Singh v Ted's Home Store CC (NCT/166137/2020/75(1)) [2021] ZANCT 37 (3 August 2021)

Singh v Ted's Home Store CC (NCT/166137/2020/75(1)) [2021] ZANCT 37 (3 August 2021)

The Tribunal found that, although the applicant did not specify the exact basis of her claim under the Consumer Protection Act, her allegations could fall under misrepresentation if she can prove that the lounge set was not made of genuine leather as represented. Sections 55 and 56 of the Act do not apply because the defects arose after two years, outside the statutory six-month period for defective goods. The Tribunal noted that the applicant had not provided clear evidence of misrepresentation but, in the interests of justice, granted her leave to refer the matter to the Tribunal so she may present further evidence, including expert testimony if necessary.

Citation
[2021] ZANCT 37
Parties
Applicant: Rena Singh; Respondent: Ted's Home Store CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
3 August 2021
Case Number
NCT/166137/2020/75(1)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal
Outcome
Leave to refer the matter directly to the Tribunal is granted.
Judges
J Simpson
Legal Topics
Consumer Protection Act, Misrepresentation, Defective Goods, Leave to Refer
Commercial and Corporate Consumer Protection Act Misrepresentation Defective Goods Leave to Refer

Case Brief

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Parties

Rena Singh

Applicant

Ted's Home Store CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer her complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant's claim is based on misrepresentation or defective goods under the Consumer Protection Act.
  3. 3 Whether the applicant has provided sufficient evidence to support her claim of misrepresentation regarding genuine leather.

Ratio Decidendi

The Tribunal found that, although the applicant did not specify the exact basis of her claim under the Consumer Protection Act, her allegations could fall under misrepresentation if she can prove that the lounge set was not made of genuine leather as represented. Sections 55 and 56 of the Act do not apply because the defects arose after two years, outside the statutory six-month period for defective goods. The Tribunal noted that the applicant had not provided clear evidence of misrepresentation but, in the interests of justice, granted her leave to refer the matter to the Tribunal so she may present further evidence, including expert testimony if necessary.

Court Disposition

Leave to refer the matter directly to the Tribunal is granted.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is granted.
  • There is no order as to costs.