Commentary on Sections Part 6: Consumer Protection and Miscellaneous New section 30L: Enforcement of consumer redress orders
602.Subsection (1) enables the Authority to enforce a consumer redress order. The Authority can bring civil proceedings for an injunction or interdict, for specific performance or for any other appropriate remedy or relief.
603.Subsection (3) makes the obligation on a regulated person to comply with a consumer redress order a duty which is owed to any person who is affected by a contravention of the order. This provision enables a consumer, in conjunction with subsection (4), to enforce a consumer redress order by bringing civil proceedings against the regulated person and seeking any appropriate remedy or relief.
604.Subsection (5), by regarding the duty owed to a consumer under subsection (4) as a contractual duty, enables a consumer to enforce a consumer redress order and as part of that claim to seek, for example, damages in respect of any loss or damage which a regulated person has caused the consumer as a result of non-compliance with the consumer redress order.