Van der Heyde v A to Z Motors CC (NCT/119741/2018/75(1)(b)) [2019] ZANCT 55 (5 April 2019)

Van der Heyde v A to Z Motors CC (NCT/119741/2018/75(1)(b)) [2019] ZANCT 55 (5 April 2019)

The Tribunal found that the applicant's complaint fell squarely within the ambit of the Consumer Protection Act, as she had purchased a vehicle that was defective and her attempts to have it repaired by the respondent were unsuccessful. The applicant demonstrated that the matter was of substantial importance to her, having made significant efforts to resolve the issue through various channels, including the Motor Industry Ombudsman and the National Consumer Commission. The Tribunal was satisfied that the applicant had laid a sufficient foundation for a complaint under the CPA and that there were reasonable prospects of success should the matter proceed. The Tribunal therefore granted the...

Citation
[2019] ZANCT 55
Parties
Applicant: Monica van der Meyde; Respondent: A to Z Motors CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 April 2019
Case Number
NCT/119741/2018/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Leave to refer the matter directly to the Tribunal is granted; no order as to costs.
Judges
MC Peenze
Legal Topics
Consumer Protection Act, Leave to Refer, Quality of Goods, Implied Warranty, Refund Claim
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Quality of Goods Implied Warranty Refund Claim

Case Brief

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Parties

Monica van der Meyde

Applicant

A to Z Motors CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Consumer Protection Act

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 has reasonable prospects of success with her referral.
  3. 3 Whether the matter is of substantial importance to the applicant.

Ratio Decidendi

The Tribunal found that the applicant's complaint fell squarely within the ambit of the Consumer Protection Act, as she had purchased a vehicle that was defective and her attempts to have it repaired by the respondent were unsuccessful. The applicant demonstrated that the matter was of substantial importance to her, having made significant efforts to resolve the issue through various channels, including the Motor Industry Ombudsman and the National Consumer Commission. The Tribunal was satisfied that the applicant had laid a sufficient foundation for a complaint under the CPA and that there were reasonable prospects of success should the matter proceed. The Tribunal therefore granted the...

Court Disposition

Leave to refer the matter directly to the Tribunal is granted; no order as to costs.

Orders

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