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Consumer Protection Act: Regulations: Functions of Tribunal and the Rules for conduct of matters before National Consumer Tribunal: Amendment (G.N. No. 428 of 2011)

颁布于 2011-06-29 · 文本截至 2026-10-01

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南非
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institution, consumer protection, court/tribunal, legal proceedings/administrative proceedings, governance

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  1. 4 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 SCHEDULE Definition 1. In these regulations "the Rules" means the Regulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer Tribunal published under Government Notice No. 789, in Government Gazette 30225 of 28 August 2007 Amendment of Table of Contents of the Rules 2. The table of contents in the Rules is hereby amended - (1) by the insertion after "4. Proceedings before the Tribuna?' of the following item: "4A Representative or class proceedings"; (2) by the substitution for- "24. Matters struck off" by: "24. Non appearance" Amendment of rule 1 of the Rules 3. Rule 1 of the Rules is hereby amended: (1) by the addition to rule 1 of the following subrule, the existing rule becoming subrule (1 ): "(2) Any reference to a section in these rules is a reference to a section in the Act unless the context indicates otherwise." (2) by the insertion after the definition of Applicant of the following definition: " "Commission" means the National Consumer Commission STAATSKOERANT, 29 JUNIE 2011 No.34405 5 established by Section 85 of the CPA."; (3) by the insertion after the definition of Sheriff of the following definitions: ""the Act" means the National Credit Act, 2005 (Act 34 of 2005)."; " "the CPA'' means the Consumer Protection Act, 2008 (Act 68 of 2008)"; " "the Registrar of Companies" means the Registrar of Companies appointed in terms of the Companies Act, 1973 (Act 61 of 1973) or the official performing similar functions in terms of any subsequent legislation." Amendment of rule 2 of the Rules 4. The following subrule is hereby substituted for sub rule 2 of rule 2 of the Rules: "(2) The contact details of the Tribunals are:- (a) Physical address:- Ground Floor, Building B

  2. 272 West Avenue, Lakefield Office Park Centurion (b) Postal address:- Private Bag X110 Centurion 0046 (c) Telephone (012) 663 5615 (d) Facsimile (012) 663 5693. (e) Email to registry@thenct.org.za."

  3. 6 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Amendment of rule 3 of the Rules 5. Rule 3 of the Rules is hereby amended: (1) by the substitution in subrule (a) of subrule (1) for the expression "Tablet" of the expression "Table1A and Table1B"; (2) by the deletion of the comma after the word "which" in paragraph (d) of subrule (1 ). Insertion of rule 4A of the Rules 6. The following rule is hereby inserted in the Rules after rule 4: "Representative or class proceedings

  4. 4A Any person or persons, who intend to approach the Tribunal in any manner provided for in the CPA and in terms of these rules and who base their locus standi on Section 4(b), (c), (d) or (e) of the CPA or on either one or more of those provisions, must first make application to the Tribunal for:- (1) Leave to approach the Tribunal on this basis; and (2) If such leave is granted, directions from the Tribunal as to:- (a) Service of further papers; (b) joinder and/or participation of other parties ; and (c) the further proceeding of the matter'' Amendment of rule 5 of the Rules 7. Rule 5 of the Rules is hereby amended: STAATSKOERANT, 29 JUNIE 2011 No. 34405 7 , (1) By the substitution in subrule (b) of subrule (1) for the word "service" of the word "payment"; (2) By the insertion of brackets at the start of paragraphs a), b) and c) so that the paragraphs are identified as paragraphs "(a)", "(b)" and "(c)". Amendment of rule 6 of the Rules 8. Paragraph (b). of rule 6 of the Rules is hereby amended by the insertion of the words "filed with the Tribunal" after the word "documents". Amendment of rule 7 of the Rules 9. Paragraph (b) of subrule (4) of rule 7 of the Rules is hereby amended by the substitution for the number "3" of the number "5". Amendment of rule 8 of the Rules 10. Rule 8 of the Rules is hereby amended by the addition to rule 8 of the following sub rule, the existing rule becoming subrule (1 ): ''(2) The application shall lapse if the Applicant does not take any further steps in completing the application within the time permitted by the Registrar as contemplated in sub-rule(b )." Amendment of rule 9 of the Rules ll. Rule 9 of the Rules is hereby amended: (1) by the insertion in sub rule (1) after the word "Regulator" of the words "or in terms of Section 73(4) or Section 75(2) of the CPA for a complaint referred to a Consumer Court"; (2) by the insertion in sub rule (1) after the word "Complainant" of the words "in the referred matter"; (3) by the substitution in paragraph (c) of subrule (2) for the words and punctuation "Table 1," for the words and punctuation "Table 1A; then"; (4) by the deletion in subrule (2) of the expression "(d)" the words following thereafter no longer being a subparagraph.

  5. 8 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Amendment of rule 12 of the Rules 12. Paragraph (b) of sub rule (1) of the Rules is hereby amended by inserting after the word "application" the words "in the principal matter". Amendment of rule 17 of the Rules 13. Rule 17 of the Rules is hereby amended- (1) by the substitution in subrule (6): (a) in paragraph (a) for the words ''a hearing" of the word "adjudication"; (b) in paragraph (b) for the words "hearing" of the word "adjudication on the point of law" (2) by the insertion after subrule (7) of the following subrule: "(7A) In any matter which originated as a complaint to the Commission, referred to the Tribunal in terms of s 73, 74 or 75 of the CPA, the presiding member may direct the Commission to investigate or further investigate the matter or to procure further specified evidence". Amendment of rule 19 of the Rules 14. Paragraph (a) of subrule (1) of Rule 19 of the Rules is hereby amended- (1) by deletion of the words "on the other parties"; (2) by insertion after the expression "TI.rl9" of the words "by hand delivery, fax or email". STAATSKOERANT, 29 JUNIE 2011 No.34405 9 Amendment of rule 21 of the Rules 15. Subrule (1) of rule 21 of the Rules is hereby amended- (1) By insertion after the expression "17(5)(e)" of the word "or"; (2) By substitution, after the word "during", for the word "a" of the word "the"; Substitution of rule 24 of the Rules 16. The following rule is hereby substituted for rule 24 of the Rules: "Non appearance 24. (1) If a party to a matter fails to attend or be represented at any hearing or any proceedings, and that party- (a) is the applicant, the presiding member may dismiss the matter by issuing a written ruling; or (b) is not the applicant, the presiding member may- (i) continue with the proceedings in the absence of that party; or (ii) adjourn the hearing to a later date. (2) The Presiding member must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of subrule (1 ). (3) If a matter is dismissed, the Registrar must send a copy of the ruling to the parties" Amendment of rule 25 of the Rules 17. The following subrules are hereby substituted for subrules (2) and (3) of Rule 25 of the Rules: "(2) An Applicant may make application By way of form TI.r25(2) for purposes of obtaining a default order, if no response to the application was filed within the time stated in the application

