2011 Annual Report - The Commerce Commission

Table: 6 Cases Successfully Disposed in 2011 - Northern Division (cont…)Cases Resolved in 2011Case Number Case Name Case Details2011/11/16 – FTDN492011/11/29 –FTDN50Consumer Tvs. CompanyAConsumer Uvs. CompanyBThe Commission received a complaint from Consumer T against CompanyA regarding the purchase of a 1 x 3KVA Diesel Generator on 06/09/2011 for$1,700.00 for Construction work at Delai Koro. After using the generator for3 weeks, the sound of the engine changed and it started vibrating. TheGenerator was returned to Company A on 29 th September, 2011. Thecomplainant asked Company A to either refund his money afterdeducting the usage for 3 weeks or provide him with a replacementGenerator to continue his work. However, the Manager replied that since nowarranty was provided on the Generator, the Consumer would have to waittill his generator could be repaired by the distributors.The case was mediated and Company A officials were advised to repair andreturn the generator to Consumer T.On 29 th November, 2011, Consumer U lodged a complaint against CompanyB for selling a Genuine Cebo Sandal for $99.95 that was worn out after 5months from the purchase date. Upon investigation, the trader was informedthat he was breaching Section 114 (1) of the Commerce CommissionDecree 2010 by selling Unmerchantable Quality goods to the customer at aprice of a genuine product, that is, the goods were faulty in just 5 months.Company B agreed to refund the customer. On 14 th December, 2011, thecase was mediated and resolved whereby Company B refunded ConsumerU $99.95.Provisions ofCCD2010ConsumerProtection &UnfairPracticeConsumerProtection &UnfairPractice andDivision 1 –WarrantySectionsBreachedSection 77 (h)Sections 76, 83& 114Page153of236