2011 Annual Report - The Commerce Commission

Table: 6 Cases Successfully Disposed in 2011 in Northern Division (cont…)Cases Resolved in 2011Case Number Case Name Case Details2011/06/27 –FTDN32Consumer Ivs. CompanyOOn 27 th June, 2011, Consumer I lodged a complaint against Company O forselling him a faulty phone. An Investigation revealed that Company O hadalready given Consumer I a new replacement phone, however Company Oofficials explained that the memory card was full and that resulted in theslowing down of the phone’s data processing speed. The case was resolvedthrough mediation and it was explained to Consumer I that he could not berefunded since Company O was willing to repair the phone under warranty.2011 /05/31 –FTDN332011/06/05 –FTDN35Consumer Jvs. CompanyPConsumer Kvs. CompanyQOn 31 st May, 2011, Consumer J lodged a complaint against Company P forbeing charged $0.34 for 72 units of kwh usage of electricity. An Investigationrevealed that Company P had computed the bill through average dailyusage whereby monthly usage was found to be more than 75 units.Justification was provided to Consumer J that his average daily usageremained high, hence the reason he was charged at $0.3484 for each unit ofelectricity consumed.On 5 th June, 2011, Consumer K alleged that Company Q did not fulfill theirwarranty conditions. The warranty period for a headset, battery and chargerwas for 1 year and 3 months for electronic malfunction, liquid or physicaldamage. The phone was purchased by the Complainant on 27 th November2010.An Investigation revealed that the phone was sent to Suva for repairs on05/06/2011. On 28 th June, 2011, Company Q sent the Job sheet and it wasrevealed that the battery was at fault and liquid damages were also visible. Itwas explained to the consumer that he was only being charged for liquiddamages and not for battery malfunctions as per the warranty conditions.The consumer was advised to pay the charges and take his phone.Provisions ofCCD2010ConditionsandWarranties inConsumerTransactionsDivision1 –WarrantyConsumerProtection &UnfairPracticeConsumerProtection &UnfairPracticeSectionsBreachedSection 112Section 76 & 84Section 88Page149of236