  6. 10 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (2A) Upon receipt of an application in terms of subrule (2), the registrar shall set the matter down for hearing of the default order and deliver a notice of set-down of the default proceedings to the applicant. (3) The Tribunal may make a default order- (a) after it has considered or heard any necessary evidence; and (b) if it is satisfied that the application documents were adequately served." Amendment of rule 26 of the Rules 18. Rule 26 of the Rules is hereby amended- (1) by deletion in subrule (1) of the word "Consumer"; (2) by substitution in subrule (1) for the words "of the panel" of the words "members of the Tribunal"; (3) by the substitution for subrule (5) of the following subrule: "(5) The appellant must- (a) prepare 4 copies of the record of the ruling appealed against; and (b) prepare 4 copies of the of the appeal documentation; and (c) index and paginate such documents in separate bundles."; (4) by the substitution in subrule (6) for the word "sub-regulation" of the word "subrule". Amendment of rule 27 of the Rules 19. Rule 27 of the Rules is hereby amended by the substitution- (1) in sub rule (2) for the words "may not be confmed" of the words "is not restricted; (2) in subrule (3) for the word "reasonable" of the word "reasonably". STAATSKOERANT, 29 JUNIE 2011 No. 34405 11 Substitution of rule 29 of the Rules 20. The following rule is hereby substituted for rule 29 of the Rules: "Certificate of prohibited or required conduct 29. (1) Any person may submit a request in writing to the Registrar for the Tribunal to issue a certificate in terms of section 164(3)(b) of the Act or in terms of Section 115(2)(b) of the CPA. (2) The Chairperson must issue a section 164(3)(b) notice or a notice in terms of section 115(2)(b) of the CPA if the conduct was found by the Tribunal to be prohibited or required in terms of the Act or the CPA, as the case may be. (3) A section 164(3)(b) certificate or a certificate in terms of Section 115(2)(b) of the CPA, must- (a) be issued in the form of TI.164(3); (b) be signed by the Chairperson; (c) name the person requesting the certificate;; (d) describe in detail the conduct which was found to be a prohibited or required conduct in terms of the Act or the CPA (e) state the specific section of the Act or the CPA in terms of which the conduct was found to constitute prohibited or required conduct; and (f) set out the basis on which the finding was made." Amendment of rule 31 of the Rules 21. Subrule (3) of rule 31 of the Rules is hereby amended by the deletion of the words "physical of' after the words "mail to the". Amendment of rule 32 of the Rules 22. Rule 32 of the Rules is hereby amended by the substitution for subrule (2) and (3) as well as the addition of the following subrules:

  7. 12 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 "(2) Any alleged confidential information forming part of an application, response or other written submission to the Tribunal must be contained in a separate annexure and clearly marked 'confidential'. (3) Subject to an eventual finding that information is not confidential, information marked as confidential may be excluded from documents required to be served on parties under Table 2. (4) When.submitting any information claimed to be confidential, such person will include a written statement setting out the grounds for the claim of confidentiality. (5) Within 10 business days of submission of the confidentiality claim, the Tribunal must notify such person as to whether or not the Tribunal will treat the information submitted as confidential. (6) If the Tribunal has notified such a person that the information will not be treated as confidential, it may not make the information available to any other party at a time earlier than 5 days after having notified such person in terms of subrule (5)". Amendment of rule 33 of the Rules 23. Paragraph (a) of subrule (3) of rule 33 of the Rules is hereby amended by the substitution for the words "from thereon" of the words "then". Amendment of rule 35 of the Rules 24. The following subrule is hereby substituted for subrule (4) of rule 35 of the Rules: "(4) Subsequent to the payment of a fine or remittance, but no later than 3 business days after the payment, a payment advice in the form of Tl.r35 with a copy of the deposit record must be delivered to the Tribunal.". Amendment of rule 36 of the Rules 25. Rule 36 is hereby amended by the deletion of subrule (3). STAATSKOERANT, 29 JUNIE 2011 No.34405 13 Amendment of rule 37 of the Rules 26. Rule 3 7 of the Rules is hereby amended by the insertion in subrule (1) after the word "Act" of the words "and the CPA"; Amendment of rule 38 of the Rules 27. Rule 38 of the Rules is hereby amended by the substitution in subrule (1) for the words "set out in schedule 1 to the Rules" of the words "contained in the schedule 1 at the end of the Rules". Amendment of schedule 1 of the Rules 28. Schedule 1 of the Rules is hereby amended as follows: (1) by the deletion in all of the Forms in Part 1,2,3,4, 5, 6 and 7 of the references to rules "4-16", "13-17" or "11 -17" where these appear after the words "accordance with Tribunal Rules"; (2) by the deletion in Forms TI.r34 and TL148(1), of Part D, the current Part E in Forms TI.r34 and TI.148(1) being renamed Part D. (3) by substitution in the renamed Part D of form TI.r34 for paragraph (a) of the following paragraph: "(a) proof of service in accordance with Tribunal Rule 30 for the party named in Part B.". (4) by substitution in the renamed Part D of Form TI.148(1) for paragraph (b) of the following paragraph: "(b proof of service in accordance with Tribunal Rule 30 for the other parties to the ruling". (5) Form TI.165 is amended by the deletion- (a) of Part E, the current Part F being renamed Part E; (b) of paragraph (c) in the renamed Part E. (6) by deletion in the heading of part 2 in the forms after the word "Complaints" of the words "to the Regulator".

