SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE CONSUMER AFFAIRS COURT FOR THE NORTH WEST PROVINCE
HELD AT MMABATHO

               Case number: NW08/2017

In the matter between:-

KLAAS TATOLO TLOU		 					     PLAINTIFF

and

RIEDEWAAN GORA T/A R.MOTORS			    		   DEFENDANT

ON 24 APRIL 2018

JUDGMENT

J.Nkomo (P. Hlahane and K.Kgomongwe concurring) 

Introduction

[1]	The plaintiff, Klaas Tatolo Tlou of [….] reported allegations of an unfair practice against the defendant, Riedewaan Gora who trades as R. Motors in Klerksdorp. 

[2]	It appears that the plaintiff and the defendant entered into a contract of sale in terms of which the plaintiff purchased a certain Toyota Corolla motor vehicle from the defendant on 30 November 2014. The agreed purchase price was in the amount of R 40 000.0 which the plaintiff paid on 30 November 2014 and thereafter took delivery of the motor vehicle. It is alleged that the motor vehicle experienced a breakdown less than three kilometers away from the defendant’s premises on the day of its delivery. It was towed back to the defendant’s premises.

[3]	It seems that the defendant failed/neglected or refused to repair the motor vehicle, neither did he refund the purchase price. As such the plaintiff reported the dispute to the Motor Industry Ombudsman of South Africa (the MIO). The MIO through its letter dated 15 February 2016 recommended that the defendant refund the plaintiff the purchase price of R 40 000.00. The defendant seems not to have complied with this outcome hence the reporting of the matter to the North West Consumer Affairs Court. Summons was issued against the defendant on 10 May 2018 and was served upon the defendant on 10 May 2018. This was after the issuing of a routine letter of demand dated 16 April 2018 that was served upon the defendant on 17 April 2018.

[4]	The matter served before this court on 12 June 2018 on which date the defendant was absent. Mr. Letsogo who acted on behalf of the plaintiff as the Consumer Protector stated that the defendant was absent as per arrangement with his office and following a signed acknowledgement of debt which was to be the basis for the order that Mr. Letsogo was seeking.

The order

[3]	Having considered the papers filed of record as well as having considered the applicable laws, the following order is issued:-

3.1	The written and signed acknowledgement of debt that is signed by the defendant and dated 28 May 2018 is attached to this judgement marked “X” and made an order of this court subject to the variations contained hereunder.

3.2	The first payment of R 5 000.00 shall be made on 01 July 2018.

3.3	Where an instalment or part thereof is not paid on its due date, the whole balance then owing shall become due and payable immediately.

3.4	The defendant shall be responsible for the costs that may be incurred by the plaintiff in the process of enforcing this order. Such costs shall be on the party and party scale “B” of the tariff of costs applicable in the competent court.

John Nkomo
Chairperson

FOR THE PLAINTIF: 	MR.LETSOGO
				CONSUMER PROTECTOR’S OFFICE
				NWDC BUILDING 
MMABATHO

DEFENDANT: 		RIEDWAAN GORA T/A R. MOTORS
				78 ISMAIL STREET
				MANZILPARK