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 ProvisionsBreached2011/11/09/BC-FTD/2752011//11/10/BC-FTD/276Consumer Dvs. Company JConsumer Evs. Company KOn 09-11-11, the Commission received a complaint from Consumer Dregarding the purchase of a printer ink cartridge from Nadro Computers.The complainant informed FCC that the color and black ink cartridge waspurchased on 4 April 2011 from the respondent. A maximum of 12 to 15pages were printed till 5 May 2011 when the black ink finished. The Sametype of cartridge was purchased before from the respondent and it lasted for4 months with more than 200 pages printed. The complainant requested fora replacement which was denied. Once the complaint was lodged, FCCformally wrote to the respondent informing them of the issue and seeking aresponse. A response was received, informing FCC that the ink cartridgesold to the complainant was used for 1 month of printing and photocopyingand there were no printing or photocopying records kept by thecomplainant. The Respondent informed FCC that the ink cartridge was agenuine product from Japan and had not been used or tampered by therespondent. There was no form of evidence on the issue to prove thecomplainant’s allegations. FCC after making its assessment and analysison the matter formally informed the complainant that FCC could not takeaction on the matter and alternatively, he may lodge a claim with the SmallClaims Tribunal to recover the sum paid to the respondent and the casewas closed.On 10-11-11, the Commission received a complaint from Consumer Eagainst Company K for not honoring a contractual agreement made on 31October 2011. The complainant informed FCC that the agreement statedthat the complainant was to pay the respondent a 10% deposit of $10,000for the hire of the vessel on 19-12-11. The said date would be the last trip toVanuabalavu before Christmas. By signing the contract, the respondentNo Breach of Commerce CommissionDecree 2010Page120of236