Sahadeo v Hyundai Automotive South Africa (Pty) Ltd T/A Hyundai Ethekwini (NCT/178924/2021/75(1)(b)) [2022] ZANCT 58 (28 October 2022)

Sahadeo v Hyundai Automotive South Africa (Pty) Ltd T/A Hyundai Ethekwini (NCT/178924/2021/75(1)(b)) [2022] ZANCT 58 (28 October 2022)

The Tribunal found that the applicant failed to prove on a balance of probabilities that the non-aligned boot lid constituted a defect as defined in section 53 of the Consumer Protection Act. The evidence showed that the boot lid was within manufacturer specifications and did not render the vehicle less acceptable, useful, practicable, or safe than a reasonable purchaser would expect. The applicant did not provide objective evidence of what a reasonable consumer would expect from a new Hyundai Creta, nor did he dispute the respondent's assertion regarding manufacturer specifications. The vehicle was used for 117,000 kilometres, further demonstrating its fitness for purpose. The Tribunal...

Citation
[2022] ZANCT 58
Parties
Applicant: Arvin Sahadeo; Respondent: Hyundai Automotive South Africa (Pty) Ltd T/A Hyundai Ethekwini
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 October 2022
Case Number
NCT/178924/2021/75(1)(b)
Procedural Posture
Review Application / Merits Judgment After Leave to Refer Granted
Outcome
Application dismissed; no costs order.
Judges
P A Beck, D Terblanche, F Sibanda
Legal Topics
Consumer Protection Act, Defective Goods, Implied Warranty of Quality, Balance of Probabilities, Prohibited Conduct
Commercial and Corporate Civil Procedure Consumer Protection Act Defective Goods Implied Warranty of Quality Balance of Probabilities Prohibited Conduct

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Parties

Arvin Sahadeo

Applicant

Hyundai Automotive South Africa (Pty) Ltd T/A Hyundai Ethekwini

Respondent

Procedural Posture

Review Application / Merits Judgment After Leave to Refer Granted

Legal Issues

  1. 1 Whether the respondent engaged in prohibited conduct by selling the applicant a defective vehicle in contravention of the Consumer Protection Act.
  2. 2 Whether the non-aligned boot lid constitutes a defect as defined in section 53 of the CPA.
  3. 3 Whether the applicant is entitled to a refund or other relief under sections 54, 55, and 56 of the CPA.

Ratio Decidendi

The Tribunal found that the applicant failed to prove on a balance of probabilities that the non-aligned boot lid constituted a defect as defined in section 53 of the Consumer Protection Act. The evidence showed that the boot lid was within manufacturer specifications and did not render the vehicle less acceptable, useful, practicable, or safe than a reasonable purchaser would expect. The applicant did not provide objective evidence of what a reasonable consumer would expect from a new Hyundai Creta, nor did he dispute the respondent's assertion regarding manufacturer specifications. The vehicle was used for 117,000 kilometres, further demonstrating its fitness for purpose. The Tribunal...

Court Disposition

Application dismissed; no costs order.

Orders

  • The application is dismissed.
  • There is no costs order.