South Africa Case Law

Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (A261/2021)

Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (A261/2021) [2022] ZAGPPHC 831 (2 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

A261/2021

Judges

Retief AJ, Ndlokovane AJ

The court found that the transaction between Platinum Wheels and Mr Links was a supply of goods for consideration in the ordinary course of business, making Platinum Wheels the supplier under the Consumer Protection Act. The defence under section 55(6) did not apply to section 55(2)(c), which guarantees durability for a reasonable period. The implied warranty of quality under section 56 was triggered when the vehicle failed after repairs within the statutory period, obliging Platinum Wheels to refund the purchase price. The Tribunal's refund order was set aside and replaced with an order for…

Source excerpt

• Consumer Protection Act
• Implied Warranty Of Quality
• Refund Remedy
• Administrative Fine
• Jurisdictional Enquiry
• Durability Of Goods

Bed replaced 3 times: Supplier's offer to replace base endorsed (2013613250)

Bed replaced 3 times: Supplier's offer to replace base endorsed (2013613250) [2013] ZACGSO 5 (16 September 2013)

Court

Consumer Goods and Services Ombud

Case number

2013613250

Judge

Bonita Hughes

A consumer complaint about a noisy bed was resolved by endorsing the supplier’s offer to replace the bed base at no charge after warranty periods had expired.

• Consumer Protection Act
• Automatic Warranty
• Durability Of Goods
• Refund Policy
• Material Defect
• Consumer-protection-act