  8. 14 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (7) Form Tl.149(1) is herby amended by the insertion in "Part C" after the expression "Section 136," of the words "or, having applied for relief to a court in terms of the Consumer Protection Act, 2008 or having filed a complaint with the National Consumer Commission (Delete whichever is not applicable),"; (8) Forms Tl.138(1) TI.r12 are amended- (a) by insertion of the following paragraph as Part E, the existing Part E becoming Part F: "Part E: Applicants certification of payment of application fee 1/we certify that the application fee specified in Table 2 has been transferred I deposited into the Tribunal's designated bank account. The Applicant's deposit I transfer reference is_ _ _ _" (b) by addition of the following sub-paragraph to Part F: "(c) proof of payment in accordance with the rules.: (9) Form Tl.128(1) is amended by substituting the following Part for Part C: "Part C: Grounds for compensation 1/ we claim compensation from the credit provider named in Part B, on the grounds that grounds that: • the credit provider did not sell the goods as soon as reasonably possible or • The credit provider did not sell the goods at the best price reasonable obtainable If goods were surrendered voluntarily, • state the date on which notice of termination was given in terms of section 127(1) and append a copy of the notice, if possible • state the date on which the goods were delivered to the credit provider, with a copy of the receipt if possible • describe any other communications with the credit provider prior to the sale and append copies if possible STAATSKOERANT, 29 JUNIE 2011 No.34405 15 • attach the credit provider's written estimate of the value of the goods as required in terms of s.127(2). If goods were repossessed in terms of an attachment order, state the date of the order and append a copy, if possible If the claim is based on an unreasonable delay in the sale of goods, • state the date of the sale of goods • state the interest and other costs to you resulting from any unreasonable delay in the sale If the claim is based on an unreasonable price obtained on the sale of goods, • describe the property sold • state the net proceeds of the sale • state your estimate of the value of the property, setting out the basis for your evaluation • append any document supporting the valuation of the property. Attach a copy of the credit provider's written notice given in terms of s.127(5){b)." (10) Form TI.r19 is amended by replacing the words "notified of this application" under Part C of that form, with the words "notified of the withdrawal"; (11) Form TI.138 (1) is amended by inserting in Part C after the word "Regulator" the words "or by the Commission."; (12) Form Tl.r12 is amended by substituting after the words "proceedings before the National", for the words "Credit Regulator" of the words "Consumer Tribunal"; (13) By substituting form TI.164(3) for the following form:

  9. 16 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Form Tl.164(3) The National Consumer Tribunal Certificate issued in terms of s. 164{3)(b) of the National Credit Act {Act 34 of 2005) or certificate issued in terms of section 115(2) (b) of the Consumer Protection Act (68 of 2008). Date To The Registrar or Clerk of the Court In the matter between (the claimant) and (the respondent} The National Consumer Tribunal, having considered evidence relating to conduct regulated by the National Credit Act ("the Act"} or the Consumer Protection Act ("CPA"), has, with respect to the conduct described below, namely: (a) found the conduct to be prohibited conduct in terms of section _ _ _ __ of the Act/Regulations I CPNRegulations; or (b) found the conduct to amount to a failure to perform according to the requirements of section of the Act/Regulations I CPNRegulations. The finding is based on the following grounds: Tribunal Reference Number - - - - - - - - - - - - - - - - - - STAATSKOERANT, 29 JUNIE 2011 No.34405 17 Date of finding by Tribunal _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Signed at _____________ o n - - - - - - - - - - - - Chairperson, or duly authorised to sign on behalf of the Chairperson " G11-050491-B

  10. 18 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (14) By the addition to Part 1 of the following forms: STAATSKOERANT, 29 JUNIE 2011 No. 34405 19 Form Tl.00(3) & 101 CPA Application to the National Consumer Tribunal -Objection to notice issued by Commission This application must be filed with the Tribunal and served on the parties mentioned in Part D, in accordance with Tribunal Rules. Date To The National Consumer Commission And to (if the Applicant is not the person to whom the Commission issued the Notice, then address this application also to these persons to whom the notice was issued) Please take note that the Applicant named in Part A has commenced proceedings before the National Consumer Tribunal for an order to set aside a notice issued by the Commission in whole or in part on the grounds set out in Part C of this application. Further note that you may oppose the application by serving an answer within 15 business days of the date of this notice on the Applicant and on the other parties to whom this notice is addressed. Your answer must comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity n u m b e r - - - - - - - - - - - - - -

  11. 20 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 The Applicant is, o the person to whom the Commission has addressed a notice; or o a third party affected by the notice issued by the Commission in the following way: (provide a detailed description) If the Applicant is a third party, provide details of the person to whom the Commission Issued the notice: Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity number _ _ _ _ _ _ _ _ _ _ _ _ _ __ If the application is more than 15 days after the date receipt of the Notice issued in terms of section 100(1) or more than 20 business days after the notice issued in terms of s.60(3), state reasons why the application should be permitted: Part B: Notice to be reviewed Notice of the Consumer Commission to be reviewed is- (1) Date of Notice issued by Commission (attach a copy of the Notice) (2) Section of CPA in terms of which the Notice was issued Part C: Grounds of objection Set out in detail the grounds for the review of the Notice issued, including details of the relief sought, i.e. whether the notice should be modified or set aside in whole or in part (alternative grounds may be stated if based on the same facts) STAATSKOERANT, 29 JUNIE 2011 No. 34405 21 Part D: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the following persons have been notified of this application: (1) the National Consumer Commission, by service in the manner indicated below, of a copy of this Form: o delivery to the Commission's physical address o dispatch by registered mail to the Commission's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow (2) the person to whom the notice was issued (if the Applicant in this matter is someone other than that person) by service in the manner indicated below, of a copy of this Form: o delivery to that person's physical address o dispatch by registered mail to that person's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow (omit or delete section (2) if not applicable) Part E: Applicant's certification of other documents appended to the application 1/we certify that the following documents are appended to this application: (a) copies of the documents required under Part B; (b) proof of service in accordance with Tribunal Rule 30 for each of the parties named in Part D. Signed a t - - - - - - - - - - - - - - - o n - . , - - - - - - - - by--~------- ( n a m e ) - - - - - - - - - (position) Applicant, or duly authorised to sign on behalf of the Applicant

