2011 Annual Report - The Commerce Commission

Table:6 Cases Successfully Disposed Of- Northern DivisionCases Resolved in 2011Case Number Case Name Case Details2011/02/21 –FTDN122011/02/23 –FTDN 132011/02/25 –FTDN 15Consumer Wvs. CompanyDConsumer Xvs. CompanyEConsumer Yvs. CompanyFOn 21 st February, 2011, Consumer W of Bua lodged a complaint againstCompany D for not repairing his village generator despite Consumer Wpaying Company D $4000.00 in advance. The case was referred from theCommission’s Northern office and Mr. X of Company D agreed to repair andinstall the generator in Bua. The generator was repaired to an operationalcondition. The generator was taken by Mr. X and installed in Bua. The casewas resolved through mediation.On 23 rd February, 2011, Consumer X lodged a complaint against CompanyE for the malfunctioning of his mobile phone’s battery which he had boughtfrom Company E under a 6 month warranty.Despite his attempts to bring the matter to the attention of the Managementof Company E, nothing eventuated. This case was resolved throughmediation and Consumer X’s phone was repaired under warranty and givenback to him.On 25 th February, 2011, Consumer Y lodged a complaint against CompanyF for refusing to replace a Carbonator which he had bought from CompanyF for $150.00. The Carbonator was a second hand spare part. TheComplainant stated that the alleged part could not fit in his car; therefore heneeded a replacement or a refund. Investigations revealed that due to thewrong advice of the electrician and the mechanic, Consumer Y had sufferedloss and as a resultProvisions ofCCD2010ConsumerProtection &UnfairPracticeConditionsandWarranties inConsumerTransactions– Division 1 –WarrantyConsumerProtection &UnfairPracticeSectionsBreachedSection 75 & 76.Section 116Section 76Page145of236