2011 Annual Report - The Commerce Commission

Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/09/29/BC-FTD/2382011/09/28/BC-FTD/239Consumer Bvs. Company DConsumer Cvs. Company EOn 29-09-11, the Commission received a complaint from Consumer Bagainst Company D, regarding the listing of his name with the Data Bureau.The complainant informed FCC that Company D sold Consumer B a tenwheeler truck, which was paid for with cash and a trade-in of 3 vehicles.Company D was given third party and transfer forms of the vehicles andcredit notes were provided to the complainant and all the related documentsshowed that the complainant cleared all payments to the respondent. FCCformally wrote to the respondent, informing him of the issue and seeking aresponse on the matter. A response and documents were received from therespondent which was cross checked with LTA and FCC found out that thevehicle was under another individual’s name and the other vehicle wasowned by another individual and the complainant had no direct interest inthe issue. The above was conveyed to the complainant and the case wasclosed.On 28-9-11, the Commission received a complaint from Consumer Cagainst Company E, regarding the purchase of a vehicle. The complainantpurchased a vehicle in 2008 and discovered a rattling noise and it wasreported to the respondent. The respondent requested for the complainantto bring the vehicle for diagnosis to determine what the matter was. TheRespondent removed almost all the parts of the vehicle and new parts werereplaced. All diagnosis and replacements of the parts were done over a 3year period and the vehicle was taken for so many test drives. Later, on 8September 2011, the complainant’s son noticed that the 4 wheel drive lightwas on and that the release of the clutch plate was hard. The vehicle wastaken to the respondent and they were informed that it was a clutch plateand pressure plate problem and they could not repair it as it was notcovered under warranty. Once the complaint was received, FCC formallywrote to the respondent, informing them of the issue and seeking aresponse. A response was received informing FCC that the reason for theConsumerProtection&UnfairPracticesRestrictive TradePracticesSection 76Section 66Page103of236