Motus Corporation (Pty) Ltd and Another v Wentzel (1272/2019) [2021] ZASCA 40 (13 April 2021)

Flynote

Consumer Protection Act 68 of 2008 – consumer approaching the high
court to enforce their rights under the Act against the supplier of the motor vehicle
before exhausting internal remedies set out in s 69 – whether s 69 precludes consumer
from approaching the court to seek remedy –Refund remedy: consumer not entitled to
a refund of the purchase price unless they satisfy the court that all requirements
stipulated in s 56(3) have been met – determination of amount of the purchase price
to be refunded regulated by s 20. Court a quo materially misdirected itself in awarding
refund remedy – appeal succeeds


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