 3 Whether the Applicant exercised his rights under section 56(2)(b) of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the Respondent delivered bikes with incorrect wheels, rendering them unsuitable for the intended purpose under section 55(2)(a) of the Consumer Protection Act. Although the Applicant was entitled to return the goods and claim a refund within six months, he elected to keep and use the bikes, thereby forfeiting the right to a full refund. The Tribunal accepted the Respondent's offer to replace and fit the correct wheels at no cost and to extend the warranty, considering the depreciation of the bikes and the elapsed time since delivery. The Applicant's request for a full refund was dismissed, but the Respondent was ordered to replace the wheels and provide a new...

Court Disposition

Applicant's request for a full refund is dismissed. Respondent is ordered to replace and fit the correct wheels at no cost and provide a one-year warranty.

Orders

  • The Applicant’s request to be refunded the full purchase price of the bikes is dismissed.
  • The Respondent is to replace and fit the wheels, including any related transport costs, as advertised on its website at no cost to the Applicant within 21 days of the date of this judgment.