Ramesar v BCR Electronics (Pty) Ltd (NCT/260703/2023/75(1)(b)) [2023] ZANCT 38 (7 August 2023)

Ramesar v BCR Electronics (Pty) Ltd (NCT/260703/2023/75(1)(b)) [2023] ZANCT 38 (7 August 2023)

The Tribunal found that the parties had concluded a valid written settlement agreement, signed by or on behalf of both parties, and requested that it be made an order of the Tribunal. The Tribunal was satisfied that the requirements of section 138(1)(b) read with section 150(d) of the National Credit Act, 2005 were met. Accordingly, the Tribunal confirmed the settlement agreement as a consent order, thereby resolving the dispute regarding the repair and return of the applicant's coffee machine. No order as to costs was made.

Citation
[2023] ZANCT 38
Parties
Applicant: Saras Ramesar; Respondent: BCR Electronics (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 August 2023
Case Number
NCT/260703/2023/75(1)(b)
Procedural Posture
Review Application / Consent Order Following Settlement Negotiations
Outcome
The settlement agreement concluded by the parties is confirmed and made an order of the National Consumer Tribunal. No order as to costs.
Judges
S Hockey, Z Ntuli, CJ Ntsoane
Legal Topics
Consumer Protection Act, Settlement Agreement, Consent Order
Commercial and Corporate Civil Procedure Consumer Protection Act Settlement Agreement Consent Order

Case Brief

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Parties

Saras Ramesar

Applicant

BCR Electronics (Pty) Ltd

Respondent

Procedural Posture

Review Application / Consent Order Following Settlement Negotiations

Legal Issues

  1. 1 Whether the Tribunal should confirm the parties' written settlement agreement as a consent order.
  2. 2 Whether the settlement agreement complies with the requirements of section 138(1)(b) read with section 150(d) of the National Credit Act, 2005.

Ratio Decidendi

The Tribunal found that the parties had concluded a valid written settlement agreement, signed by or on behalf of both parties, and requested that it be made an order of the Tribunal. The Tribunal was satisfied that the requirements of section 138(1)(b) read with section 150(d) of the National Credit Act, 2005 were met. Accordingly, the Tribunal confirmed the settlement agreement as a consent order, thereby resolving the dispute regarding the repair and return of the applicant's coffee machine. No order as to costs was made.

Court Disposition

The settlement agreement concluded by the parties is confirmed and made an order of the National Consumer Tribunal. No order as to costs.

Orders

  • The written settlement agreement dated 2 August 2023 is confirmed as an order of the Tribunal in terms of section 138(1)(b) read with section 150(d) of the National Credit Act, 2005.
  • There is no order as to costs.