Ricchi v Woolworths (NCT/18659/2014/137(3)) [2015] ZANCT 10 (31 March 2015)

Ricchi v Woolworths (NCT/18659/2014/137(3)) [2015] ZANCT 10 (31 March 2015)

The Tribunal refused the application because the Applicant failed to provide objective proof of proper service on the Respondent as required by Tribunal Rule 30. Furthermore, the Applicant did not demonstrate compliance with section 134(4), which mandates referral to the Ombud if the credit provider is a participant in a recognised scheme. The Tribunal also found that the order sought does not fall within the powers granted under section 150 of the National Credit Act, as the Applicant could not identify a specific right in the Act that would entitle her to the relief requested. Accordingly, the application was refused and no order as to costs was made.

Citation
[2015] ZANCT 10
Parties
Applicant: Antonietta Amelia Ricchi; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 March 2015
Case Number
NCT/18659/2014/137(3)
Procedural Posture
Review Application / Application for Order Under Section 137(3) of the National Credit Act
Outcome
Application refused.
Judges
J Simpson
Legal Topics
National Credit Act, Alternative Dispute Resolution, Service of Process, Jurisdiction of Tribunal
Banking and Finance Civil Procedure National Credit Act Alternative Dispute Resolution Service of Process Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Antonietta Amelia Ricchi

Applicant

Woolworths

Respondent

Procedural Posture

Review Application / Application for Order Under Section 137(3) of the National Credit Act

Legal Issues

  1. 1 Whether the application was properly served on the Respondent as required by Tribunal rules.
  2. 2 Whether the Applicant complied with the statutory requirement to refer the dispute to the Ombud before approaching the Tribunal.
  3. 3 Whether the Tribunal has the power to grant the order sought under section 137(3) and section 150 of the National Credit Act.

Ratio Decidendi

The Tribunal refused the application because the Applicant failed to provide objective proof of proper service on the Respondent as required by Tribunal Rule 30. Furthermore, the Applicant did not demonstrate compliance with section 134(4), which mandates referral to the Ombud if the credit provider is a participant in a recognised scheme. The Tribunal also found that the order sought does not fall within the powers granted under section 150 of the National Credit Act, as the Applicant could not identify a specific right in the Act that would entitle her to the relief requested. Accordingly, the application was refused and no order as to costs was made.

Court Disposition

Application refused.

Orders

  • The application for an order in terms of section 137(3) of the Act is refused.
  • No order as to costs.