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IN THE CONSUMER AFFAIRS COURT FOR THE NORTH WEST PROVINCE

HELD AT MMABATHO

 

  Case number: NW09/2017

 

In the matter between:-

 

SARAH GABAAKE MOLAMU                                                                       PLAINTIFF

 

and

 

RIEDEWAAN GORA T/A AUTO SALES WAREHOUSE                                DEFENDANT

 

ON 12 JUNE 2018

 

 JUDGMENT

 

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

 

 

Introduction

 

[1]        The plaintiff in this matter is Mrs. Sarah Gabaake Molamu. She is an adult female person who resides in Lichtenburg. The defendant on the other hand is Mr. Riedwaan Gora who trades as AutoSales Warehouse in Klerksdorp. The plaintiff reported allegations of an unfair business practice against the defendant. It is as a result of the report that summons was issued and served upon the defendant on 10 May 2018. The matter was scheduled for 12 June 2018.

 

[2]       It seems that the plaintiff entered into a contract of sale in terms of which she purchased an Amandla CMC Minibus motor vehicle (registration number CKX 909 L) from the defendant for the amount of R 110 000.00 and on 11 July 2017. She seems to have paid a deposit of R 65 000.00. After taking delivery of the motor vehicle, it had a few mechanical issues which needed repairs and were done at the expense of the plaintiff. These were rounded off to R 3 000.000 by the parties. More problems seemed to have emerged which prompted the plaintiff to return the motor vehicle to the defendant in or around September 2017. She was never refunded her deposit of R 65 000.00 together with the costs of the repairs that she had effected. This is how she gets to report the case for investigation and eventual adjudication thereof by this court.

 

[3]        On 12 June 2018 the plaintiff was in attendance and being represented by Mr. Letsogo who occupies the position of Consumer Protector. It was placed on record that the defendant having signed an acknowledgement of debt was not in attendance at the hearing. Mr. Letsogo requested that the acknowledgement of debt form the basis upon which an order is given by this court.

 

Order

 

[3]        Having considered the submissions made by Mr. Letsogo on behalf of the plaintiff as well as having read the papers on record, the following order is hereby given:-

 

1.         The acknowledgment of debt dated 28 May 2018 and as signed by the defendant is attached to this judgment and marked “X”.

 

2.         The defendant is ordered to pay the amount of R 68 000.00 at the rate of R 5 000.00 per month from 1 July 2018.

3.         The second and subsequent payments of R 5 000.00 per month must be made on or before the first day of each new month and until the whole balance owing is paid in full.

 

4.         Where an installment or part thereof is not paid on its due date, the whole balance then owing will become due and payable immediately.

 

5.         The defendant shall be liable for the costs of enforcing this judgment in the case of non-compliance therewith. Such costs shall be on the party and party scale “B” of the tariff of costs applicable to magistrate’s courts.

 

 

John Nkomo

Chairperson

 

FOR THE PLAINTIF:          MR.LETSOGO

                                                CONSUMER PROTECTOR’S OFFICE

                                                NWDC BUILDING

MMABATHO

 

DEFENDANT:                      RIEDWAAN GORA T/A AUTOSALES WAREHOUSE

                                                JOE SLOVO ROAD

                                                KLERKSDORP

NORTH WEST

           

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