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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 KWAZULU-NATAL CONSUMER TRIBUNAL

HELD VIRTUALLY

 

Case number: KZNCT17/2023

 

 

In the matter between:

 

KWAZULU-NATAL CONSUMER PROTECTOR       FIRST PLAINTIFF

 

GRAHAM JOHN MEALIN on behalf of

STUTT PLANT AND EQUIPMENT (PTY) LTD

(Name of the Consumer)                                         SECOND PLAINTIFF

 

and

 

CAMQUIP CC                                                            DEFENDANT

(Reg No. 2006/033500/07)

 

Coram:

Prof. B Dumisa                  -         Chairperson & Presiding Member

Ms A. Sewpersad              -         Member

Ms P. Dabideen                 -         Member

 

Date of Hearing                        -          02 October 2023

Date of Settlement Order         -           03 October 2023

 

 

SETTLEMENT ORDER

 

 

PLAINTIFFS FIRST PLAINTIFF

 

1.           The First Plaintiff in this matter is the OFFICE OF THE KWAZULU-NATAL CONSUMER PROTECTOR, established in terms of Section 5 of the KwaZulu-Natal Consumer Protector Act (the "Act") (hereinafter referred to as "the First Plaintiff'), with head Offices at 270 Jabu Street, Pietermaritzburg, in the Province of KwaZulu-Natal.

 

2.           The Office of the KwaZulu-Natal Consumer Protector falls under the Department of Economic Development, Tourism and Environmental Affairs (EDTEA) in the Province of KwaZulu-Natal.

 

3.           At the hearing, the First Plaintiff was represented by Mr Ryan Moodley, a Deputy Director in the Office of the KwaZulu-Natal Consumer Protector, in the employ of the First Plaintiff.

 

4.           The First Plaintiffs Investigation Report was deposed by Ms S Ngobese, an Investigator in the Consumer Complaints Handling Unit within the Office of Consumer Protector KwaZulu-Natal, at the EDTEA Pietermaritzburg Head-Offices.

 

SECOND PLAINTIFF

 

5.           The Consumer, who is the Second Plaintiff in this matter is Mr Graham John Mealin, a major male who resides in and operates from 19 Magai Drive, Zinkwazi, llembe District, in the Province of KwaZulu-Natal (hereinafter referred to as "the Second Plaintiff' or "the Consumer''). He is acting on behalf of Stutt Plant And Equipment (Pty) Ltd.

 

6.           The Second Plaintiff lodged his complaint against the Defendant on the 3rd of April 2023.

 

7.           At the Hearing, the Second Plaintiff represented himself.

 

DEFENDANT

 

8.           The Defendant in this matter is CAMQUIP CC , a private company duly registered in terms of the company laws of the Republic of South Africa, with its principal place of business situated at 19 Sanders Road, Scotsville, Pietermaritzburg, in the Province of KwaZulu-Natal (the "Defendant"). It is being represented by its owner Ms Angela Maud, a major female.

 

9.           The Defendant represented herself at the hearing.

 

BACKGROUND

 

10.       The Consumer purchased a Cable Yarder from the Defendant, and paid for it in two payments on 12 August and 15 August 2022:

 

10.1     The Cable Yarder was collected from the Defendant on 27 September 2022 and put into service on or about 17 October 2022.

 

10.2     On 2 December 2022 the machine suffered a main hydraulic pump failure, having worked for less than 100 hours in total (closer to 50 hours).

 

10.3     The breakdown was reported to Craig Maud from the Defendant who declined any responsibility for the breakdown.

 

10.4     On 13 December 2022 the repair quotation was sent to the Defendant.

 

10.5     On 23 December 2022 a letter was sent to the Defendant requesting them to repair the pump, but the Defendant declined this request.

 

10.6     When the Defendant declined repairing this Cable Yarder; the Second Plaintiff accepted a quotation from Arnschell Hydraulics who repaired the pump, and re-installed it.

 

10.7     The Second Plaintiff wrote a letter to the Defendant asking them to reimburse the Second Plaintiff for these costs totalling R95892.75 for repairing and re-installing this Cable Yarder.

 

10.8     The Defendant simply ignored all the correspondence from the Second Plaintiff.

 

10.9     It was on the basis of this dismissive attitude by the Defendant that the Second Plaintiff lodged a formal complaint against the Defendant at the Office of the KwaZulu-Natal Consumer Protector on 03 April 2023.

