South Africa: Consumer Affairs Court

IN THE CONSUMER AFFAIRS COURT FOR THE PROVINCE OF GAUTENG

CASE NO:  GCC/11/2022

In the matter between:

IVAN STUURMAN                                                            Applicant

And

THE MANUFACTURING HOUSE                                    Respondent

JUDGMENT

The matter was heard in an online format on 26 September 2022.  The Applicant was represented by the Consumer Protector.  The Respondent was absent during the proceedings; however, the Respondent was served with the Notification of Set Down on 08 September 2022.  The notice was served within the prescribed period.

The Applicant is claiming a refund for monies paid to the Respondent for the manufacture and delivery of two trailers.  Despite undertakings that it would manufacture and deliver the trailers, the Respondent was unable to perform in terms of its contractual obligations.  Accordingly, the Applicant is entitled to receive his refund as stipulated in the Settlement Agreement.

On 25 July 2022 the Applicant and Respondent entered into a Settlement Agreement whereby the Respondent undertook to make payment to the Applicant in the amount of R65 660,00 (sixty-five thousand six hundred and sixty Rands) in four consecutive monthly instalments of R16 415,00 (sixteen thousand four-hundred and fifteen Rands). The first instalment was to be paid on 31 August 2022. The Applicant confirmed that the first instalment was paid by the Respondent.

IT IS HEREBY ORDERED THAT:

The Settlement Agreement between the parties, signed at Pretoria on 25 July 2022, attached hereto as Annexure “A”, is made an order of the Consumer Affairs Court for the Province of Gauteng.

ORDERED as such on 26 September 2022.

………………………………….

Prof. M A du Plessis

CHAIRPERSON

MEMBERS P Opperman and J M Phukubje concurred