2011 Annual Report - The Commerce Commission

Table:6 Cases Successfully Disposed Of- Northern DivisionCases Resolved in 2011Case Number Case Name Case Details2011/03/16 –FTDN182011/03/17 –FTDN192011/03/17 –FTDN20Consumer Yvs. CompanyFConsumer Zvs. CompanyGConsumer Avs. CompanyHpurchased wrong part. It was later revealed in a statement that theelectrician had further modified the part; therefore the case was out of theCommission’s jurisdiction since the part had been modified from its originalstate and involved a third party liability issue.On 16 th March, 2011, Consumer Y lodged a complaint against Company Ffor a disparity in price between the cashier and the shelf display. AnInvestigation conducted on 5 th April, 2011 did not reveal such practicesoccurring; however regular monitoring was conducted by Commission staffin all the supermarkets to ensure that customers were not misled.On 17 th March, 2011, Consumer Z lodged a complaint against Company Gfor not paying dalo farmers as per their rate for each kg. Consumer Z statedthat the Company buys dalo on credit per kg, however when Company Gpays the farmers, they would pay them at a different rate stating that someof the dalo was rejected. Company G was contacted on 26 th September,2011 and Company G advised that he was no longer buying dalo fromConsumer Z. Consumer Z stated that he had no evidence of how much dalohe had given to Company G for sale. The Complainant was advised that theCommission would not be able to proceed with the case due to the lack ofevidence provided against Company G.On 17 th March, 2011, Consumer A lodged a complaint against Company Hfor selling a faulty phone to him and not being able to repair it when hecomplained about the faulty product. The Complainant was advised to referhis complaints to the Small Claims Tribunal since he wanted to claim arefund from Company H for the faulty phone sold. Consumer A confirmed tothe Commission that he had received the refund from Company H throughthe Small Claims Tribunal. The case was then closed.Provisions ofCCD2010ConsumerProtection &UnfairPracticeConsumerProtection &UnfairPracticeConsumerProtection &UnfairPracticeSectionsBreachedSection 75Section 76Section 75,76(2) (d) & 83Page146of236