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Jacobus v Motus Corporation (Pty) Ltd Trading as Imperial Select Brackenfell (NCT/1152641201S/75(1)(b)CPA) [2019] ZANCT 157 (3 May 2019)

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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 NATIONAL  CONSUMER TRIBUNAL

HELD IN CAPE TOWN

Case  Number:  NCT/1152641201S/75(1)(b)CPA

In the matter between

CAMILO THANDIWE EDWIN JACOBUS                                              APPLICANT

and

MOTUS CORPORATION (PTY) LTD TRADING AS

IMPERIAL SELECT BRACKENFELL                                                     RESPONDENT

Coram:

Adv J Simpson - Presiding Tribunal Member

Ms P Beck                       -  Tribunal Member

Ms M Nkomo                   -  Tribunal Member

Date of hearing                   3 May 2019

Date of Order                   - 3 May 2019

JUDGEMENT AND ORDER

THE PARTIES

1.        The Applicant is Camilo Jacobus (hereinafter referred to as "the Applicant"), an adult male residing in Northpine in Cape Town. At the hearing the Applicant represented himself.

2.         The Respondent is Matus Corporation (Ply) Ltd trading as Imperial Select Brackenfell (registration number CK 1969/002321/07, a company duly registered and incorporated in accordance with the company laws of the Republic of South Africa) with registered address at 1 Van Buuren Road. Bedfordview, Johannesburg (hereinafter referred to as ·the Respondent"). At the hearing the Respondent was represented by Mr D Borgstrom of the Cape Bar, instructed by M Sirkar of Herold Gie Attorneys.

3.           The Applicant initially cited the Respondent as "Imperial Select a division of Motus Corporation (Pty) Ltd trading as Imperial Select Brackenfell. The Respondent corrected the citation in its answering affidavit and clarified that its proper business name is "Matus Corporation (Ply) Ltd trading as Imperial Select Brackenfell. Both parties agreed that the proper business name be reflected in the order and the settlement.

APPLICATION TYPE

4.            This is an application for the refund of the purchase price paid for a used 2011 model Opel Corsa 1.6 Sport ("the Opel"). The Applicant purchased the vehicle from the Respondent and wanted the purchase price of R170 212.00to be refunded to him, due to the car being defective.

BACKGROUND FACTS

5.        The Applicant purchased the Opel on 16 December 2016 for R170 212.00.

6.         The purchase price was financed by MFC, a division of Nedbank Ltd.

7.          The Applicant alleges that the vehicle broke down within two months of purchase due to the engine overheating. Due to the overheating the engine needs major repairs

8.       The matter was set down for a hearing before the National Consumer Tribunal (the Tribunal} in Cape Town on 3 May 2019.

THE HEARING

9         At the hearing of the mailer the Tribunal requested the part.es to first indicate whether they would want to consider a possible settlement before the hearing commences. Both parties confirmed that they would be willing to discuss a possible settlement The parties engaged in initial settlement negotiations and subsequent requested more time from the Tribunal Panel to finalise their settlement negotiations.

10.             The parties presented the Tribunal with their settlement agreement and requested that it be made an order of the Tribunal

11.             The  Tribunal having  satisfied  itself  that  the  dispute  between  the parties has  been  resolved by agreement, agreed to make the settlement agreement entered into between the parties. an order of the Tribunal. The settlement can be made an order of the Tribunal in terms of section 138 of the National Credit Act 35 or 2008.

ORDER

12.            Accordingly, the Tribunal makes the following order:

12.1         The signed settlement agreement entered into between  the parties, attached hereto as "115264/2018 Settlement agreement is hereby made an order of the Tribunal; and

12.2       No order is made as to costs.

DATED 3 MAY 2019

[signed]

Adv J Simpson

Presiding Tribunal Member

Ms M Nkomo (Tribunal member) and Ms P Beck (Tribunal member} concurring.

IN THE NATIONAL CONSUMER TRIBUNAL HELD AT CAPE TOWN

Before Adv J Simpson, Ms P Beck, and Ms M Nkomo

On Friday, 3 May 2019

Case no: NCT/115264/2018/75(1)(b)

In the matter between:

CAMILO THANDIWE EDWIN JACOBUS                                         Applicant

and

MOTUS CORPORATION  (PTY) LTD                                         Respondent

T/A IMPERIAL SELECT BRACKENFELL

ORDER

By consent between the parties, an agreement between them is submitted to the National Consumer  Tribunal ("the Tribunal"), with the request  that It be made an  order  of  the Tribunal in  accordance  with  section 138 of  the National Credit Act 34 of 2005:

1.       In full and final settlement of the application before the Tribunal under the above case number, the Respondent will pay the Applicant an all-inclusive amount  or R70 000.00 (Seventy  Thousand  Rands),  subject  only  to the

following:

1.1 The Applicant must provide the Respondent with documents required  in accordance with the Financial Intelligence Centre Act 38 of 2001; and

1.2 . Within 10 working days of the Applicant providing the documents above. the Respondent must make full payment, without deduction or set-off, of the amount above, lo the following account:

Standard Bank Current account Name: Mr C Jacobus

Account number: 10[…]

Branch number: 051001

Applicant: Carmilo Thandiwe Edwin Jacobus

Respondent: Duly represented by Pieter Jacobs

The agreement above Is made an order of the Tribunal:

REGISTRAR OF THE TRIBUNAL