Van Eeden v Eezi Move Furniture Removals (Pty) Ltd (NCT/260892/2023/75(1)(b)) [2023] ZANCT 47 (5 October 2023)

Van Eeden v Eezi Move Furniture Removals (Pty) Ltd (NCT/260892/2023/75(1)(b)) [2023] ZANCT 47 (5 October 2023)

The Tribunal found that the respondent failed to perform its services with the degree of care and quality that persons are generally entitled to expect, as required by section 54(1)(b) and (d) of the Consumer Protection Act. The respondent's reliance on its terms and conditions to indemnify itself from liability was rejected, as section 51(1)(b) prohibits such contractual waivers of statutory consumer rights. The Tribunal was satisfied that the respondent's conduct constituted prohibited conduct under the CPA, causing the applicant financial prejudice. The applicant is therefore entitled to approach the Tribunal Chairperson for a certificate to claim damages in a civil court.

Citation
[2023] ZANCT 47
Parties
Applicant: Susanna Engela Helena Van Eeden; Respondent: Eezi Move Furniture Removals (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 October 2023
Case Number
NCT/260892/2023/75(1)(b)
Procedural Posture
Review Application / Final Determination
Outcome
The application is granted. The respondent is found to have contravened section 54(1)(b) and (d) of the Consumer Protection Act and engaged in prohibited conduct. The applicant may seek a certificate to claim damages in a civil court. No cost order is made.
Judges
C Sassman, P Manzi-Ntshingila, A Potwana
Legal Topics
Consumer Protection Act, Quality of Service, Contractual Indemnity, Damages, Prohibited Conduct
Commercial and Corporate Civil Procedure Consumer Protection Act Quality of Service Contractual Indemnity Damages Prohibited Conduct

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Parties

Susanna Engela Helena Van Eeden

Applicant

Eezi Move Furniture Removals (Pty) Ltd

Respondent

Procedural Posture

Review Application / Final Determination

Legal Issues

  1. 1 Whether the respondent performed its services in a manner and quality that persons are generally entitled to expect under section 54(1) of the Consumer Protection Act.
  2. 2 Whether the respondent's terms and conditions validly indemnified it from liability for damage to the applicant's property.
  3. 3 Whether the applicant is entitled to compensation for financial prejudice caused by the respondent's conduct.

Ratio Decidendi

The Tribunal found that the respondent failed to perform its services with the degree of care and quality that persons are generally entitled to expect, as required by section 54(1)(b) and (d) of the Consumer Protection Act. The respondent's reliance on its terms and conditions to indemnify itself from liability was rejected, as section 51(1)(b) prohibits such contractual waivers of statutory consumer rights. The Tribunal was satisfied that the respondent's conduct constituted prohibited conduct under the CPA, causing the applicant financial prejudice. The applicant is therefore entitled to approach the Tribunal Chairperson for a certificate to claim damages in a civil court.

Court Disposition

The application is granted. The respondent is found to have contravened section 54(1)(b) and (d) of the Consumer Protection Act and engaged in prohibited conduct. The applicant may seek a certificate to claim damages in a civil court. No cost order is made.

Orders

  • The respondent has contravened section 54(1)(b) and (d) of the Consumer Protection Act.
  • The respondent's contravention is declared prohibited conduct.