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 ProvisionsBreached2011/11/15/BC-FTD/2822011/11/17/BC-FTD/285Consumer I vs.Company OConsumer Jvs. Company POn 15-11-11, the Commission received a complaint from Consumer Iagainst Company O. The complainant informed FCC that in 2010, he left hisvehicle with the respondent for repairs and informed the respondent that thegear box was not working. While the complainant was looking for the gearbox, he noticed that certain items from his vehicle were missing. Thecomplainant asked the respondent to return the missing parts where he wasasked to pay $100. FCC followed-up with the complainant to seek additionalinformation and the complainant informed FCC that he was withdrawing thecomplaint and would be taking the matter to court. Based on the above, thecase was closed.On 17-11-11, the Commission received a complaint from Consumer Jagainst Company P regarding the connection of electricity at 112 RaggAvenue, Namadi Heights. The Complainant informed FCC that the propertywas leased to another tenant early this year and she was given consent toconnect the electricity on the premises. The complainant did not provideany guarantee or assurance to Company P that if that tenant failed to paythe bill then they would be liable. The said tenant vacated the property inOctober 2011 and did not pay the electricity bills. Company P was nowrefusing to connect electricity for the new tenant and was asking thecomplainant to pay the bill before the electricity was connected for thetenant. FCC formally wrote to Company P informing them of the issue andseeking a response. On 05-12-11, FCC received a response from CompanyP, informing FCC that they had connected the power supply to theelectricity account number 1424-5801-13 on 18 November 2011 under thenew tenant.ConsumerProtection&UnfairPracticesConsumerProtection&UnfairPracticesSection 76 & 84Section 76 & 84Page123of236
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/11/11/BC-FTD/2862011/11/11/BC-FTD/288Consumer Kvs. Company QConsumer Lvs. Company ROn 11-11-11, the Commission received a complaint from Consumer Kagainst Company Q regarding his agency agreement and causingdefamation. The complainant informed FCC that he had terminated hisagency agreement with Company Q on 6 October 2011 pursuant to clause21, giving 1 month’s notice of termination in writing. On the same day, anemployee of Company Q wrote that Company Q was terminating theagreement with immediate effect from 7 October 2011, in breach of theagency agreement. From 8 October 2011 to 11 October 2011, Company Qplaced an advertisement in the Fiji Times and Fiji Sun about Consumer K’stermination, after which people who met Consumer K asked him the reasonfor being fired. Company Q also sent chain letters to its clients dated 20October 2011, informing them of the termination of Consumer K. Once thecomplaint was lodged, FCC after making its assessment and analysisformally informed the complainant that the FCC did not have the provisionsunder CCD 2010, to handle issues relating to employer & employeedisputes and he may consult the officials from the Ministry of Labour,Industrial Relations & Employment to discuss his grievances further. Basedon the above the case was closed.On 11-11-11, the Commission received a complaint from Consumer Lagainst Company R in regards to the Day Pass Promotion by Company Ron 10 November 2011. The Complainant informed the Commission that hewas on a free call at 0612hrs from 10-11-2011 to 0612hrs 11-11-2011which ended in the morning. He had enough credit in his phone during thefree pass period. On 11-11-11, he made a call for 31 minutes 9 seconds.After making the said call, Company R sent a text message notifying himthat the free pass had expired. As a result, Consumer L noted that hispurchased/normal credit was deducted.No Breach of Commerce CommissionDecree 2010Consumer Protection &UnfairPracticesPage124of236
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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 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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