  12. 22 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Form Tl.80(5) CPA Application to the National Consumer Tribunal to review a decision of the Registrar of Companies This application must be filed with the Tribunal and served on the parties mentioned in Part D, in accordance with Tribunal Rules. Date To The Registrar of Companies And to (if the Applicant is not the person In respect of whose business Name The Registrar of Companies made a determination, then address this application also to such person) Please take note that the Applicant named in Part A has commenced proceedings before the National Consumer Tribunal for an order to set aside a decision of the Registrar of Companies on the grounds set out in Part C of this application. Further note that you may oppose the application by serving an answer within 15 business days of the date of this notice on the Applicant and on the other parties to whom this notice is addressed. Your answer must comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity n u m b e r - - - - - - - - - - - - - - - STAATSKOERANT, 29 JUNIE 2011 No.34405 23 The Applicant is, o the person in respect of whose business name the Registrar of Companies made a determination (,he affected party"); or o a third party affected by the decision in the following way: (provide a detailed description) If the Applicant is a third party, provide details of the affected party: Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity n u m b e r - - - - - - - - - - - - - - If the application is more than 20 business days after the date of the decision to be reviewed, state reasons why the application should be permitted: Part B: Decision to be reviewed The following action of the Registrar of Companies in terms of s.80(4) to be reviewed is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (describe)- Append to this Form a copy of the notices issued by the Registrar of Companies in terms of section 80(4)(a) (and 80(4)(b) if applicable), the written record of the Registrar's determination to be reviewed and state clearly which aspect of the decision is to be reviewed: Part C: Grounds for review Set out in detail the grounds for a review of the determination (alternative grounds may be stated if based on the same facts)

  13. 24 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Part D: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the following persons have been notified of this application: (1) the Registrar of Companies, by service in the manner indicated below, of a copy of this Form: o delivery to the Registrar's physical address o dispatch by registered mail to the Registrar's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow (2) the affected party (if the Applicant in this matter is someone other than that person) by service in the manner indicated below, of a copy of this Form: o delivery to the affected party's physical address o dispatch by registered mail to the affected party's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow (omit or delete section (2) if not applicable) Part E: Applicant's certification of other documents appended to the application 1/we certify that the following documents are appended to this application: (a) copies of the documents required under Part B; (b) proof of service in accordance with Tribunal Rule 30 for each of the parties named in Part D. Signed at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ __ by _ _ _ _ _ _ _ _ _ _ (name) _ _ _ _ _ _ _ _ _ (position) Applicant, or duly authorised to sign on behalf of the Applicant STAATSKOERANT, 29 JUNIE 2011 No.34405 25 Form Tl.1_00(6) CPA The National Consumer Tribunal Notice of Motion This notice must be filed with the Tribunal and served in accordance with Tribunal Rules on the party mentioned in Part E. Date To (the respondent) Please take note that the National Consumer Commission has brought an application against the Respondent to impose an administrative fine in terms of section 100(6) of the Consumer Protection Act, 68 of 2008 to the National Consumer Tribunal for the order set out in Part D. Further note that you may oppose the application by serving an answer on the Applicant and on any other party to whom this notice is addressed. Your answer must be within 15 business days of the date of this notice and comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers of the Commission: Person responsible for this referral, and position within the Commission Company registration or identity n u m b e r - - - - - - - - - - - - - - Part B: Details of the respondent Name, physical and postal address, e-mail, telephone and fax numbers:

  14. 26 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Company registration or identity n u m b e r - - - - - - - - - - - - - - - Part C: Details of the Compliance Notice Date on which the Compliance Notice was issued_ _ _ _ _ _ _ _ _ _ _ _ __ Attach a copy of the compliance Notice Part D: Order sought from the Tribunal 1/we hereby apply for an order in the following terms (insert details of Notice issued and details of failure to comply): Part E: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the party named in Part B has been notified of this application by service in the manner indicated below, of a copy of this Form: o delivery to the party's physical address o dispatch by registered mail to the party's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow. Part E: Applicant's certification of other documents appended to the application 1/we certify that the following records are appended to this application: (a) an affidavit setting out the facts on which the application is based. (b) proof of service in accordance with Tribunal Rule 30 for the party named in Part B. (c) the notice issued in terms of Section 100(1). STAATSKOERANT, 29 JUNIE 2011 No.34405 27 Signedru ____________________________ on _______________ b y - - - - - - - - - - - ( n a m e ) - - - - - - - - - - (position) Applicant, or duly authorized to sign on behalf of the National Consumer Commission

  15. 28 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Form Tl.l02(3)(b) CPA The National Consumer Tribunal Notice of Motion This notice must be filed with the Tribunal and served in accordance with Tribunal Rules on the party mentioned in Part E. Date To (the respondent) Please take note that the National Consumer Commission {.,he Commission") has brought an application to impose extend the time period within which it shall be entitled retain the books, document or other objects {.,he items") are to be retained in the Commission's possession, in terms of section 102(3)(b) of the Consumer Protection Act, 68 of 2008 to the National Consumer Tribunal as per the order set out in Part D. Further note that you may oppose the application by serving an answer on the Applicant and on any other party to whom this notice is addressed. Your answer must be within 5 business days of the date of this notice and comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers of the Commission: Person responsible for this Application, and position within the Commission Company registration or identity n u m b e r - - - - - - - - - - - - - - - STAATSKOERANT, 29 JUNIE 2011 No.34405 29 Part B: Details of the respondent Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity n u m b e r - - - - - - - - - - - - - - Part C: Details of the Items Date on which the Commission took possession of Items Description of items sought to be retained Part D: Order sought from the Tribunal 1/we hereby apply for an order in the following terms (insert details of time period for retention requested): Part E: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the party named in Part B has been notified of this application by service in the manner indicated below, of a copy of this Form: o delivery to the party's physical address o dispatch by registered mail to the party's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow. Part E: Applicant's certification of other documents appended to the application 1/we certify that the following records are appended to this application: (a) an affidavit setting out the facts on which the application is based.

