At the hearing the Applicant represented himself. The application forms also indicate that the Respondent accepts correspondence at the following email addresses: [ There was no appearance at the hearing by the Respondent or its representative.
The application brought before the Tribunal is in terms of section 75 1 b of the CPA. The Applicant is now applying for leave from the Tribunal for the complaint to be referred directly to the Tribunal.
In accordance with section 75 1 bonly the for sale for leave is being considered at this stage by a single member of the Tribunal. This judgment is based on the documents before the Tribunal as well as information provided by the Applicant at the hearing held in Cape Town on 6 October The name of the dealership is No Limited Quads.
The bikes were not available at the dealership on 19 March but the Applicant confirmed that the particular model he required was available from the Respondent and the dealership undertook to source the bikes for him. The dealership undertook to deliver the bikes to his home.
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The Applicant purchased the two bikes after conducting a great deal of research for bikes that he regarded as being suitable for his purposes. He wanted off-road bikes for riding on sand dunes as he lived on the coast.
He regarded this particular model of bike as being suitable for his purposes because the website clearly indicated that the TTR12S5 model comes with oversized 16 inch rear and 19 inch front wheels.
The bigger wheels meant that the bikes would be much more stable when ridden on sand and would therefore be much safer. The website also stated that this particular model is aimed at slightly taller or older riders who can handle the extra ride height and stability of the bigger wheels.
The bikes were delivered to the Applicant on 20 March The Applicant was told to inspect the goods to ensure that he was happy with them. He immediately noticed that the wheels on the bikes did not match the size indicated on the website and drew this to the attention of the deliverer he assumed that the deliverer of the bikes was the owner of No Limited Quads.
The deliverer informed him that he had to refer any complaints directly to the Respondent as he did not deal with complaints. The Applicant contacted the Respondent on or about 21 March He click to Sarah Mcbeth who deals with customer relations on behalf of the Respondent.
Mcbeth confirmed that the website had contained a mistake and undertook to ensure that the correct wheels and rims were delivered to the Applicant. On 27 March the MIOSA ruled that the Respondent was to replace the rims and tyres of the bikes at no cost to the Applicant within 14 days of its ruling. Eventually on 21 June the NCC issued a notice of non-referral which enabled the Applicant to refer the matter to the Tribunal.
This he did on 4 July The Respondent did not appear at the hearing and was also not represented, therefore the matter was heard on a default basis in accordance with rule 24 of the Tribunal Rules. The Tribunal was satisfied that the Respondent was properly notified of the hearing.
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At the hearing the Applicant set out the facts which led to this hearing. These facts have been set out in the background above and so it is not necessary to repeat them again.
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The Applicant also informed the Tribunal that he had consulted the CPA and had attempted, although without any legal representation, to identify those sections of the Act that he believed were relevant to his complaint. The reason why he wanted to purchase these off-road bikes was because they were advertised to have these large wheels which made the bikes suitable for his intended purpose.
At no stage, before delivery of the bikes did the supplier indicate that a mistake had been made in the advertisement. The Applicant argued that the Respondent had initially agreed to replace the rims and the tyres but then it expected him to pay for this and it expected him to wait for 6 weeks for the parts.
He did not regard this as quality service on the part of the Respondent.
The question now before the Tribunal is whether or not leave should be granted for the matter to be heard by the Tribunal. The Tribunal can only assess the reasonable prospects of success by considering whether the CPA finds application in the dispute and may therefore be adjudicated on by the Tribunal.
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In this regard it must further be borne in mind that the Tribunal is merely considering the application for leave at this stage and is not engaging in a determination of the merits of the main dispute between the parties. At this stage the Tribunal is merely assessing whether the Applicant has made out a case which should be considered by the Tribunal.
A similar application can be found in the.