2011 Annual Report - The Commerce Commission

Table 4: Cases Successfully Disposed Of- Western Division 2011Cases Resolved in 2011Case NumberCase Name Issues Part of CCD 2010 Provisions Breached28/11/11Consumer L vs.Company SOn 28-11-11 the Commission received a complaint from Consumer L againstCompany S, regarding a mobile phone purchased from the company. He hadpurchased the mobile phone-model Z-58 in August 2011.The day after hebought the phone the charger stopped working and he went back to thecompany and the charger was replaced. In early October his phone staredhaving problems and would automatically switch off. He took the phone toCompany S and after 2 weeks was informed that the phone could not berepaired. He informed Company S that he would refer the matter toConsumer Protection Agencies and he was then called by the company andadvised that the phone would be sent to Suva for repair. After more than 2weeks the company informed him that the phone could not be repaired andthat it gotten physical damages which are not covered under the warranty.On 29-11-11 discussions were held with the Respondent and they wereadvised that they would need to provide a service report that the phone hadphysical damages. On the same day the Respondent provided the serviceand provided an offer that a replacement phone of the same value would beprovided should the Complainant agree. The message was conveyed to theComplainant and he advised the Commission that he would consider theoffer. On 9-12-11 the Commission made a call to the Complainant and hethen advised FCC that he had repaired his phone at his own cost. The casewas then closedConsumerProtection &Unfair Practices.Sections 77 & 114Page139of236