  16. 30 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (b) proof of service in accordance with Tribunal Rule 30 for the party named in Part B. Signed at _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ _ _ __ by _ _ _ _ _ _ _ _ _ _ (name) _ _ _ _ _ _ _ _ _ (position) Applicant, or duly authorized to sign on behalf of the National Consumer Commission STAATSKOERANT, 29 JUNIE 2011 No.34405 31 (15) By the addition to Part 2 of the following forms:

  17. 32 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Form Tl.73(2)(b) CPA The National Consumer Tribunal Notice of Motion This notice must be filed with the Tribunal and served in accordance with Tribunal Rules on the party mentioned in Part E. Date To (the respondent) Please take note that the National Consumer Commission has referred a complaint against the Respondent set out in Part Bin terms of s.73(2)(b) of the Consumer Protection Act 2008 to the National Consumer Tribunal for the order set out in Part D. Further note that you may oppose the application by serving an answer on the Applicant and on any other party to whom this notice is addressed. Your answer must be within 15 business days of the date of this notice and comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers of the Commission: Person responsible for this referral, and position within the Commission Company registration or identity n u m b e r - - - - - - - - - - - - - - - Part B: Details of the respondent Name, physical and postal address, e-mail, telephone and fax numbers: STAATSKOERANT, 29 JUNIE 2011 No.34405 33 Company registration or identity n u m b e r - - - - - - - - - - - - - - Part C: Details of the Complaint Date on which the complaint was lodged - - - - - - - - - - - - - Description of c o m p l a i n t - - - - - - - - - - - - - - - - - - - Attach affidavit setting out grounds for the referral. Part D: Order sought from the Tribunal 1/we hereby apply for an order in the following terms: Part E: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the party named in Part B has been notified of this application by service in the manner indicated below, of a copy of this Form: o delivery to the party's physical address o dispatch by registered mail to the party's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow. Part E: Applicant's certification of other documents appended to the application 1/we certify that the following records are appended to this application: {a) an affidavit setting out the facts on which the referral is based. {b) proof of service in accordance with Tribunal Rule 30 for the party named in Part B.

  18. 34 No.34405 GOVERNMENT GAZETrE, 29 JUNE 2011 Signed at _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ _ _ __ by _ _ _ _ _ _ _ _ _ _ ( n a m e ) - - - - - - - - - (position) Applicant, or duly authorized to sign on behalf of the National Consumer Commission STAATSKOERANT, 29 JUNIE 2011 No. 34405 35 Form Tl.73(3) & 75(1)(b) & (2) CPA The National Consumer Tribunal Notice of Motion This notice must be filed with the Tribunal and served in accordance with Tribunal Rules on the party mentioned in Part D. Date To (the respondent} And to the National Consumer Commission And to the Consumer Court (insert details if the matter has been referred to a Consumer Court in terms of s.75(1}(a) or 73(2)(a)) Please take note that the Applicant in Part A has commenced proceedings before the National Consumer Tribunal for an order that a corn plaint detailed in Part C be referred directly to the Tribunal in terms of section:-. 0 73(3} 0 75(1)(b} 0 75(2} Mark whichever is applicable. Further note that you may oppose the application by serving an answer on the Applicant and on any other party to whom this notice is addressed. Your answer must be within 15 business days of the date of this notice and comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers:

  19. 36 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Company registration or identity number _ _ _ _ _ _ _ _ _ _ _ _ _ __ Part B: Details of the person against whom the complaint was filed Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity number _ _ _ _ _ _ _ _ _ _ _ _ _ __ Part C: Details of the complaint referral Attach a copy of the complaint referral. Part D: Order sought from the Tribunal 1/we hereby apply for an order in the following terms 1. That leave be granted to refer to complaint directly to the Tribunal (attach an affidavit setting out grounds for such leave to be granted) Part E: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the party named in Part B has been notified of this application by service in the manner indicated below, of a copy of this Form: o delivery to the party's physical address o dispatch by registered mail to the party's postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow. STAATSKOERANT, 29 JUNIE 2011 No.34405 37 Part G: Applicant's certification of other documents appended to the application 1/we certify that the following records are appended to this application: (a) an affidavit setting out the facts on which the application is based. (b) proof of service in accordance with Tribunal Rule 30 for the party named in Part B. Signed at _ _ _ _ _ _ _ _ _ _ _ _ _ _ o n - - - - - - - - - - b y - - - - - - - - - - - ( n a m e ) - - - - - - - - - (position) Applicant, or duly authorised to sign on behalf of the Applicant

  20. 38 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (16) By the addition to Part 5 of the following forms: STAATSKOERANT, 29 JUNIE 2011 No.34405 39 Form Tl.r30 Application to the National Consumer Tribunal for an order of substituted service This application must be filed in accordance with Tribunal Rule 30. Date In the matter between _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Applicant) and __________________________~------~----------- (Respondent) Tribunal Reference Number ("the principal matter") Part A: Details of the Applicant Name, physical and postal address, email, telephone and fax numbers Company registration or identity number National Credit Regulator registration number and date of registration with the Regulator, if applicable Part C: Order sought from the Tribunal and grounds for application 1/we, hereby apply to the Tribunal for an order: (a) that non-compliance with Rule 30 (service and proof of s,ervice of documents) be condoned for the following reasons (describe attempts at serving in the conventional way and state the difficulties experienced):

