2011 Annual Report - The Commerce Commission

2011 Annual Report - The Commerce Commission 2011 Annual Report - The Commerce Commission

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Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/02/02/BC-FTD/242011/02/02/BC-FTD/252011/02/04/BC-FTD/26ComplaintagainstCompany AConsumer Tvs. Company BConsumer Uvs. Company COn 02-02-11, the Commission received a complaint from Consumer S,against Company A in regards to the selling of sweets which did not clearlyshow the expiry date. Once the complaint was lodged, FCC tried to contactthe managing director of the company and FCC came to know that thematter was before the Fiji Police Force and they were investigating. Theabove was conveyed to the complainant and the case was closed.On 02-02-11, the Commission received a complaint from Consumer Tagainst Company B. The complainant alleged that his name was forwardedto the Data Bureau by Company T claiming default of payment. TheComplainant bought a brush cutter from Company B Nausori on hirepurchase for his brother. Payments went well but slowed down in the lastfew months and the brush cutter was repossessed with arrears amountingto $588.36. Upon receipt of the complaint, FCC mediated the matter andthe complainant’s name was cleared from the Data Bureau.On 04-02-11, the Commission received a complaint from Consumer Uagainst Company C based in Nausori, regarding the sale of expiredproducts (Mayonnaise 375g). The complaint was lodged with anotherorganisation but no further action was taken and the complaint was referredto the Director of the Central Board of Health. On 12-12-11, theCommission followed up with Ministry of Health and was informed that thematter had been referred to them and they had investigated the matter. TheComplainant was informed on the above and the case was closed.ConsumerProtection &Unfair PracticesConsumerProtection &Unfair PracticesConsumerProtection &Unfair PracticesSection 87Section 76Section 87 JPage21of236

Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/02/09/BC-FTD/282011/02/08/BC-FTD/29Consumer Vvs. Company CConsumer Wvs. Company DOn 09-02-11, the Commission received a complaint from Consumer Vagainst Company C for an unjustified charge of $50 for returning an enginewhich he bought but did not use. Consumer V bought an engine fromCompany C. However, when he fitted the engine, it was not functioning. Hecomplained to the company and requested for a refund but they chargedhim $50 for freight. Once the complaint was lodged, FCC formally wrote toCompany C, informing them of the issue and seeking a response. Aresponse was received; informing FCC that the $50 was deducted as afreight cost and it was advised to the complainant before the sale wasmade. The above was conveyed to complainant and the case was closed.The Commission received a complaint from Consumer W against CompanyD. Consumer W engaged Company D to have some electrical workcompleted at the directors residence including the installation of an electricgate but the job was not completed. Once the complaint was lodged, FCCformally wrote to the respondent informing him of the issue and seeking aresponse. A response was received; informing FCC that Company D wouldcomplete the work within the next 2 weeks. After 2 weeks, FCC made anofficial visit to inspect the work and found out that the work was notcompleted. FCC then invited both parties to the Commission for mediation.During the mediation, the respondent informed the Commission that thecomplainant had not paid any labour costs to him, to which FCC requestedthe complainant to deposit a sum of $1500.00 with FCC. The respondentalso agreed to complete the work within next 2 weeks. Later thecomplainant informed FCC that the respondent had failed to complete thework as was agreed. On 11-08-11, the total sum of $1,500.00 was returnedto the complainant and was informed that he may lodge a claim with SCTas they did not have any written agreement to substantiate their claims.ConsumerProtection&UnfairPracticesConsumerProtection&UnfairPracticesSection 75Section 84Page22of236

Table 2: Cases Successfully Disposed Of in <strong>2011</strong>(cont…)Cases Resolved in <strong>2011</strong>Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached<strong>2011</strong>/02/09/BC-FTD/28<strong>2011</strong>/02/08/BC-FTD/29Consumer Vvs. Company CConsumer Wvs. Company DOn 09-02-11, the <strong>Commission</strong> received a complaint from Consumer Vagainst Company C for an unjustified charge of $50 for returning an enginewhich he bought but did not use. Consumer V bought an engine fromCompany C. However, when he fitted the engine, it was not functioning. Hecomplained to the company and requested for a refund but they chargedhim $50 for freight. Once the complaint was lodged, FCC formally wrote toCompany C, informing them of the issue and seeking a response. Aresponse was received; informing FCC that the $50 was deducted as afreight cost and it was advised to the complainant before the sale wasmade. <strong>The</strong> above was conveyed to complainant and the case was closed.<strong>The</strong> <strong>Commission</strong> received a complaint from Consumer W against CompanyD. Consumer W engaged Company D to have some electrical workcompleted at the directors residence including the installation of an electricgate but the job was not completed. Once the complaint was lodged, FCCformally wrote to the respondent informing him of the issue and seeking aresponse. A response was received; informing FCC that Company D wouldcomplete the work within the next 2 weeks. After 2 weeks, FCC made anofficial visit to inspect the work and found out that the work was notcompleted. FCC then invited both parties to the <strong>Commission</strong> for mediation.During the mediation, the respondent informed the <strong>Commission</strong> that thecomplainant had not paid any labour costs to him, to which FCC requestedthe complainant to deposit a sum of $1500.00 with FCC. <strong>The</strong> respondentalso agreed to complete the work within next 2 weeks. Later thecomplainant informed FCC that the respondent had failed to complete thework as was agreed. On 11-08-11, the total sum of $1,500.00 was returnedto the complainant and was informed that he may lodge a claim with SCTas they did not have any written agreement to substantiate their claims.ConsumerProtection&UnfairPracticesConsumerProtection&UnfairPracticesSection 75Section 84Page22of236

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