Sebothoma v National Consumer Commission and Another (NCT/9136/2013/75(1)(b)) [2014] ZANCT 26 (23 June 2014)

Sebothoma v National Consumer Commission and Another (NCT/9136/2013/75(1)(b)) [2014] ZANCT 26 (23 June 2014)

The Tribunal found that the Applicant failed to prove, on a balance of probabilities, that the Second Respondent was liable under the Consumer Protection Act for the alleged defects and damages. The evidence showed the Applicant consented to the removal of the prop shaft and was aware of the use of a second-hand IRD unit. There was no misrepresentation or unfair contract terms. The Tribunal determined that the subsequent gearbox failure was not caused by the repairs performed by the Second Respondent. While the Second Respondent did not return the faulty IRD unit as required by section 67(1) of the CPA, this omission did not entitle the Applicant to a refund or replacement under the Act....

Citation
[2014] ZANCT 26
Parties
Applicant: Makgomo Degracia Sebothoma; Respondent: National Consumer Commission; Respondent: Three Lions
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 June 2014
Case Number
NCT/9136/2013/75(1)(b)
Procedural Posture
Review Application / Final Determination After Hearing on Merits
Outcome
Application for relief under the Consumer Protection Act denied.
Judges
F Manamela, X May, J Simpson
Legal Topics
Consumer Protection Act, Quality of Service, Implied Warranty of Quality, Return of Parts, Condonation, Misrepresentation
Commercial and Corporate Consumer Protection Act Quality of Service Implied Warranty of Quality Return of Parts Condonation Misrepresentation

Case Brief

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Parties

Makgomo Degracia Sebothoma

Applicant

National Consumer Commission

Respondent

Three Lions

Respondent

Procedural Posture

Review Application / Final Determination After Hearing on Merits

Legal Issues

  1. 1 Whether the Second Respondent provided services in accordance with the Consumer Protection Act, specifically regarding quality of service and implied warranty of quality.
  2. 2 Whether the Applicant consented to the removal of the prop shaft and was aware the IRD unit was second-hand.
  3. 3 Whether the removal of the prop shaft caused damage to the gearbox splines.

Ratio Decidendi

The Tribunal found that the Applicant failed to prove, on a balance of probabilities, that the Second Respondent was liable under the Consumer Protection Act for the alleged defects and damages. The evidence showed the Applicant consented to the removal of the prop shaft and was aware of the use of a second-hand IRD unit. There was no misrepresentation or unfair contract terms. The Tribunal determined that the subsequent gearbox failure was not caused by the repairs performed by the Second Respondent. While the Second Respondent did not return the faulty IRD unit as required by section 67(1) of the CPA, this omission did not entitle the Applicant to a refund or replacement under the Act....

Court Disposition

Application for relief under the Consumer Protection Act denied.

Orders

  • The Applicant's application for relief in terms of the CPA is denied.
  • There is no order as to costs.