  21. 40 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (b) that the means of service or the publication of a notice, in the manner described below, be taken as substituted service to the party mentioned in Part B: Part B: Applicant's certification of other documents appended to the application 1/we certify that the following documents are appended to this application. (a) proof of attempts and failure to serve in a manner, required by Rule 30(1) to (3) Signed a t - - - - - - - - - - - - - o n - - - - - - - - - - - By _ _ _ _ _ _ _ _ _ _ _ (name) _ _ _ _ _ _ _ _ _ _ (position) Applicant, or duly authorized to sign in behalf of the Applicant STAATSKOERANT, 29 JUNJE 2011 No. 34405 41 Form Tl.r4A CPA Application to the National Consumer Tribunal for leave to institute proceedings for or on behalf of persons set out in section 4(b) to (e) of CPA This application must be filed with the Tribunal and served on the parties mentioned in Part D, in accordance with Tribunal Rules 4-16. Date To And to (to be addressed to all affected parties) Please take note that the Applicant named in Part A has commenced proceedings before the National Consumer Tribunal for an order for leave to institute proceedings described in part B on behalf of persons set out in Part C . Further note that you may oppose the application by serving an answer within 15 business days of the date of this notice on the Applicant and on the other parties to whom this notice is addressed. Your answer must comply with the Tribunal Rules. Part A: Details of the Applicant Name, physical and postal address, e-mail, telephone and fax numbers: Company registration or identity n u m b e r - - - - - - - - - - - - - -

  22. 42 No.34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Part B: Proceedings which applicant intends to institute in terms of Consumer Protection Act,2008 The Applicant intends to institute the following proceeding- --::-------------.,..------.,.-------(describe with reference to specific provision of the CPA, and attach copy of a draft application) Part C: Basis upon which Applicant will seek leave to institute proceedings The Applicant seeks leave to institute the proceedings set out in Part B on behalf of the following persons, or based on the following grounds- o an authorised person acting on behalf of another person who cannot act in his or her own name o a person acting as a member of, or in the interest of, a group or class of affected persons o a person acting in the public interest; o an association acting in the interest of its members (Mark whichever is applicable. More than one may be marked) Attach an affidavit setting out the grounds upon which such relief is sought. Part D: Applicant's certification of notice to parties, service of documents and means of service 1/we certify that the following persons have been notified of this application: (1) all affected parties by service in the manner indicated below, of a copy of this Form: o delivery to the affected parties' physical address o dispatch by registered mail to the affected parties' postal address o dispatch by fax or e-mail, with delivery to a physical address or by registered mail to follow STAATSKOEAANT, 29 JUNIE 2011 No.34405 43 Part F: Applicant's certification of other documents appended to the application 1/we certify that the following documents are appended to this application: (a) copies of the documents required under Part 8 and C; (b) proof of service in accordance with Tribunal Rule 30 for each of the parties named in Part 0; Signed a t - - - - - - - - - - - - - - - o n - - - - - - - - b y - - - - - - - - - - ( n a m e ) - - - - - - - - - (position) Applicant, or duly authorised to sign on behalf of the Applicant"

  23. 44 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 Form Tl.r25(2) Application to the National Consumer Tribunal for a default order This application must be filed in accordance with Tribunal Rules. Date In the matter between _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(Applicant) and --------------------------~----~~----------- (Respondent) Tribunal Reference Number ("the principal matter") Part A: Details of the Applicant Name, physical and postal address, email, telephone and fax numbers Company registration or identity number National Credit Regulator registration number and date of registration with the Regulator, if applicable Part C: Order sought from the Tribunal and grounds for application 1/we, hereby apply to the Tribunal for a default order in the principal matter as per the draft order attached hereto on the grounds that: (a) The application in the principal matter was served on (state date) (b) The time period wthin which the party was required to file a response expired on (state date) (c) The party has failed to deliver a response within required time period STAATSKOERANT, 29 JUNIE 2011 No. 34405 45 Part B: Applicant's certification of other documents . appended to the application 1/we certify that the following documents are appended to this application. (a) All documents filed in the principal matter; (b) Draft default order formulated as an order of the tribunal Signed at _ _ _ _ _ _ _ _ _ _ _ _ _ o n - - - - - - - - - - - B y - - - - - - - - - - (name) - - - - - - - - - ( p o s i t i o n ) APPlicant, or duly authorized to sign in behalf of the Applicant

  24. 46 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (17) By the addition of the following table 1B, the existing table 1 becoming table 1A: Table 18 • Section of the Type of application ' CPA . 60(3) Application by producer or importer to review a Notice issued by Commission in terms of Section 6(2) i • 70(3) Application for consent order after resolution of dispute by ADR agent 73(3) Application for referral to the Tribunal by any party to a referral by the 1 Commission in terms of s. 73(2)(a) of the CPA, with application for leave • that matter be referred to the Tribunal i • 73(2)(b) Referral of complaint by Commission 74(1) Application for consent order 1 75(1)(b) Referral to the Tribunal by a complainant who submitted a complaint to the Commission in terms of s. 71(1) of the CPA, with application for leave to refer 75(2) Application for referral to the Tribunal by a Respondent when matter has been referred to a Consumer Court by Commission in terms of section 75(1) (a), with application for leave to refer 80(5) • Application to review the determination of the Registrar made in terms ! of s.18(4) of the CPA • 100(6) Application by the Commission for imposition of administrative fine for failure to comply with compliance notice issued in terms of s.100(1) 101(1) Application to review issuing of notice in terms of s.100 of the CPA 102(3)(b) Application by commission for extension of the time to retain books, documents or objects 106(1) · Claim of confidentiality of information submitted and determination of such claim in terms of section 106(3) of the CPA • 114(1) • Application for interim relief STAATSKOERANT, 29 JUNIE 2011 No.34405 47 (18) By the insertion after the word "Section" in the first column of Table 1A the words "of the Act"; (19) By the insertion in Table 2, in respect of the row in which "Section 128(1)" appears in column "a", in column "e"- (a) At the end of paragraph (1) the words", or the attachment order mentioned in s.l31"; (b) of a new paragraph "(6) if available, a copy of the credit provider's written notice mentioned in s127(5)(b)". (20) By the substitution in table 2, in respect of the row in which "Rule 11" appears in column "a" , in column "h" for the expression ''TI.r23" of the expression "TI.rll". (21) By the substitution in table 2, in respect of the row in which "Rule 12" appears in column "a",- (a) in column "e" for the paragraph therein of the following paragraph "Proof of service mentioned in Form TI.r12"; (b) in column "h" for the expression "TI.r26" of the expression "TI.r12" ; (22) By the substitution in table 2, in respect of the row in which "Section 149(1)" appears in column "a", in column "g" for the words "respondent in" for "respondent or"; (23) By the substitution in table 2 in respect of the row in which "Section 56(1)" appears in column "a", in column "f' for the expression "One thousand rand (RlOOO.OO)" of the expression "n/a". (24) By the substitution in table 2 in respect of the row in which "Section 71(3)" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (25) By the substitution in table 2 in respect of the row in which "Section 99(2)" appears in column "a", in column "f' for the expression "one hundred rand (R100.00)" of the expression "n/a". (26) By the substitution in table 2 in respect of the row in which "Section 114(1)" appears in column "a", in column "f' for the expression "one hundred rand (R100.00)" of the expression "n/a".

