Oct 24, 2022

Can The Consumer Refer Their Complaint Directly To The National Consumer Commission (NCC) For Adjudication?

The NCC is responsible for administering and enforcing the Consumer Protection Act (Act 68 of 2008).

Section 70 of the CPA provides for consumers to resolve any dispute regarding a transaction or agreement with a supplier by referring a matter to an Alternative Dispute Resolution agent (ADR). This may be an ombud with jurisdiction, a provincial consumer protection authority, an industry ombud accredited in terms of Section 82(6) of the CPA), or a person or entity providing conciliation, mediation or arbitration services.

The Commission may choose to refer the matter to an ombud with jurisdiction or a provincial consumer protection authority to assist the parties in attempting to resolve the dispute in terms of Section 70.

Once the matter fails at mediation, a consumer will be referred to the NCC. Upon receiving a complaint in a prescribed manner and form, the Commission registers and assesses that complaint and investigates any alleged prohibited conduct by a supplier.

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