Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(b)) [2019] ZANCT 113 (10 July 2019)

Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(b)) [2019] ZANCT 113 (10 July 2019)

The Tribunal found that the Applicant reported the defect in the compact disc player within one month of delivery, and the Respondent failed to provide any credible evidence of tampering or a valid inspection report. The Respondent's bare denial and absence at the hearing meant its version could not be tested under cross-examination. Applying the balance of probabilities, the Tribunal accepted the Applicant's evidence that the compact disc player was defective from the start. The Respondent's conduct, including disregard for the Applicant, MIOSA, and the Tribunal, justified the imposition of an administrative fine. The Tribunal held the Respondent liable to repair or replace the compact...

Citation
[2019] ZANCT 113
Parties
Applicant: Maria Mafadza; Respondent: Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 July 2019
Case Number
NCT/122593/2018/75(1)(b)
Procedural Posture
Review Application / Merits Hearing After Leave to Refer Granted
Outcome
Application upheld. Respondent ordered to repair or replace the compact disc player at its cost and pay an administrative fine, with partial suspension subject to compliance.
Judges
P A Beck, T Woker, D Terblanche
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Defective Goods, Administrative Fine, Default Judgment
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Defective Goods Administrative Fine Default Judgment

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Parties

Maria Mafadza

Applicant

Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd

Respondent

Procedural Posture

Review Application / Merits Hearing After Leave to Refer Granted

Legal Issues

  1. 1 Whether the Respondent supplied the Applicant with a defective compact disc player in breach of the Consumer Protection Act.
  2. 2 Whether the Respondent is liable to repair, replace, or refund the Applicant for the defective compact disc player under section 56 of the CPA.
  3. 3 Whether the Respondent's conduct warrants the imposition of an administrative fine under section 151 of the CPA.

Ratio Decidendi

The Tribunal found that the Applicant reported the defect in the compact disc player within one month of delivery, and the Respondent failed to provide any credible evidence of tampering or a valid inspection report. The Respondent's bare denial and absence at the hearing meant its version could not be tested under cross-examination. Applying the balance of probabilities, the Tribunal accepted the Applicant's evidence that the compact disc player was defective from the start. The Respondent's conduct, including disregard for the Applicant, MIOSA, and the Tribunal, justified the imposition of an administrative fine. The Tribunal held the Respondent liable to repair or replace the compact...

Court Disposition

Application upheld. Respondent ordered to repair or replace the compact disc player at its cost and pay an administrative fine, with partial suspension subject to compliance.

Orders

  • The Application is upheld.
  • The Respondent must repair or replace the Applicant's compact disc player at its own cost by 7 August 2019.