2011 Annual Report - The Commerce Commission

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Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/10/12/BC-FTD/2512011/10/12/BC-FTD/252Consumer Lvs. Company PConsumer Mvs. CompanyQOn 12-10-11, the Commission received a complaint from Consumer Lagainst Company P regarding the vehicle which they had bought fromCompany P. The complainant informed FCC that he had bought a newNissan Navara from Company P on 29 April 2011 which developedmechanical problems. The Complainant was informed that the replacementparts for the vehicle had to be brought via air-freight from the supplierswhich would take at least 2 weeks. The vehicle mentioned was used as arental vehicle and the complainant was losing out on rental hires asbookings had been made for the vehicle. FCC mediated the matter and therespondent repaired the vehicle. A confirmation was received from thecomplainant that the vehicle is in working condition and based on above,the case was closed.On 12-10-11, the Commission received a complaint from Consumer M,against Company Q for refusing to finance the vehicles from his dealership.Once the complaint was received, FCC formally wrote to Company Q,informing them of the issue and seeking a response. A response wasreceived informing FCC that customers were not treated differently whenthey applied for loan. Company Q also confirmed that Customers’desirability and risk worthiness were assessed with unfettered discretion,taking into account all factors that were deemed relevant. Company Qconfirmed that Customers of the complainant were welcome to submit theirapplication to Company Q for their consideration. The above was conveyedto the complainant and the case was closed.Division 1 -WarrantyRestrictiveTrade PracticesSection 116Section 60Page109of236
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD20102011/10/13/BC-FTD/2532011/10/13/BC-FTD/2542011/10/13/BC-FTD/255Consumer Nvs. CompanyRConsumer Ovs. Company SConsumer Pvs. Company TOn 13-10-11, the Commission received a complaint from Consumer Nagainst Company R regarding locally produced ply boards. FCC aftermaking its assessment and analysis on the matter formally referred thematter to the Forestry Department. The above was conveyed to thecomplainant and the case was closed.On 13-10-11, the Commission received a complaint from Consumer Oagainst Company S. The complainant informed FCC that he had purchaseda water blaster from Company S and after using it twice, the machineexperienced problems. The complainant approached the respondentrequesting for the replacement which was denied. FCC formally wrote tothe respondent informing him of the issue and seeking a response. Aresponse was received informing FCC that another Consumer Organisationwas mediating the matter. The same was discussed with the complainantand the case was closed as FCC does not involve itself in parallelinvestigations.On 13-10-11, the Commission received a complaint from Consumer Pagainst Company T regarding the administrative cost on his hire purchaseaccount. The complainant informed FCC that he had written a letter to therespondent questioning the charging on demand notices concerning hisaccount. The Respondent sent the complainant three demand notices byregistered mail for which he was charged $112.00 for each. TheComplainant also stated that he was charged $2.00 for every telephone callthey made, in total $38.00. Apart from this, the complainant was charged alate payment penalty of $466.00 which was sufficient to cover the costsincurred for delayed payments. FCC after making its assessment andanalysis on the matter formally informed the complainant that theissue/matter did not breach the Commerce Commission Decree 2010 andProvisionsBreachedNo Breach of CommerceCommission Decree 2010Consumer Protection &UnfairPracticesNo Breach of Commerce CommissionDecree 2010Page110of236
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LETTER TO THE MINISTERHonorable Aiy
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5. Legal DepartmentThe department
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1.0 FAIR TRADING DEPARTMENT1.1 Over
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Figure 1: FTD Cases - Breakdown in
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Table 2: Cases Successfully Dispose
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Table: 6 Cases Successfully Dispose
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2.2 RENT SECTIONRent Section is a d
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Figure 5: House Conditions e.g. lea
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2.5 ACTIVITIES HIGHLIGHTSThe table
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Table 11: Rent Cases Resolved -2011
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Table 11: Rent Cases Resolved-2011C
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Table 11: Rent Cases Resolved-2011N
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Table 12: Summary of Steel Industry
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3.2 Ex Factory Wholesale Rebar Pric
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3.4 ElectricityDuring the period, t
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Table 16: Summary of Telecommunicat
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Table 16: Summary of Telecommunicat
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Table 17: Summary of Marina, Airpor
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Table: 18 Investigations and Resear
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Table: 19 Determinations and Price
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Table:20 Petroleum Re etail Price-2
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4.7 Ex-factory Wholesale Price of G
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Table: 24 Summaries of Inspections
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Table: 25 Summary of Inspections -
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5.0 Legal Department5.1 OverviewThe
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Table: 32 Number of Prosecutions fo
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FINANCIAL STATEMENT
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2011 Annual Report - The Commerce Commission

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