  25. 48 No. 34405 GOVERNMENT GAZETTE, 29 JUNE 2011 (27) By the substitution in table 2 in respect of the row in which "Section 115(1)" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (28) By the substitution in table 2 in respect of the row in which "Se~tion 128(1)" appears in column "a", in column "f' for the expression."one hundred rand (RlOO.OO)" of the expression "n/a". (29) By th~ substitution in table 2 in respect of the row in which "Section 141(1)(b)" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (30) By the substitution in table 2 in respect of the row in which "Section 137(3)" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (31) By the substitution in table 2 in respect of the row in which "Section 149(1)" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (32) By the substitution in table 2 in respect of the row in which "Rule 34" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (33) By the substitution in table 2 in respect of the row in which "Section 148(1)" appears in column "a", in column "f' for the expression "two hundred rand (R200.00)" of the expression "n/a". (34) By the substitution in table 2 in respect of the row in which "Section 140(4) and Section 141(2)(a)" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (35) By the substitution in table 2 in respect of the row in which "Section 165" appears in column "a", in column "f' for the expression "one hundred rand (RlOO.OO)" of the expression "n/a". (36) By the addition, in Table 2 in respect of the rows in column "a" in which the following appears: (a) "Section 59(1)"; (b) "Section 63(5)"; (c) "Section 138(1 )"; (d) "Section 142(3)(f)"; (e) "Rule 12"; STAATSKOERANT, 29 JUNIE 2011 No. 34405 49 of the following consecutively numbered paragraph in column "e" of the aforementioned rows: "proof of payment utilizing Form TI.r35". (37) By the addition of part lB, in Table 2, of the Schedule A to these regulations the existing part 1 becoming part lA. (38) By the addition of part 2B, in Table 2, of the Schedule B to these regulations the existing part 2 becoming part 2A. (39) By the addition of part 4B, in Table 2, of the Schedule C to these regulations the existing part 4 becoming part 4A. (40) By the addition of items under part 5, in Table 2, of the Schedule D to these regulations. (JI SCHEDULE A 0 z 9 t 0 0'1 ' Part lB: Application directly to the Tribunal in terms of the CPA 60(3) application by producer or ··no business days from date of .-:---.::--:-:::-:---r-:-:-:-----::-::-:--:---.----c-·---~------,-=:------,--~--~--~------4 ! Tl.60(3) & 101 CPA (1) copy of Notice issued by the n/a The Commission On the Commission, Form TI.60(3) & 101 importer to ! notice issued by Commission CPA and the affidavit modify or set 1 commission described in column e aside notice I (2) an affidavit ! . issued by setting out the (j) Commission in grounds for the 0 objection and the < m terms of s60(2) :0 order sought from z the Tribunal s: m z ~ (4) proof of service (j) : I ~ m h I application to modify or set aside determination of Registrar of Companies in I 20 business days from the date of determination of the Registrar of companies i Form TI. 80(5) CPA (1) a copy of the Notice issued in terms of s80(4)(a) (2) a copy of the Notice issued in n/a The Registrar of Companies On the Registrar of Companies - Form TI 80(5) CPA and the affidavit described in column e ~ m 1\) CD c... c z m I ~ ...... terms of s80(4) terms of s80(4)(b), ...... I if applicable (3) an affidavit I setting out the grounds for the I I objection and the i order sought from I the Tribunal ( 4) proof of service 100(6)(a) I application by the \ The application Ii Form __Til 00(6) \ (1) a copy of the The person to The person to whom j n/a Commission to must be filed :CPA Notice issued in whom the the compliance notice SCHEDULE A impose an before receipt of I terms of s100(1) compliance was issued, Form administrative an application in notice was \TI100(6) CPA fine for failure to terms of s101(1) (2) Copies of issued and the documents comply with to set aside the documents or described in (2) of Notice issued in Notice records in evidence column e terms of s100(1) of the prohibited conduct and of the failure or non compliance with the Notice in terms ofs100(1) en 101(1) application to The application TI.60(3) & 101 (1) a copy of the n/a The On the Commission, a ~ modify or set must be filed CPA notice issued by the Commission copy of Form Tl :!ien aside notice within 15(fifteen) Commission in 60(3) & 101 CPA and issued by the business days of terms of Section the affidavit described 6m Commission in receiving the 100(1) in column e ll )> terms of s100(1) notice, or later if z the Tribunal (2) an affidavit .-1 permits setting out the Q5 L grounds for the c objection and the z order sought from iii the Tribunal ~ ..... ..... (3) proof of service 70(3Xb) application for a n/a Form Tl.l38(1) (1 )A signed copy of One hundred The other A copy of Form consent order the agreement rand persons TI.138(1) and a copy after dispute reached between (R100.00) mentioned in of the agreement resolved by the parties to the Form Tl.138(1) mentioned in column alternative dispute resolution, e dispute resolution formulated as an agent order of the Tribunal (11 ..... (II SCHEDULE A N zp : ! (,) t 0 ()1 102(3)(b) application by Ten business Form (1) a copy of the In/a The person to On the person to Commission for days before TL102(3)(b)CPA summons issued in whom the whom the summons extension of time expiration of the terms of s102(1) summons in was issued, a copy of to retain book, 2 month period terms of s102(1) Form TI.102(3)(b) document or contemplated in (2) copies of the was issued CPA other object for s.l02(3)(b) documents sought and the documents examination to be retained or a described in column