Vatsha v Shalom Motors (Pty) Ltd (NCT/95174/2017/75(1)(b)) [2018] ZANCT 149 (28 February 2018)

Vatsha v Shalom Motors (Pty) Ltd (NCT/95174/2017/75(1)(b)) [2018] ZANCT 149 (28 February 2018)

The Tribunal found that the applicant demonstrated reasonable prospects of success in his complaint against the respondent, as he incurred significant costs due to defects in the purchased vehicle and the respondent failed to comply with the Motor Industry Ombud's directive. The matter is of substantial importance to both parties, particularly the applicant, who intended to use the vehicle for business purposes and has been left without recourse. The respondent's failure to refund or repair the vehicle as required further supports granting leave. Accordingly, the Tribunal granted the applicant leave to refer the matter directly to the Tribunal for adjudication.

Citation
[2018] ZANCT 149
Parties
Applicant: Tembinkosi Vatsha; Respondent: Shalom Motors (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 February 2018
Case Number
NCT/95174/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After Notice of Non Referral by Commission
Outcome
Leave to refer the complaint directly to the Tribunal is granted.
Judges
X May
Legal Topics
Consumer Protection Act, Leave to Refer, Motor Vehicle Disputes, Non Referral Notice
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Motor Vehicle Disputes Non Referral Notice

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Parties

Tembinkosi Vatsha

Applicant

Shalom Motors (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After Notice of Non Referral by Commission

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success in referring the complaint to the Tribunal.
  2. 2 Whether the matter is of substantial importance to the applicant or respondent.
  3. 3 Whether leave should be granted to refer the complaint after a notice of non-referral by the Commission.

Ratio Decidendi

The Tribunal found that the applicant demonstrated reasonable prospects of success in his complaint against the respondent, as he incurred significant costs due to defects in the purchased vehicle and the respondent failed to comply with the Motor Industry Ombud's directive. The matter is of substantial importance to both parties, particularly the applicant, who intended to use the vehicle for business purposes and has been left without recourse. The respondent's failure to refund or repair the vehicle as required further supports granting leave. Accordingly, the Tribunal granted the applicant leave to refer the matter directly to the Tribunal for adjudication.

Court Disposition

Leave to refer the complaint 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.