South Africa Case Law

Davids and Another v M & Y Tombstones and Granite Works (Pty) Ltd (NCT/267544/2023/75(1)(b))

Davids and Another v M & Y Tombstones and Granite Works (Pty) Ltd (NCT/267544/2023/75(1)(b)) [2024] ZANCT 43 (27 September 2024)

Court

National Consumer Tribunal

Case number

NCT/267544/2023/75(1)(b)

Judges

C Sassman, N Maseti, MC Peenze

The Tribunal found that the respondent failed to provide the contracted service in a manner and quality that consumers are generally entitled to expect, as required by section 54(1)(b)-(c) of the Consumer Protection Act. The respondent delivered a single-tier tombstone made with inferior materials instead of the agreed four-tier granite tombstone, and the structure has deteriorated rapidly. The respondent did not oppose the application, and under Rule 13(5), the applicants' allegations are deemed admitted. The Tribunal concluded that the applicants suffered financial and emotional prejudice a…

Source excerpt

• Consumer Protection Act
• Quality Of Goods And Services
• Supplier Liability
• Refund Entitlement

Kwazulu-Natal Consumer Tribunal And Another v GS Signs (KZNCT04/2022)

Kwazulu-Natal Consumer Tribunal And Another v GS Signs (KZNCT04/2022) [2022] ZACONAF 16 (12 September 2022)

Court

Consumer Affairs Court

Case number

KZNCT04/2022

Judges

B Dumisa, A Sewpersad, P Ndlovu

The KwaZulu-Natal Consumer Tribunal confirmed a settlement over defective vehicle wrapping work and made it an order, with payment terms and no costs order.

• Consumer Protection Act
• Settlement Agreement
• Refund Of Deposit
• Quality Of Goods And Services
• Consumer-protection-act
• Settlement-agreement

Kwazulu-Natal Consumer Protector And Another v PAQT (Pty) Ltd (KZNCT07/2022)

Kwazulu-Natal Consumer Protector And Another v PAQT (Pty) Ltd (KZNCT07/2022) [2022] ZACONAF 1 (12 July 2022)

Court

Consumer Affairs Court

Case number

KZNCT07/2022

Judges

A. Sewpersad, N. Nursoo, P. Ndlovu

The Tribunal found PAQT (Pty) Ltd’s conduct prohibited under the Consumer Protection Act and ordered it to refund a R8,000 deposit after defective, delayed cupboard work.

• Consumer Protection Act
• Quality Of Goods And Services
• Implied Warranty Of Quality
• Refund Of Deposit
• Consumer-protection
• Defective-workmanship

James v Noordhoek Motors (Pty) Ltd t/a Hyundai Pinetown (NCT/103531/2018/75(1)(b))

James v Noordhoek Motors (Pty) Ltd t/a Hyundai Pinetown (NCT/103531/2018/75(1)(b)) [2018] ZANCT 96 (11 October 2018)

Court

National Consumer Tribunal

Case number

NCT/103531/2018/75(1)(b)

Judge

Tanya Woker

The Tribunal granted leave to refer a consumer complaint about an allegedly wrong vehicle model and alleged misleading representations by the dealer.

• Consumer Protection Act
• False And Misleading Representations
• Quality Of Goods And Services
• Leave To Refer
• Ombud Non Response
• Consumer-protection-act

Govender v Advance Pools CC (NCT/107447/2018/75(1)(b))

Govender v Advance Pools CC (NCT/107447/2018/75(1)(b)) [2018] ZANCT 63 (2 August 2018)

Court

National Consumer Tribunal

Case number

NCT/107447/2018/75(1)(b)

Judge

D R Terblanche

The Tribunal granted condonation for the late filing of a consumer complaint referral, finding good cause, minimal prejudice, and prospects of success.

• Condonation Of Late Filing
• Consumer Protection Act
• Quality Of Goods And Services
• Res Judicata
• Condonation
• Consumer-protection-act