e description of the G') objects 0 < m :0 (3) an affidavit z setting out the s: m grounds upon z -i which the extension G') of time is sought ~ m :::1 (4) proof of service [f1 I I N (() c._ c z m N 0 ~ ~ SCHEDULED ,I Part 2B: Complaint referrals (matters originating as complaints to the Commission) in terms of the CPA I 173(2)(b) Referral of Within 3 years as Form TI.73(2)(b) (1) The completed n/a All other parties To all other parties, I complaint by set out in section CPA form T173(2)(b) that will be copies of Form i Commission after 116 of the CPA CPA affected by the TI. 73(2), and all conclusion of order or relief documents listed in investigation (2) an affidavit sought in terms setting out the of Form column e grounds of the TI.73(2) referral and the (f) order sought from ~ the Tribunal ~ (f) (3) proof of service ":nm 0 ~ )> 73(3) Application by Within 20 Form TI. 73(3) & (1) the n/a The To all other parties z _-1 any party to a business days of 75(1)(b) & (2) complainant's Commission, all copies of Forms rv referral by matter being CPA complaint other parties co T173(3) & 75(1)(b) & c_ Commission of referred to that will be c matter to Consumer Court (2) CPA and all the z , (2) the affected by the ffi consumer court or within longer iI ComllllSSlOn . . 'S order or relief documents listed in rv I 0 for order that time permitted by referral to the sought (in terms column e _. _. matter be referred the Tribunal Consumer Court of Form to the Tribunal with all relevant TI.73(3) & documents attached 75(1 )(b) &(2) to that referral CPA (3) proof of service 75(1)(b) Referral by . Within twenty Form TI73(3) & (1) the n/a All parties that To all other parties, 1 complainant business days of 75(1)(b) & (2) i complainant's will be affected ' copies of form following the the date of the CPA complaint by the order or Tl73(3) & 75(1)(b) & Commission's Notice of Non relief sought (in (2), CPA and all non referral of a Referral, or (2)the terms of Form compliant other within a longer Commission's Tl73(3) & documents listed in than on grounds time permitted by Notice of Non 75(1)(b) & (2), column e SCHEDULED r contemplated in the Tribunal Referral (Form ! CPA s.ll6, with NCR31) I application for leave to refer (3) affidavit setting out grounds for leave to refer I directly to the _L Tribunal L_. i Form T1.73(3) & (4) proof of service G) 0 < i 75(2) i Application by Within20 (1) the n/a All parties that To all other parties, m :0 I 1 Respondent for business days of 75(1Xb) & (2) complainant's will be affected copies of form z I ! referral to the the date of the CPA referral to the by the order or TI73(3) & 75(1)(b) & s: m I Tribunal in complainant's Consumer Court, relief sought (in z I (2) CPA and all -i 1 circumstances referral to the with all annexures terms of Form G) documents listed in where the Consumer Court thereto TI73(3) & ~ columne Commission had issued a in terms of s.75(1Xa) (2)the 75(1Xb) & (2), CPA 9 m Notice of Non Commission's 1\) co I Referral and the Notice of Non L complainant has Referral c z referred the m matter directly to (3) affidavit setting l:5 .... .... the Consumer out grounds for Court leave to refer directly to the Tribunal (5) proof of service I I I SCHEDULEC Part 4B : Interim relief in respect of a complaint referral in terms of the CPA 114(1) application for at anytime I Form TI.149 (1) n/a The To all parties interim order before the Commission, mentioned in colum g, pending hearing conclusion of the the Respondents a copy of Form of complaint or hearing of the TI.149(1) or prospective relief sought from matter I court Respondents in ({J I the principal ~ I matter, as set ~ ({J i out in s.114(1) r; l_. I 0 m JJ )> z .--1 f\) (0 c:.... c z m f\) 0 .... .... SCHEDULED z0 t 0 i Rule 30 i Application for If the order is Form Tl.r30 (1) documentary n/a i n/a n/a 01 an order of required in proof of attempts substituted respect of a and failure to serve service respondent in the in accordance with principal matter, rules application must I be filed concurrently with the application in I (i) I 0 ' the principal < matter, or, in m Jl other z circumstances, at I s:m a time permitted I !1 by the Tribunal (i) I ~ 114(3) of the . CPA application for extension of At any time before the Form Tl.r4 (1) a copy of the interim order n/a i The parties to the principal To all parties, a copy I of Form,TI.r4 and the g m interim order conclusion of the matter affidavit mentioned in ~ hearing of the (2) an affidavit columne '- matter setting out the c I z grounds upon m I which the interim ! fiJ I I order should be I ! ........ 0 extended I I I Rule 4A Application for n/a Form TI.r4A (1) Copy of the n/a On the To all parties a copy • Commission leave to institute proceedings draft documents in the proceeding the and the of Form IT.r4A and I the d~uments in provided for in party intends to Respondent( s) column e the CPA on institute behalf of persons or on grounds set (2) detailed out in Seeton affidavit setting out 4(1 ), C), (D) or grounds for leave to I SCHEDULED (E) lll<HlLUL<;; ! proceedings Rule 25(2) Application for At any time after TI.r25(2) (1) copy of the . n/a n/a n/a Default order expiry of the time application after party failed period within delivered by the to deliver which the party applicant in the response within was required to principal requisite time deliver a response application period en (2) copies of all of ~ the documents ~ which were en required to be 6 m included in the JJ ):> principal z application :-i I 1\) CD I L I (3) copy of the c z order sought m formulated as a 1\) 0 draft order of the --' --' tribunal z0 t 0 Ul

Consumer Protection Act: Regulations: Functions of Tribunal and the Rules for conduct of matters before National Consumer Tribunal: Amendment (G.N. No. 428 of 2011) · Nelum