2011 Annual Report - The Commerce Commission

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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
Table: 6 Cases Successfully Disposed in 2011 - Northern Division (cont…)Cases Resolved in 2011Case Number Case Name Case Details2011/12/21 –FTDN51Consumer Vvs. CompanyCOn 21 st December, 2011, Consumer V bought 4 bearings from Company Cand claimed that he was not issued with a receipt. Consumer V informed theCommission that the parts bought did not fit in his vehicle. The Complainantadvised that he wanted to return the parts, however Company C officialsasked him to show them the receipt. The case was investigated, andConsumer V was informed that since he had already used the part, theCommission could not ask Company C to accept the used part. However heas a customer can meditate with Company C. The Commission served aNotice of 7 days to Company C to verify whether the receipt was issued ornot since Company C officials claimed that the receipt book had been sentto Suva. The receipt book confirmed that Company C did issue the receipt toConsumer V.2011/12/29 –FTDN52Consumer Wvs. CompanyDOn 29 th December, 2011, Consumer W lodged a complaint for beingsupplied a faulty Top Head Gasket by Company D on 28-12-2011. AnInvestigation revealed that the Head Gasket was indeed faulty.The matter was mediated and the Director of Company D agreed to provideConsumer W with a new replacement head gasket at no extra cost.Provisions ofCCD2010ConsumerProtection &UnfairPractice /Paragraph 3of CounterInflation(Issuing ofTax invoiceby Trader)(Order 1998& Sec 129(1)a of CCD2010ConsumerPractice &UnfairPractice &Division 1 –WarrantySectionsBreachedSections – 75&Paragraph 3 ofCounterInflation(Issuing of Taxinvoice byTrader) (Order1998& Sec 129 (1)aof CCD 2010Sections 75, 76,114Page154of236
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LETTER TO THE MINISTERHonorable Aiy
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5. Legal DepartmentThe department
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1.0 FAIR TRADING DEPARTMENT1.1 Over
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Figure 1: FTD Cases - Breakdown in
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Table 2: Cases Successfully Dispose
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Page 104 and 105: Table 2: Cases Successfully Dispose
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Page 162 and 163: 2.2 RENT SECTIONRent Section is a d
Page 164 and 165: Figure 5: House Conditions e.g. lea
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Page 197 and 198: Table 12: Summary of Steel Industry
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Table 16: Summary of Telecommunicat
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Table 16: Summary of Telecommunicat
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Table 17: Summary of Marina, Airpor
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Table: 18 Investigations and Resear
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Table: 19 Determinations and Price
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Table:20 Petroleum Re etail Price-2
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4.7 Ex-factory Wholesale Price of G
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Table: 24 Summaries of Inspections
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Table: 25 Summary of Inspections -
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5.0 Legal Department5.1 OverviewThe
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Table: 32 Number of Prosecutions fo
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FINANCIAL STATEMENT
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2011 Annual Report - The Commerce Commission

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