Wicam Accounting Services CC v Mobile Phone Choice CC t/a Epirus (NCT/31174/2015/75(1)) [2016] ZANCT 23 (29 July 2016)

Wicam Accounting Services CC v Mobile Phone Choice CC t/a Epirus (NCT/31174/2015/75(1)) [2016] ZANCT 23 (29 July 2016)

The Tribunal found that the Applicant had clearly communicated specific requirements for a cost-effective, high-volume printer. The Respondent recommended and sold a printer that failed to meet these requirements, resulting in excessive toner consumption and higher costs per page. The Applicant returned the printer within the statutory six-month period and requested a refund, which was refused. The Tribunal held that the Respondent failed to supply goods reasonably suited for the purpose indicated, as required by section 55(3) of the Consumer Protection Act. The Applicant was therefore entitled to a refund under section 56(2) of the Act. The Respondent's failure to oppose the application...

Citation
[2016] ZANCT 23
Parties
Applicant: Wicam Accounting Services CC; Respondent: Mobile Phone Choice CC t/a Epirus
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
29 July 2016
Case Number
NCT/31174/2015/75(1)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Directly to Tribunal After Non Referral by National Consumer Commission; Default Judgment
Outcome
Application for leave to refer directly to the Tribunal granted; Respondent ordered to refund the Applicant the full purchase price of the printer.
Judges
D Terblanche, J Simpson, X May
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Refund for Defective Goods, Default Judgment, Leave to Refer
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Refund for Defective Goods Default Judgment Leave to Refer

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Parties

Wicam Accounting Services CC

Applicant

Mobile Phone Choice CC t/a Epirus

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Directly to Tribunal After Non Referral by National Consumer Commission; Default Judgment

Legal Issues

  1. 1 Whether the Applicant is entitled to refer the matter directly to the Tribunal after non-referral by the National Consumer Commission.
  2. 2 Whether the Respondent supplied goods reasonably suited for the specific purpose indicated by the Applicant under the Consumer Protection Act.
  3. 3 Whether the Applicant is entitled to a refund of the purchase price under section 56 of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the Applicant had clearly communicated specific requirements for a cost-effective, high-volume printer. The Respondent recommended and sold a printer that failed to meet these requirements, resulting in excessive toner consumption and higher costs per page. The Applicant returned the printer within the statutory six-month period and requested a refund, which was refused. The Tribunal held that the Respondent failed to supply goods reasonably suited for the purpose indicated, as required by section 55(3) of the Consumer Protection Act. The Applicant was therefore entitled to a refund under section 56(2) of the Act. The Respondent's failure to oppose the application...

Court Disposition

Application for leave to refer directly to the Tribunal granted; Respondent ordered to refund the Applicant the full purchase price of the printer.

Orders

  • The Applicant's application for leave to refer the matter directly to the Tribunal is granted.
  • The Respondent is to pay the amount of R1399.95 to the Applicant within 30 business days of the date of this order.