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//11/10/BC-FTD/2762011/11/10/BC-FTD/277Consumer Evs. Company KConsumer Fvs. Company Lconfirmed and accepted the sailing date, route, price and passenger details.According to the complainant, the respondent had breached the agreementby entering into another verbal agreement with another individual to providethe services to Vanuabalavu on 20-12-11. The complainant requested FCCto instruct the respondent to cancel the trip on 20-12-11 to the island. FCCformally wrote to the respondent, informing them of the issue and seekingtheir response and clarification on the concern raised by complainant. On22-11-2011, FCC invited the complainant to discuss the matter and FCCinformed the complainant that the two charters were commercialtransactions and the Commission could not instruct the respondent tocancel the charter for 20-12-11. Based on the above, the case was closed.On 10-11-11, the Commission received a complaint from Consumer Fagainst Company L regarding the non-refund of $1,650.00, an advancepaid on 28 September 2011. The complainant informed FCC that a bookingfor accommodation was made on 28 September 2011 for 15 deluxe roomsat $110.00 each, for guests from another country for two days. Two roomsdid not have towels and hair dryers and the guests were not happy with theservices. The hotel Manager was notified of the early check out and theManager stated that they would be processing the refund on the same day.Upon request by the complainant, the respondent declined to give a refund.FCC formally wrote to the respondent informing them of the issue andseeking a response. A response was received, informing FCC that theywere not in a position to refund the money as the booking was made inadvance and the guests should have asked for the towels rather than justwalking out as they could not re-sell the room again. The above wasconveyed to the complainant and the case was closed.ConsumerProtection&UnfairPracticesConsumerProtection&UnfairPracticesSection 76Section 76 & 84Page121of236