2011 Annual Report - The Commerce Commission
2011 Annual Report - The Commerce Commission 2011 Annual Report - The Commerce Commission
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/03/24/BC-FTD/622011/03/18/BC-FTD/63Consumer Cvs. Company MSupplier D vs.Company N,O,P,Q & ROn 24-03-11, the Commission received a complaint from Consumer C. TheComplainant bought a 15hp Yamaha Outboard Engine from Company M on13-12-10 and after using it for approximately 2 hours, the Engine did notstart. On 29-12-10, the complainant took the Engine to have it replaced andhe was advised that a replacement would be made in two weeks, however,3 months went past but the replacement was not done. FCC mediated thematter and Company M agreed to repair the engine FOC and the same wascompleted and the matter resolved.On 17-03-11, the Commission received a complaint from Supplier D againsta total of 5 supermarkets. FCC was informed that these supermarkets werenot allowing Supplier D to access their shelves in the supermarkets and thereason given by these supermarkets was that they had exclusive deals withCompany X. FCC formally wrote to all 5 supermarkets informing them of theissue and seeking a response. A response was received from the 5supermarkets, informing FCC that the company offered more than 500cartons of products which were not commercially viable, the price offeredwas not competitive compared to other competitors and there was nostandard pricing and Supplier D offered different prices to differentsupermarkets. That is, Supplier D was offering preferential pricing to sometraders and this distorted the market in terms of the final retail prices. The 5supermarkets informed the Commission that they were willing to trade withSupplier D provided that everyone was treated equally by the supplier. Theabove was conveyed to the complainant and the case was closed as nofurther correspondences were received.Division 1 -Warranty Section 116Restrictive TradePracticesSection 69Page37of236
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/03/25/BC-FTD/642011/03/25/BC-FTD/652011/03/29/BC-FTD/66Consumer Evs. Company SConsumer Fvs. Company TConsumer Gvs. Company UOn 25-03-11, the Commission received a complaint from Consumer Eagainst Company S for charging incorrect, inaccurate and high bills to her.She also alleged that Company S charged her for a Company S meterwithout informing her and without any valid justification. After the new meterwas installed, the bill went up as high as $800 a month. Later her powersupply was disconnected without any notice. FCC mediated the matter andCompany S reconnected the electricity and the complainant made anarrangement with Company S to pay her bills via installments.On 25-03-11, the Commission received a complaint from Consumer F forthe supply of a faulty “thermo switch”. He went to have the product replacedbut he was advised that the Company could not replace nor refund themoney, since the product had been opened from the sealed packet. FCCmediated the matter and the respondent refunded the full amount of $38and a settlement was signed and the matter was resolved.On 29-03-11, the Commission received a complaint from Consumer Gagainst Company U, regarding the memory card of his mobile. TheComplainant informed FCC that Company U had asked the Complainant topay $10 and leave the phone with them to be checked by their techniciansand they were to inform the Complainant of any actions to be taken.Company U charged $20 to release the phone, informing the complainantthat they had to open and clean the phone. FCC mediated the matter andthe respondent agreed not to charge anything.ConsumerProtection&UnfairPracticesConsumerProtection&UnfairPracticesConsumerProtection &Unfair PracticesSections 75 & 76Section 75Sections 75 & 76Page38of236
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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>/03/25/BC-FTD/64<strong>2011</strong>/03/25/BC-FTD/65<strong>2011</strong>/03/29/BC-FTD/66Consumer Evs. Company SConsumer Fvs. Company TConsumer Gvs. Company UOn 25-03-11, the <strong>Commission</strong> received a complaint from Consumer Eagainst Company S for charging incorrect, inaccurate and high bills to her.She also alleged that Company S charged her for a Company S meterwithout informing her and without any valid justification. After the new meterwas installed, the bill went up as high as $800 a month. Later her powersupply was disconnected without any notice. FCC mediated the matter andCompany S reconnected the electricity and the complainant made anarrangement with Company S to pay her bills via installments.On 25-03-11, the <strong>Commission</strong> received a complaint from Consumer F forthe supply of a faulty “thermo switch”. He went to have the product replacedbut he was advised that the Company could not replace nor refund themoney, since the product had been opened from the sealed packet. FCCmediated the matter and the respondent refunded the full amount of $38and a settlement was signed and the matter was resolved.On 29-03-11, the <strong>Commission</strong> received a complaint from Consumer Gagainst Company U, regarding the memory card of his mobile. <strong>The</strong>Complainant informed FCC that Company U had asked the Complainant topay $10 and leave the phone with them to be checked by their techniciansand they were to inform the Complainant of any actions to be taken.Company U charged $20 to release the phone, informing the complainantthat they had to open and clean the phone. FCC mediated the matter andthe respondent agreed not to charge anything.ConsumerProtection&UnfairPracticesConsumerProtection&UnfairPracticesConsumerProtection &Unfair PracticesSections 75 & 76Section 75Sections 75 & 76Page38of236