Valentine v Audio Vision Canal Walk (Pty) Ltd t/a Samsung Store (NCT/244655/2022/75(1)(b)) [2023] ZANCT 39 (16 August 2023)

Valentine v Audio Vision Canal Walk (Pty) Ltd t/a Samsung Store (NCT/244655/2022/75(1)(b)) [2023] ZANCT 39 (16 August 2023)

The Tribunal found that the applicant was not entitled to compensation or replacement under the Consumer Protection Act, as the television was handed over in good working condition and the damage occurred after delivery due to the applicant's own handling. The respondent provided adequate warnings and instructions, and was not legally liable for post-delivery damage. However, the parties reached a written settlement agreement whereby the respondent would repair and install the television at a reduced cost, and the applicant would pay R6100. The Tribunal was satisfied that the agreement was competent and proper, and confirmed it as a consent order in terms of section 138(1)(b) read with...

Citation
[2023] ZANCT 39
Parties
Applicant: David A Valentine; Respondent: Audio Vision Canal Walk (Pty) Ltd t/a Samsung Store
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 August 2023
Case Number
NCT/244655/2022/75(1)(b)
Procedural Posture
Review Application / Consent Order Following Opposed Hearing and Settlement
Outcome
Settlement agreement confirmed as a consent order; no order as to costs.
Judges
Z Ntuli, C Sassman, CJ Ntsoane
Legal Topics
Consumer Protection Act, Consent Order, Settlement Agreement, Product Liability, Plain Language Information
Commercial and Corporate Civil Procedure Consumer Protection Act Consent Order Settlement Agreement Product Liability Plain Language Information

Case Brief

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Parties

David A Valentine

Applicant

Audio Vision Canal Walk (Pty) Ltd t/a Samsung Store

Respondent

Procedural Posture

Review Application / Consent Order Following Opposed Hearing and Settlement

Legal Issues

  1. 1 Whether the respondent is liable under the Consumer Protection Act for damage to the television after delivery.
  2. 2 Whether the applicant is entitled to compensation or replacement under sections 20 and 22 of the Consumer Protection Act.
  3. 3 Whether the Tribunal should confirm the parties' settlement agreement as a consent order.

Ratio Decidendi

The Tribunal found that the applicant was not entitled to compensation or replacement under the Consumer Protection Act, as the television was handed over in good working condition and the damage occurred after delivery due to the applicant's own handling. The respondent provided adequate warnings and instructions, and was not legally liable for post-delivery damage. However, the parties reached a written settlement agreement whereby the respondent would repair and install the television at a reduced cost, and the applicant would pay R6100. The Tribunal was satisfied that the agreement was competent and proper, and confirmed it as a consent order in terms of section 138(1)(b) read with...

Court Disposition

Settlement agreement confirmed as a consent order; no order as to costs.

Orders

  • The settlement agreement concluded by the parties on 15 August 2023 is confirmed and made an order of the National Consumer Tribunal in terms of section 138(1)(b) read with section 150(d) of the National Credit Act 34 of 2005.
  • There is no order as to costs.