 

APPLICATION TYPE AND ORDER SOUGHT

 

11.       The KZN Consumer Tribunal (hereinafter referred to "the Tribunal") derives the jurisdiction for hearing this matter under Section 21 of the KwaZulu-Natal Consumer Protection Act, 4 of 2013 (the KZNCPA).

 

12.       The Second Plaintiff wanted the Defendant to reimburse the Second Plaintiff in full for the repairs.

 

THE FIRST PLAINTIFF'S EFFORTS TO RESOLVE THIS COMPLAINT

 

13.       The First Plaintiff mediated this matter between the parties; which culminated in a Settlement Agreement being agreed to by both parties. See "Annexture A" attached.

 

THE HEARING

 

14.       The matter was set down for hearing on the 2nd of October 2023.

 

15.       The main reason for the Hearing was for the parties to apply for the Tribunal to make their Settlement Agreement an Order of the KZN Consumer Tribunal.

 

ORDER

 

16.       The Settlement Agreement under case number KZNCT17/2023 as recorded between the parties and attached as Annexure A , hereto, is hereby made an ORDER of the KwaZulu-Natal Consumer Tribunal

 

17.       Ms Angela Maud is confirmed as Surety and Co-Principal Debtor on this Settlement Order.

 

 

DATED ON THIS 3rd of October 2023

 

 

[Signed]

Prof B Dumisa

PRESIDING TRIBUNAL MEMBER

 

Ms A Sewpersad (Member & Alternate Deputy Chairperson) and Ms P Dabideen concurring

 

 

ANNEXURE        A

 

 

IN THE KWAZULU NATAL CONSUMER TRIBUNAL HELD AT DURBAN

 

CASE NUMBER; KZNCT17/2023

 

 

THE KWAZULU NATAL CONSUMER PROTECTOR      FIRST PLAINTIFF

 

GRAHAM JOHN MEALIN ON BEHALF OF

STUTT PLANT AND EQUIPEMENT (PTY) LTD               SECOND PLAINTIFF

 

CAMQUIPCC                                                                     FIRST DEFENDANT

WITH BUSINESS REGISTRATION NO: ck2007/227955/23

 

 

SETTLEMENT AGREEMENT

 

 

WHEREAS the consumer lodged a complaint with the Office of the KwaZulu-Natal Consumer Protector in terms of the Consumer Protection Act. 68 of 2008 and the KwaZulu-Natal Consumer Protection Act 04 of 2013.

 

AND WHEREAS the Office of the Consumer Protector KwaZulu-Natal facilitated the handling of the complaint which was referred to the KwaZulu-Natal Consumer Tribunal.

 

AND WHEREAS subject to the confirmation of the Consumer Tribunal in terms of S10 of the KwaZulu-Natal Consumer Protection Act 04 of 2013 the parties agreed to settle the complaint on the following terms:-

 

1.  The First Defendant hereby undertake to refund the Second Plaintiff an amount of R 100 000.00 (Hundred Thousand Rands) ·payable in instalments of R16 666.67 (Sixteen Thousand Six Hundred Sixty-six Rands and Sixty-seven Cents) over a period of six months. Each instalment payment is due on the last working day of each month commencing from the 30th of September 2023.

 

2.          The abovementioned payment will be paid directly to the Second Plaintiffs bank account with details as follows:-

 

First National Bank

Account Number: 6[....]1

Branch Code: 250102

Account Holder details: Stutt Plant and Equipment (Pty) Ltd

 

3.          The Second Plaintiff will have no other claim against the defendant.

 

4.          Should the First Defendant fail to pay as set in point 1 above, the full amount of R100 000.00 (Hundred Thousand Rands) shall immediately become due, owing and payable to the Second Plaintiff.

 

5.          In the event of the abovementioned payment not being made on the due date, the full amount outstanding will become due and payable by the First Defendant immediately to the Second Plaintiff.

 

6.          The parties agree that the Second Plaintiff shall approach any competent court to enforce this agreement which is made an order of the Consumer Tribunal and to further seek Interest at the prescribed rate at the time this agreement was made an order of the KwaZulu-Natal Consumer Tribunal.

 

7.          The parties further agree that the terms and conditions of this agreement will be made an order of the KwaZulu-Natal Consumer Tribunal.

 

 

Dated at DURBAN on this 20 day of September 2023.

 

First Plaintiff

Represented by Mr R Moodley

 

 

Graham John Mealin

On behalf of Stutt Plant and Equipment Pty Ltd

Second Plaintiff

 

 

CAMQUIP CC

First Defendant

 

 

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